§ 5.36.220. Franchise applications.  


Latest version.
  • All applicants for a new franchise, a franchise renewal or a franchise transfer shall submit a written application to the City. All applicants shall be expected to offer to subscribers a modern, efficient, cost-effective system that will facilitate quality maintenance, deliver a variety of programming and services, and provide the flexibility needed to adjust to changing technology and new developments in the industry. Applicants are encouraged to formulate their proposals in an innovative fashion, so as to meet the informational requirements of the City and the service needs of subscribers. Proposals shall contain sufficient material to enable the City Council to make fully informed judgments concerning the adequacy of the proposal and the applicant's qualifications to construct, operate and maintain a cable system in the City. All applicants shall, at a minimum, provide the following information unless waived by the City Manager:

    (1)

    The identity of the franchise applicant, including all affiliates of the applicant.

    (2)

    A description of the cable services that are or will be offered or provided by the franchise applicant over its existing or proposed facilities.

    (3)

    A description of the transmission medium that will be used by the Cable Operator to offer or provide such cable services.

    (4)

    Preliminary engineering plans, specifications and a network map of the facilities to be located within the City, all in sufficient detail to identify:

    (a)

    The location and route requested for applicant's proposed cable facilities.

    (b)

    The location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities in the public way along the proposed route.

    (c)

    The location(s), if any, for interconnection with the cable facilities of other cable carriers.

    (d)

    The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate.

    (5)

    If applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its cable facilities on existing utility poles along the proposed route.

    (6)

    If applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify:

    (a)

    the excess capacity currently available in such ducts or conduits before installation of applicant's cable facilities;

    (b)

    the excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's cable facilities.

    (7)

    A preliminary construction schedule and completion dates.

    (8)

    Financial statements prepared in accordance with generally accepted accounting principles by a certified public accountant or other accountant satisfactory to the City demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the facilities. If in the normal course of its business, the applicant does not prepare a separate financial statement for the franchised system, the applicant may submit a combined financial statement for the local region, which statement shall include the franchised system.

    (9)

    Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the cable facilities and services described in the application.

    (10)

    Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the cable services.

    (11)

    A detailed description of all telecommunications services that the applicant intends to provide and sufficient information to determine whether such services are subject to franchising.

    (12)

    An accurate map showing the location of any existing cables facilities in the City that applicant intends to use or lease.

    (13)

    A description of the services or facilities that the applicant will offer or make available to the City and other public, educational and governmental institutions.

    (14)

    A description of applicant's access and line extension policies.

    (15)

    The area or areas of the City the applicant desires to serve and a schedule for build-out to the entire franchise area.

    (16)

    The number of activated, programmed channels that the applicant intends to provide to together with the programming that the applicant intends to provide.

    (17)

    All fees, deposits or charges required pursuant to Sections 5.36.160, 5.36.225 and the City's Planning and Building Departments.

    (18)

    Such other and further information as may be requested by the City Manager.

    If a franchise is granted to a person, firm or corporation posing as a front or as the representative of another person, firm or corporation, and such information is not disclosed in the original application, such franchise shall be deemed void and of no force and effect whatsoever.

(Ord. No. 820, § 1, 3-19-02)