The terms of this article shall not apply to applications for
renewal of a franchise.
(Ord. 993 § 1, 1994)
Any person desiring a franchise for a cable television system
shall file an application with the city. A nonrefundable application
fee established by the city shall accompany the application to cover
all costs associated with processing and reviewing the application,
including without limitation costs of administrative review, financial,
legal and technical evaluation of the applicant, consultants (including
technical and legal experts and all costs incurred by such experts),
notice and publication requirements with respect to the consideration
of the application and document operation expenses. In the event such
costs exceed the application fee, the applicant shall pay the difference
to the city within thirty days following receipt of an itemized statement
of such costs from the city. In the event such application fee exceeds
the amount of such costs, the city shall refund the amount of the
excess to the applicant within thirty days following completion of
the proceedings relating to such application.
(Ord. 993 § 1, 1994)
An application for a franchise for a cable television system
shall contain, where applicable:
A. Designation
of specific area to be served by franchise;
B. Resume
of prior history of applicant, including the expertise of applicant
in the cable television field;
C. List
of the partners, general and limited, if the applicant is a partnership
and a list of the persons and/or entities involved if the applicant
is a joint venture;
D. List
of the names and addresses of stockholders of applicant and percentage
of stock owned or controlled by each shareholder. List shall include
all persons having a legal or equitable interest in five percent or
more of its voting stock;
E. List
of officers, directors and managing employees of applicant, together
with a description of education and business background of each such
person;
F. A current
financial statement of applicant verified by a CPA audit or otherwise
certified to be true, complete and correct to the reasonable satisfaction
of the city;
G. Proposed
construction schedule, providing for at least thirty-three and one-third
percent construction per year for three years;
H. Street
map of area to be served showing the location of proposed or existing
head-end site (antenna site) and business office;
I. Legal
description of area to be served;
J. Proposed
rates and charges to be charged subscribers;
K. Itemized
electronic equipment to be used, channels to be provided, pay TV,
or additional services and type of converter;
L. Technical
market survey of area and economic analysis including number of homes,
population, income bracket and percent of those requesting and those
projected or estimated to request service, if available;
M. The
names and addresses of any parent or subsidiary of applicant or any
other business entity owning or controlling applicant in whole or
in part, or owned or controlled in whole or in part by applicant;
N. A signed
statement by an officer indicating whether any principal, officer,
director or managing employee:
1. Has
ever been convicted or held liable for acts involving moral turpitude
(including, but not limited to, charges sustained before any federal
or state agency, or violation of any tax or securities law), or is
presently under any indictment, investigation or complaint charging
any such acts;
2. Has
ever had a judgment in an action for fraud, deceit or misrepresentation
entered against it, or them by any court of competent jurisdiction;
or
3. Has
pending any legal claim, lawsuit or administrative proceeding arising
out of or involving a cable television system; and
O. Any
reasonable additional requirements or information that the city deems
to be applicable.
(Ord. 993 § 1, 1994)
Not less than fifteen days before the hearing, the city clerk
shall give notice to the applicant in writing of the time, date and
place of hearing. The city clerk shall serve such notice upon the
applicant either by first-class mail, postage prepaid, or by personal
delivery thereof to the applicant.
(Ord. 993 § 1, 1994)
The city clerk shall cause a notice to be posted in three places
within the area to be served stating the time, date and place of a
hearing not less than fifteen days prior to the hearing. The city
clerk shall publish in a newspaper of general circulation circulated
within the area to be served and pursuant to Section 6006 of the Government
Code the same notice is required to be posted.
(Ord. 993 § 1, 1994)
Any person interested, any time after the filing of an application
as provided in this chapter, and prior to the hearing thereon, may
file with the city clerk written comments, protests, and/or suggestions,
either for or against the granting of the franchise or to suggest
any terms and conditions which should be included in the franchise.
(Ord. 993 § 1, 1994)
At the time and place set for the hearing or at the time and
place to which the hearing may be continued by the council, the council
shall hear the applicant, who may present any relevant evidence to
show why the franchise should be granted, why certain terms or conditions
should be imposed or not imposed on such franchise if granted, and
also shall hear testimony or statements of other persons who may attend
the hearing.
(Ord. 993 § 1, 1994)
Within thirty days after the close of the hearing, the council
shall make a decision based on the evidence received at the hearing
as to whether or not the application should be granted, and, if granted,
subject to what conditions. The council may grant one or more franchises,
or may decline to grant any franchise. The council shall send a copy
of its decision to the applicant.
(Ord. 993 § 1, 1994)