Applications for a franchise under the provisions of this chapter shall be made to the county board or its designated agency of primary responsibility for such concerns upon a form as established from time to time for that purpose by the county or its designated agent.
(Ord. CS 442 §1, 1991)
A. 
Applications for a new franchise shall include at a minimum:
1. 
A clear description of the identity of the applicant, including but not limited to the name of the applicant, the address of the applicant, the nature of the business entity, evidence of the compliance of the business entity with all applicable laws;
2. 
Evidence of financial responsibility in the form of a performance bond conforming to Section 6.60.510 of this chapter. A financial statement prepared by a certified public accountant, or a person otherwise satisfactory to the board, showing applicant's financial status and financial ability to complete the construction and installation of the proposed CATV system;
3. 
A nonrefundable application fee of two hundred dollars to cover the costs of review, issuance and enforcement of franchises issued pursuant to this chapter;
4. 
A schedule of construction, as established by the applicant and reflected upon map(s) of scale of not less than one inch equals one hundred feet showing by logical geographic progression of the system within the franchise area shall be constructed by the applicant within each calendar quarter during the period of construction;
5. 
A statement or schedule setting forth the number of channels and all of the television or radio stations proposed to be received, transmitted, conducted, relayed or otherwise conveyed over the CATV system;
6. 
A statement or schedule of proposed rates and charges to subscribers for installation and services, and a copy of proposed service agreement between the franchisee and its subscribers shall be given to the county within thirty days of acceptance of the franchise. For unusual circumstances, such as underground cable required, or more than one hundred fifty feet of distance from cable to connection of service to subscribers, an additional installation charged as specified in the applicant's proposal may be charged, with easements to be supplied by subscribers. For remote, relatively inaccessible subscribers with the county, service may be made available on the basis of cost of materials, labor and easement if required by franchisee. All such costs will be delineated in applicant's statement or schedule of proposed rates and charges. The decision of the board as to what shall be deemed remote or relatively inaccessible under this subsection shall be final;
7. 
A copy of any contract, if existing, between the applicant and any public utility providing for the use of facilities of such public utility, such as poles, lines or conduits;
8. 
A statement setting forth all agreements and understandings, whether written, oral or implied, existing between the applicant and any person, firm or corporation with respect to the proposed franchise or the proposed CATV system operation. If a franchise is granted to a person, firm or corporation posing as a front or as the representative of another entity and such information is not disclosed in the original application, such franchise shall be deemed null and void and of no force and effect whatsoever.
B. 
The board may at any time demand an applicant provide such supplementary, additional or other information as the board may deem reasonably necessary to determine whether the requested franchise should be granted.
C. 
Applicant shall provide the items set out in subdivisions 1, 2 and 3 of subsection A of this section with the franchise application. All other items shall be provided within thirty days from the franchise acceptance date.
(Ord. CS 442 §1, 1991)
A. 
Upon receipt of a completed application for an initial franchise under this chapter:
1. 
The board, if it desires to consider the granting of the franchise, shall pass a resolution declaring its intention to consider the application, setting forth a notice of the day, hour and place when and where any and all persons may appear before the board and be heard thereon, and directing the clerk of the board to publish the notice in the official newspaper at least once within ten days after the passage of the aforementioned resolution. The time fixed for the hearing shall be not less than fifteen days nor more than sixty days after the date of the passage of the resolution;
2. 
The clerk shall ensure the notice shall state the name of the applicant, the terms of the franchise, any amounts or percentages franchisee shall pay to the county during the life of the franchise, any limitations as to time, place, or type of service proposed, and location of where copies of the franchise application can be obtained;
3. 
Any person interested may make written objections against or statements for the granting of the franchise at any time but not later than the hour set for the hearing. Such statements must be signed by the interested party and delivered to the clerk of the board;
4. 
The board shall proceed to hear the matter and all persons shall be given opportunity to present their arguments.
B. 
The county may issue franchises for which applications are received unless:
1. 
The application shall fail to comply with the provisions of this chapter;
2. 
Any franchise issued to any affiliate, subsidiary or parent of the franchisee or any other person or entity in which the franchise has financial interest or which has financial interest in the franchisee shall be thereupon in default as to any provision of this chapter or as to any provision of any franchise issued hereunder; or
3. 
After fulfilling the provisions of subdivision 4 of subsection A of this section, the board deems the franchise will not be in the best interest of the people or the county. The board's decision shall be final in this matter.
C. 
The board may, in its direction, advertise for competitive bids for the purchase and implementation of the provisions of a franchise under this chapter in lieu of considering applications for franchises.
(Ord. CS 442 §1, 1991)
Within thirty days after the effective date of the franchise agreement awarding a franchise or within such extended period of time as the board in its discretion may authorize, the franchisee shall file with the board its written acceptance of the franchise, in form satisfactory to the county counsel, together with the bond and insurance policies required by Section 6.60.510 through 6.60.530, and its agreement to be bound by and to comply with the provisions of this chapter and the franchise. Such acceptance and agreement shall be acknowledged by the franchisee before a notary public and shall in form and content be satisfactory to and approved by the county counsel.
(Ord. CS 442 §1, 1991)
A. 
The term of all franchises issued pursuant to the provisions of this chapter shall be no longer than twenty years but no less than ten years, unless sooner terminated by operation of law or by mutual agreement of the county and the franchisee.
B. 
The board must publish notice of a public hearing in accordance with applicable laws and regulations and have majority vote for termination of said franchise.
(Ord. CS 442 §1, 1991)
A. 
Franchise renewals shall be granted in accordance with the Cable Communications Policy Act of 1984 or any subsequent amendments thereto and the terms and provisions of this chapter shall be applicable during the term of the franchise to the extent permitted by federal or state laws and regulations. Applications for a renewal shall include at a minimum:
1. 
The last annual financial statement of the franchisee;
2. 
A nonrefundable application fee of two hundred dollars to cover the costs of review, issuance and enforcement of the franchises issued pursuant to this chapter;
3. 
A map of the current service area;
4. 
A current list of services and schedule of rates and changes.
B. 
The board may at any time demand an applicant provide such supplementary, additional or other information as the board may deem reasonably necessary to determine whether the requested franchise should be granted.
(Ord. CS 442 §1, 1991)
Any cable television system holding a franchise pursuant to the provisions of this chapter shall provide equal and uniform cable television service, subject only to a reasonable construction schedule submitted by the applicant.
(Ord. CS 442 §1, 1991)
No dwelling units shall be excluded from service to be provided to the franchise area defined by the board, except pursuant to Section 6.60.030(C) of this chapter.
(Ord. CS 442 §1, 1991)