A written application shall be filed with the city for (A) grant of an initial franchise, (B) renewal of a franchise within the meaning of 47 U.S.C. Section 546(a) – (g), or (C) modification of a franchise pursuant to this title or a franchise. A request for renewal, pursuant to 47 U.S.C. Section 546(h), may also be filed informally, as provided in FMC 11.04.080.
(Ord. 1402 § 1(11.04.4.1), 2001)
Except as expressly required by the city for good cause, a request for proposals for a cable franchise shall be deemed to require, and any application submitted pursuant to FMC 11.04.040 (and expressly not an informal renewal application submitted within the meaning of 47 U.S.C. Section 546(h)) shall contain, at a minimum, the following information:
A. 
Identity of the applicant, the persons who exercise working control over the applicant, and the persons who control those persons, to the ultimate parent.
B. 
Identification of the area of the city to be served by the proposed cable system, including a description of the proposed franchise area's boundaries.
C. 
A detailed description of the physical facilities proposed, which shall include at least the following:
1. 
A description of the channel capacity, technical design, performance characteristics, head end, access (and institutional network) facilities and equipment;
2. 
The location of proposed facility and facility design, including a description of the miles of plant to be installed, and a description of the size of equipment cabinets, shielding and electronics that will be installed along the plant route, the power sources that will be used and a description of the noise, exhaust and pollutants, if any, that will be generated by the operation of the same; provided, however, that, if some of the descriptive data is not available at the time of application, the franchise may issue subject to conditions that the data be filed and approved by the city before construction begins and that the franchise will be deemed to be forfeited if the data is not supplied and approved; provided, further, that the foregoing proviso does not authorize the grant of a franchise where there is not sufficient information to appraise the impact of the applicant's proposal; provided further, in the event that subsections (C)(2) and (3) of this section require information that is a business or trade secret and/or proprietary information and the operation wishes to protect the information against disclosure, then operator shall provide said information to city in a separate envelope marked "Proprietary Information: DO NOT DISCLOSE." The city will exercise good faith efforts to protect the confidentiality of the business or trade secrets or proprietary information that is designated as such; provided further, that (a) in the event a public disclosure request is made for information marked as proprietary, and if the city attorney determines that said information may be subject to being disclosed, or (b) the city determines that the information should be disclosed in connection with its enforcement of any provision of this title, or in the exercise of its police or regulatory powers, then the city shall notify the operator of the operator's opportunity to seek a protective order from a court with appropriate jurisdiction. In the event that a protective order is not obtained within 30 days or, if shorter, the time limitation set forth in state law, then city may disclose said information. The operator is obligated to reimburse and indemnify city for all costs, damages and attorney fees that may be awarded or assessed by the court for any actions city took at the request of operator;
3. 
A map of the general route the facility will follow, a designation of the portions of the system that will be placed above ground and the portions that will be placed underground, and the construction techniques that the operator proposes to use in installing the system above ground and underground, a schedule for construction of the facility, describing when and where construction will begin, how it will proceed, and when it will be completed, and the expected effect on right-of-way usage, including information on the ability of the public rights-of-way to accommodate the proposed system, including, as appropriate given the system proposed, an estimate of the availability of space in conduits and an estimate of the cost of any necessary rearrangement of existing facilities; provided, however, that any proprietary information required under this subsection as well as the preceding subsection shall be subject to the nondisclosure procedure prescribed in the proviso of the preceding subsection;
4. 
A description, where appropriate, of how services will be converted from existing facilities to new facilities, and what will be done with existing facilities.
D. 
A demonstration of how the applicant will reasonably meet the future cable-related needs and interests of the community, including descriptions of the capacity, facilities and support for public, educational, and governmental use of the cable system (including institutional networks) applicant proposes to provide and why applicant believes that the proposal is adequate to meet the future cable-related needs and interests of the community.
E. 
A demonstration of the financial qualifications of the applicant, including at least the following:
1. 
The proposed rate structure, including projected charges for each service tier, installation, converters, and all other proposed equipment or services;
2. 
A statement regarding the applicant's financial ability to complete the construction to meet the time frame proposed and to operate the cable system proposed certified by the applicant's chief financial officer; and
3. 
Pro forma financial projections for the proposed franchise term, including a statement of projected income, and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules.
F. 
A demonstration of the applicant's technical ability to construct and/or operate the proposed cable system.
G. 
A demonstration that the applicant is legally qualified, which proof must include a demonstration that the applicant:
1. 
Has received, or is in a position to receive, necessary authorizations from state and federal authorities;
2. 
Has not engaged in conduct (fraud, racketeering, violation of antitrust laws, consumer protection laws, or similar laws) that allows city to conclude the applicant cannot be relied upon to comply with requirements of franchise, or provisions of this title. An applicant may show that it would be inappropriate to deny it a franchise under this subsection, by virtue of: the particular circumstances surrounding the acts or omissions at issue; the steps taken by the applicant to cure all harms flowing therefrom and to prevent their recurrence; and the lack of involvement of the applicant's principals, or the remoteness of the acts or omissions from the operation of communications systems;
3. 
Is willing to accept a franchise, to pay required compensation and to abide by the provisions of applicable law, including those relating to the construction, operation or maintenance of its facilities, and has not entered into any agreement that would prevent it from doing so; and
4. 
Must not have submitted an application for an initial or renewal franchise to the city, which was denied on the ground that the applicant failed to propose a cable system meeting the cable-related needs and interests of the community, or as to which any challenges to such franchising decision were finally resolved (including any appeals) adversely to the applicant, within three years preceding the submission of the application.
H. 
Additional Information Regarding Affiliates. To the extent that the applicant is in any respect relying on the financial or technical resources of another person, including another affiliate, the proofs required by subsections E and F of this section should be provided for that person.
I. 
A description of the applicant's prior experience in cable system ownership, construction, and operation, and identification of cities and counties in Washington in which the applicant or any of its principals have a cable franchise or any interest therein; provided, that an applicant that holds a franchise for the city and is seeking renewal of that franchise need only provide this information for other cities and counties in Washington where its franchise is scheduled to expire during the 12-month period prior to the date its application is submitted to the city and for other cities and counties in Washington where its franchise had been scheduled to expire during the 12-month period after the date its application is submitted to the city. If an applicant has no other franchise in Washington, it shall provide the information for its operations in other states.
J. 
An affidavit or declaration of the applicant or authorized officer thereof certifying the truth and accuracy of the information in the application, and certifying that the application meets all requirements of applicable law.
(Ord. 1402 § 1(11.04.4.2), 2001)
A. 
A person may apply for a franchise in response to a request for proposals ("RFP") issued by the city. Any response to an RFP shall contain the information required by FMC 11.04.050, and such other information as the RFP may require, and must be submitted in accordance with the requirements in the RFP. A properly filed response to an RFP is subject to evaluation in accordance with subsection C of this section. The city may conduct such investigations from time to time as may be appropriate to establish RFP requirements.
B. 
Notwithstanding the provisions of subsection A of this section, a person may apply for an initial franchise by submitting an unsolicited application containing the information required in FMC 11.04.050 and requesting an evaluation of that application pursuant to subsection C of this section. Prior to evaluating that application, the city may conduct such investigations as are necessary to determine whether the application satisfies the standards set forth in subsection C of this section, including by commencing a proceeding to identify the future cable-related needs and interests of the community. It also may seek additional applications prior to evaluating the application. An applicant for an initial franchise shall be provided an opportunity to amend its application in light of the result of any investigation conducted by the city, prior to evaluation of that application pursuant to subsection C of this section.
C. 
In evaluating an application for a franchise, the city may consider the following factors:
1. 
The extent to which the applicant has substantially complied with the applicable law and the material terms of any existing cable franchise for the city;
2. 
Whether the quality of the applicant's service under any existing franchise in the city, including signal quality, response to customer complaints, billing practices and the like has been reasonable in light of the needs and interests of the communities served;
3. 
Whether the applicant has the financial, technical, and legal qualifications to hold a cable franchise;
4. 
Whether the application satisfies requirements established by the city under this title or in an RFP or is otherwise reasonable to meet the future cable-related needs and interests of the community, taking into account the cost of meeting such needs and interests;
5. 
Whether, to the extent not considered as part of subsection (B)(4) of this section, the applicant will provide adequate public, educational, and governmental use capacity, facilities, or financial support thereof;
6. 
Whether issuance of a franchise is in the public interest considering the immediate and future effect on the public rights-of-way and private property that would be used by the cable system, including the extent to which installation or maintenance as planned would require replacement of property or involve disruption of property, public services, or use of the public rights-of-way; and the comparative superiority or inferiority of competing applications; and
7. 
Whether the approval of the application may eliminate or reduce competition in the delivery of cable service in the city.
D. 
If the city finds that it is in the public interest to issue a franchise considering the factors set forth above, the city may adopt a franchise ordinance setting forth the terms and conditions of the franchise, which franchise shall become effective upon satisfaction of conditions precedent to effectiveness, and when signed and accepted by the applicant. If the city denies a franchise, it will cause a written explanation of the denial to issue, which may be in any appropriate form. Without limiting its authority to deny an application for a franchise, the city specifically reserves the rights to reject any application that is incomplete or fails to respond to an RFP. Nothing in this title shall be construed in any way to limit the discretion and legislative authority of the city council in making decisions relative to the granting, denial, or renewal of a franchise.
(Ord. 1402 § 1(11.04.4.3), 2001)
A. 
To the extent required by federal law, requests for cable franchise renewal under the Cable Act will be received and reviewed in a manner consistent with Section 626 of the Cable Act, 47 U.S.C. Section 546. It is the proposal submitted by a franchisee under 47 U.S.C. Section 546(b), and not the request for commencement of the renewal proceedings submitted under 47 U.S.C. Section 546(a), that must contain the information required under FMC 11.04.050.
B. 
If neither a franchisee nor the city activates in a timely manner, or can activate the renewal process set forth in 47 U.S.C. Section 546(a) – (g) (including, for example, if the provisions are repealed), and except as to applications submitted pursuant to 47 U.S.C. Section 546(h), the provisions of FMC 11.04.060 shall apply and a renewal request shall be evaluated using the same criteria as any other request for a franchise.
C. 
The city may by resolution adopt procedures for conducting any proceedings required under federal law, including, without limitation, procedures for presentation of evidence, and may also by resolution specify the person or entity that will conduct any administrative hearing that may be required by federal law, should the city council decide that it does not wish to conduct the proceeding itself. In any case, however, the final decision to deny or grant renewal shall remain with the city council.
(Ord. 1402 § 1(11.04.4.4), 2001)
Notwithstanding the above, a cable operator may submit a proposal for renewal of a franchise pursuant to 47 U.S.C. Section 546(h). Such a proposal may be submitted at any time and the city may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal at any time (including after proceedings have been commenced in accordance with 47 U.S.C. Section 546(a)). An application may be denied for any reason.
(Ord. 1402 § 1(11.04.4.5), 2001)
A. 
An application for modification of a franchise shall include, at minimum, the following information:
1. 
The specific modification requested;
2. 
The justification for the requested modification, including the impact of the requested modification on subscribers and others, and the financial impact on the applicant if the modification is approved or disapproved, demonstrated through, among other things, submission of pro forma financial statements;
3. 
A statement indicating whether the modification is sought pursuant to Section 625 of the Cable Act, 47 U.S.C. Section 545, and, if so, a demonstration that the requested modification meets the standards set forth in 47 U.S.C. Section 545;
4. 
Any other information that the applicant believes is necessary for the city to make an informed determination on the application for modification; and
5. 
An affidavit or declaration of the applicant or applicant's authorized officer certifying the truth and accuracy of the information in the application, and certifying that the application is consistent with the requirements of applicable law.
B. 
A request for modification submitted pursuant to 47 U.S.C. Section 545 shall be considered in accordance with the requirements of that section.
(Ord. 1402 § 1(11.04.4.6), 2001)
An applicant shall be notified of any public hearings held in connection with the evaluation of its application and shall be given a reasonable opportunity to be heard. In addition, prior to the issuance of a franchise, the city shall provide for the holding of a public hearing within the proposed franchise area, following notice to the public, at which each applicant and its application shall be examined and the public and all interested parties afforded a reasonable opportunity to be heard.
(Ord. 1402 § 1(11.04.4.7), 2001)