A. 
Application requirement. A written application shall be filed with the Town for grant of an initial franchise; renewal of a franchise under 47 U.S.C. § 546(a) to (g); or modification of a franchise agreement pursuant to this chapter or a franchise agreement. An applicant shall demonstrate in its application compliance with all requirements of this chapter, any existing franchise agreement held by the applicant and all applicable laws.
B. 
Acceptability for filing. To be acceptable for filing, a signed original of the application shall be submitted together with 12 copies. The Town Manager may, in combination with neighboring communities, establish a joint application procedure, provided that any such procedure conforms to the standards of this chapter. The application must be accompanied by the required application filing fee as set forth in § 46-17, conform to any applicable request for proposals, and contain all required information. All applications shall include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application.
C. 
Applications available for public inspection. All applications accepted for filing shall be made available by the Town for public inspection in the office of the Town Clerk during normal business hours. Upon receipt of an application, the Town Clerk shall provide prompt public notice that the application or proposal is available for public inspection at the municipal offices during regular business hours for a period of at least three weeks.
D. 
Town may waive. The Town Council may waive any of the provisions of this Article III by resolution, where application of the rule would cause manifest injustice, except for those provisions required by state or federal law. Any waiver granted shall explain the basis for the waiver and shall not unduly discriminate against any applicant.
A. 
Application. A person may apply for an initial franchise by submitting an application containing the information required in § 46-15 and requesting an evaluation of that application pursuant to Subsection B of this section. Prior to evaluating that application, the Town shall conduct such reasonable investigations as are necessary to determine whether the application satisfies the standards set forth in Subsection B of this section and may seek additional applications.
B. 
Factors in evaluating application for franchise or renewal of existing franchise. In evaluating an application for a franchise, the Town shall consider, among other things, 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 Town.
(2) 
Whether the quality of the applicant's service under an existing franchise in the Town, 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 provide cable service.
(4) 
Whether the application satisfies any minimum requirements established by the Town and 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 D(4), the applicant will provide adequate public, education, and governmental access channel capacity, facilities, or financial support, consistent with community needs and interests.
(6) 
Whether issuance of a franchise is warranted 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; the effect of granting a franchise on the ability of the applicant and its proposed facilities to meet the cable-related needs and interests of the community.
(7) 
Whether the applicant or an affiliate of the applicant owns or controls any other cable system in the Town or whether grant of the application may eliminate or reduce competition in the delivery of cable service in the Town.
C. 
Town determination. If the Town finds that it is in the public interest to issue a franchise after considering the factors set forth above, and subject to the applicant's entry into an appropriate franchise agreement, it shall issue a franchise. If the Town denies a franchise, it will issue within 30 days a written decision explaining why the franchise was denied. Prior to deciding whether or not to issue a franchise, the Town may hold one or more public hearings or implement other procedures under which comments from the public on an applicant may be received. The Town also may grant or deny a request for a franchise based on its review of an application without further proceedings and may reject any application that is incomplete. This chapter is not intended and shall not be interpreted to grant any applicant or existing grantee standing to challenge the issuance of a franchise to another, except as provided by applicable state or federal laws or regulations.
D. 
Joint review. The Town may elect to delegate review of an application to a consortium of local governments or a formally constituted interlocal body of which the Town is a member. Any such entity shall review the application in accordance with the standards of Subsection B of this section and make a recommendation to the Town. In such a case, the Town Council shall review the recommendation of the designated body and approve or reject it in accordance with the terms of Subsection C of this section.
Applications for renewal under the Cable Act shall be received and reviewed in a manner consistent with Section 626 of the Cable Act, 427 U.S.C. § 546. If neither a grantee nor the Town activates in a timely manner or can activate the renewal process set forth in 47 U.S.C. § 546 (a) through (g) (including, for example, if the provisions are repealed), and except as to applications submitted pursuant to 47 U.S.C. § 546(h), the provisions of § 46-13 shall apply and a renewal request shall be treated the same as any other request for a franchise. The following requirements shall apply to renewal requests properly submitted pursuant to the Cable Act:
A. 
Issuance of RFP. If the provisions of 47 U.S.C. § 546(a) through (g) are properly invoked, the Town may issue an RFP after conducting a proceeding to review the applicant's past performance and to identify future cable-related community needs and interests. The Town Administrator, or the Administrator's designee, shall establish deadlines and procedures for responding to the RFP, may seek additional information from the applicant, and shall establish deadlines for the submission of that additional information.
(1) 
Following receipt of the application responding to that RFP (and such additional information as may be provided in response to requests), the Town will determine that the franchise should be renewed or make a preliminary assessment that the franchise should not be renewed. That determination shall be in accordance with the time limits established by the Cable Act. The preliminary determination shall be made by order.
(2) 
If the Town determines that the franchise should not be renewed and the applicant that submitted the renewal application notifies the Town, either in its RFP response or within 10 working days of the preliminary assessment, that it wishes to pursue any rights to any administrative proceeding it has under the Cable Act, then the Town shall commence an administrative proceeding after providing prompt public notice thereof, in accordance with the Cable Act.
(3) 
If the Town decides preliminarily to grant renewal, it shall prepare a final franchise agreement that incorporates, as appropriate, the commitments made by the applicant in the renewal application. If the applicant accepts the franchise agreement, and the final agreement is ratified by the Town, the franchise shall be renewed. If the franchise agreement is not so accepted and ratified within the time limits established by 47 U.S.C. § 546(c)(1), renewal shall be deemed preliminarily denied and an administrative proceeding commenced if the applicant that submitted the renewal application requests it within 10 days of the expiration of the time limit established by 47 U.S.C. § 546(c)(1).
B. 
Administrative hearing. If an administrative hearing is commenced pursuant to 47 U.S.C. § 546(c), the applicant's renewal application shall be evaluated considering such matters as may be considered consistent with federal law. The following procedures shall apply:
(1) 
The Town Council shall, by order, appoint an administrative hearing officer or officers (referred to hereafter as "hearing officer"). The Town Council may appoint itself as hearing officer.
(2) 
The hearing officer shall establish a schedule for proceeding which allows for documentary discovery and interrogatory responses, production of evidence, and cross-examination of witnesses. Depositions shall not be permitted unless the party requesting the deposition shows that documentary discovery and interrogatory responses will not provide it an adequate opportunity to require the production of evidence necessary to present its case. The hearing officer shall have the authority to require the production of evidence as the interests of justice may require, including to require the production of evidence by the applicant that submitted the renewal application and any entity that owns or controls or is owned or controlled by such applicant directly or indirectly. The hearing officer may issue protective orders to the extent permitted under applicable state law. Any order may be enforced by a court of competent jurisdiction or by imposing appropriate sanctions in the administrative hearing.
(3) 
The hearing officer may conduct a prehearing conference and establish appropriate prehearing procedures. Intervention by non-parties is not authorized except to the extent permitted by the Cable Act.
(4) 
The hearing officer may require the Town and the applicant to submit prepared testimony prior to the hearing. Unless the parties agree otherwise, the applicant shall present evidence first and the Town shall present evidence second.
(5) 
Any reports or the transcript or summary of any proceedings conducted pursuant to 47 U.S.C. § 546(a) shall for purposes of the administrative hearing be regarded no differently than any other evidence. The Town and the applicant must be afforded full procedural protection regarding evidence related to these proceedings, including the rights to refute any evidence introduced in those proceedings or sought to be introduced by the other party. Both shall have the opportunity to submit additional evidence related to issues raised in the proceeding conducted pursuant to 47 U.S.C. § 546(a).
(6) 
Following completion of any hearing, the hearing officer shall require the parties to submit proposed findings of fact with respect to the matters that the Town is entitled to consider in determining whether renewal should be granted. Based on the record of the hearing, the hearing officer shall then prepare written findings with respect to those matters and submit those findings to the Town Council and to the parties (unless the hearing officer is the Town Council, in which case the written findings shall constitute the final decision of the Town).
(7) 
If the hearing officer is not the Town Council, the parties shall have 30 days from the date the findings are submitted to the Town Council to file exceptions to those findings. The Town Council shall thereafter issue a written decision granting or denying the application for renewal, consistent with the requirements of the Cable Act and based on the record of such proceedings. A copy of that decision of the Town Council shall be provided to the applicant.
(8) 
The proceeding shall be conducted with due speed.
(9) 
In conducting the proceedings, and except as inconsistent with the foregoing, the hearing officer will follow the Maine Administrative Procedure Act[1] or the successor statutes thereto unless otherwise governed by federal law or regulations. The hearing officer may request that the Town Council adopt additional procedures and requirements as necessary in the interest of justice.
[1]
Editor's Note: See 5 M.R.S.A. § 8001 et seq.
C. 
Informal renewal applications. This section does not prohibit any grantee from submitting an informal renewal application pursuant to 47 U.S.C. § 546(h), which application may be granted or denied in accordance with the provisions of 47 U.S.C. § 546(h).
D. 
Consistency with Cable Act. The provisions of this chapter shall be read and applied so that they are consistent with Section 626 of the Cable Act, 47 U.S.C. § 546.
If issued by the Town, an RFP for the grant of a renewal franchise under 47 U.S.C. § 546(c) shall require, and any application for an initial or renewal franchise [other than an application submitted pursuant to 47 U.S.C. § 546(h)] shall contain, at a minimum, the following information:
A. 
Identification of applicant and its ownership and control. Name and address of the applicant and identification of the ownership and control of the applicant, including the names and addresses of the 10 largest holders of an ownership interest in the applicant and controlling affiliates of the applicant and all persons with five-percent or more ownership interest in the applicant and its affiliates; the persons who control the applicant and its affiliates; all officers and directors of the applicant and its affiliates; and any other business affiliation and cable system ownership interest of each named person.
B. 
Statement of applicant's technical ability. A demonstration of the applicant's technical ability to construct and/or operate the proposed cable system, including identification of key personnel.
C. 
Statement of applicant's legal qualifications. A demonstration of the applicant's legal qualifications to construct and/or operate the proposed cable system, including but not limited to a demonstration that the applicant meets the following criteria:
(1) 
The applicant must not have submitted an application for an initial or renewal franchise to the Town which was denied on the ground that the applicant failed to propose a system meeting the cable-related needs and interests of the community, or as to which any challenges to such licensing decision were finally resolved adversely to the applicant, within one year preceding the submission of the application.
(2) 
The applicant must not have had any cable television franchise validly revoked by any licensing authority within three years preceding the submission of the application.
(3) 
The applicant must have the necessary authority under Maine law to operate a cable system within Maine.
(4) 
The applicant shall not be issued a franchise if it may not hold the franchise as a matter of federal law. An applicant must have or show that it is qualified to obtain any necessary federal approvals or waivers required to operate the system proposed.
(5) 
The applicant shall not be issued a franchise if, at any time during the 10 years preceding the submission of the application, the application was convicted of any act or omission of such character that the applicant cannot be relied upon to deal truthfully with the Town and subscribers of the cable system or to comply substantially with its lawful obligations under applicable law, including obligations under consumer protection laws and laws prohibiting anticompetitive acts, fraud, racketeering, or other similar conduct.
(6) 
The applicant shall not be issued a franchise if it files materially misleading information in its application or intentionally withholds information that the applicant lawfully is required to provide.
(7) 
The applicant shall not be issued a franchise if an elected official of the Town holds a controlling interest in the applicant or an affiliate of the applicant. Notwithstanding the foregoing, the Town shall provide an opportunity to an applicant to show that it would be inappropriate to deny it a franchise under Subsection C(2) or (5) by virtue of the particular circumstances surrounding the matter and the steps taken by the applicant to cure all harms flowing therefrom and prevent their recurrence, the lack of involvement of the applicant's principals, or the remoteness of the matter from the operation of cable television systems.
D. 
Statement of applicant's financial qualifications. A statement prepared by a certified public accountant regarding the applicant's financial ability to complete the construction and operation of the cable system proposed.
E. 
Description of prior experience. A description of the applicant's prior experience in the cable system ownership, construction, and operation and identification of communities in which the applicant or any of its principals have, or have had, a cable franchise or license or any interest therein, provided that an applicant that holds a franchise for the Town and is seeking renewal of that franchise need only provide this information for other communities where its franchise was scheduled to expire in the two calendar years prior to and after its application was submitted.
F. 
Identification of area to be served. Identification of the area of the Town to be served by the proposed cable system, including a description of the proposed franchise area's boundaries. All grantees shall be bound and required to serve the same areas within the Town.
G. 
Description of physical facilities. A detailed description of the physical facilities proposed, including channel capacity, technical design, performance characteristics, head end, and access facilities.
H. 
Description of construction of proposed system. Where applicable, a description of the construction of the proposed system, including an estimate of plant mileage and its location, the proposed construction schedule, a description, where appropriate, of how services will be converted from existing facilities to new facilities, and information on the availability of space in conduits, including, where appropriate, an estimate of the cost of any necessary rearrangement of existing facilities.
I. 
Proposed rate structure. The proposed rate structure, including projected charges for each service tier, installation, converters, and other equipment or services.
J. 
Demonstration of how future community needs and interests will be met. A demonstration of how the applicant will reasonably meet the future cable-related needs and interests of the community, including descriptions of how the applicant will meet the needs described in any recent community needs assessment conducted by or for the Town and how the applicant will provide adequate public, educational, and governmental access channel capacity, facilities, or financial support to meet the community's needs and interests. The Town Manager may, in coordination with neighboring communities, establish procedures for conducting a joint needs assessment.
K. 
Pro forma financial projections. 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.
L. 
Identification of area of overbuild. If the applicant proposes to provide cable service to an area already served by an existing cable grantee, the identification of the area where the overbuild would occur, the potential subscriber density in the area that would encompass the overbuild, the ability of the public rights-of-way and other property that would be used by the applicant to accommodate an additional system, and assurances that any existing facilities will not be disturbed by the proposed overbuild, except as necessary for make ready work.
M. 
Other information. Any other information as may be reasonably necessary to demonstrate compliance with the requirements of this chapter.
N. 
Information requested by Town. Information that the Town may reasonably request of the applicant that is relevant to the Town's consideration of the application.
O. 
Certification of accuracy. An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments, and certifying that the application meets all federal and state law requirements, in a format approved by the Town.
An application for modification of a franchise agreement shall include, at a minimum, the following information:
A. 
The specific modification requested;
B. 
The justification for the requested modification, including the impact of the requested modification on subscribers and the financial impact on the applicant if the modification is approved or disapproved, demonstrated through, inter alia, submission of financial pro formas;
C. 
A statement whether the modification is sought pursuant to Section 625 of the Cable Act, 47 U.S.C. § 545, and, if so, a demonstration that the requested modification meets the standards set forth in 47 U.S.C. § 545;
D. 
Any other information that the applicant believes is necessary for the Town to make an informed determination on the application for modification; and
E. 
An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application and certifying that the application is consistent with all federal and state law requirements.
A. 
To be acceptable for filing, an application submitted after the effective date of this chapter shall be accompanied by a filing fee in the following amount to cover costs incidental to the awarding or enforcement of the franchise, as appropriate:
(1) 
For an initial franchise: $500.
(2) 
For renewal of a franchise: $500.
(3) 
For modification of a franchise agreement: $500.
B. 
The Town may also elect to share the costs of reviewing an application with other communities served by the system of which an existing or proposed cable system in the Town is a part. In that case, the filing fees shown above shall not apply and shall be replaced with combined filing fees for all communities with whom the Town is sharing expenses. The combined filing fees shall be $500 per Town for an initial grant, a modification, or a renewal. Combined filing fees shall be prorated among the participating communities on the basis of a number of residents in each community as of the most recent United States Census or allocated according to some other mutually agreeable method. Application fees for franchise renewals may be increased as necessary to recover the Town's additional cost of conducting any hearings required under 47 U.S.C. § 546(a) through (g), if the grantee has invoked that procedure in its renewal application.
An applicant shall be notified in writing at least 10 calendar days in advance of any public hearings held in connection with the evaluation of its application and shall be given an opportunity to be heard. In addition, prior to the issuance of a franchise, the Town shall provide for the holding of a public hearing within the proposed franchise area, following reasonable notice to the public, at which every applicant and its applications shall be examined and the public and all interested parties afforded a reasonable opportunity to be heard. Reasonable notice to the public shall include causing notice of the time and place of such hearing to be published in a newspaper of general circulation in the proposed franchise area once a week for two consecutive weeks. The first publication shall be not less than 14 days before the day of the hearing. Nothing herein shall be deemed to prevent or limit communities in which the applicant has requested grant or renewal of a franchise from holding joint public hearings in a location reasonably accessible to residents of each community which is the subject thereof.