§ 10-6. Franchisee application process.

(a)

Any request for an initial franchise must be submitted on an application in such form as may be prescribed by the city. The application must be submitted by a non-refundable application fee in the amount established by the city.

(b)

The application shall include information as the city may deem necessary to evaluate the legal, financial, technical, and other qualifications of the applicant to provide cable service in the city.

(c)

Any untrue or misleading statement of material fact or omission of a material fact shall be grounds for rejection of an application

(d)

In determining whether a franchise shall be issued, the city shall take into consideration the criteria set forth below, together with such other factors as the city may deem relevant:

(1)

Capacity of the rights-of-way to accommodate equipment and fixtures.

(2)

Benefits that may accrue to subscribers as a result of competition such as lower rates and improved service.

(3)

The aesthetic effect of the installation of further above-ground fixtures.

(4)

The demonstrated legal, financial, technical and business capability of the applicant to erect, maintain and operate the proposed system for the duration of the franchise term.

(5)

Level of service and frequency of complaints in other communities served by the applicant.

(6)

The proposed system design including channel capacity and ability to provide a broad range of services in conformity with the highest quality of standards of the cable industry.

(7)

The applicant will satisfy the city's local regulatory requirements and the community's cable interests and needs.

(e)

The franchise shall be granted or denied only after the council has held a public hearing on such request after due notice of the time and place of such hearing has been given to the applicant and the public.

(f)

The city may require any new grantee to be responsible for underground trenching and costs associated therewith if, in the city's sole discretion, the right-of-way in a particular area cannot accommodate above-ground facilities.

(g)

The applicant shall be responsible for all costs incurred by the city in connection with the proposed franchise, including, without limitation, the technical, legal, and financial evaluation, administrative review, and document preparation.

(Ord. No. 80-512, § 1, 6-24-97)