§ 118-74. Franchise application.

(a)

Request for proposals. Prior to inviting any applications for an initial Franchise, the Cable Coordinator shall prepare a "request for proposals" that shall contain, but need not be limited to, the following:

(1)

A description of the Cable System and services desired by the Board, including any System specifications established by the Board.

(2)

A statement specifying the form that all applications shall follow.

(3)

A statement indicating the amount of the application fee (if any) to be submitted with the application, and the manner in which such fee is to be submitted.

(4)

A statement that all applications must contain the information required by the request for proposals.

(5)

The closing date for the submission of applications.

(6)

The name, address, and telephone number of the County official(s) who may be contacted for further information.

(b)

Invitations to apply. The Board may invite applications for a Franchise by means of a public Notice advertising the availability of its request for proposals, which shall contain, but need not be limited to:

(1)

A description of the Franchise Area which is sought.

(2)

A statement that a formal request for proposals is available to prospective applicants from a County official whose name, address, and telephone number are specified.

(3)

A statement that applications for the Franchise must be submitted in writing in the form and manner specified in the request for proposals no later than a Day certain.

(4)

A statement that all applications will be made available for public inspection during normal business hours at a specified location.

(c)

Application process.

(1)

The application for an initial franchise shall be submitted to the cable coordinator in such form as may be prescribed from time to time by the Board. The cable coordinator may request additional facts, information and services which the cable coordinator deems appropriate and the applicant shall promptly supply same. The Board shall adopt by resolution procedures for the review of applications for a franchise.

(2)

An application for a franchise shall be considered by the Board in its legislative capacity. The Board may grant or deny the application in its sole discretion, with any conditions the Board deems necessary for the protection of the public health, safety and welfare. In reviewing the application, the Board shall consider the following and any other additional matters the Board, in its legislative capacity, deems appropriate to protect the public health, safety and welfare:

a.

The economic impact upon private property within the franchise area;

b.

The public need for such franchise;

c.

The capacity of public ways to accommodate the cable system;

d.

The present and future use of the public ways to be used by the cable system;

e.

The potential disruption to existing users of the public ways to be used by the cable system and the resultant inconvenience which may occur to the public;

f.

The financial ability of the franchise applicant to perform;

g.

Other societal interests as are generally considered in issuing cable system franchises.

(3)

The application form developed by the cable coordinator shall require the following information:

a.

Name, address and form of business of the applicant. If the applicant is a corporation, the names of its officers and directors, as well as any parent or subsidiary companies.

b.

A listing of all cable systems in which the applicant has a substantial interest, the location of the cable system, the number of households served, and the name and address of the local franchising authority.

c.

A detailed and complete financial statement prepared by a certified public accountant for the fiscal year immediately preceding the date of the application, or a letter in writing from a responsible lending institution which sets forth a clear statement of its intent to provide capital required by the applicant to construct and operate the proposed system.

d.

A detailed map indicating the initial franchise area; a build-out schedule for the installation of all equipment necessary to become operational throughout the initial franchise area; and a map indicating future proposed expansions of the initial franchise area.

e.

Presentation of any existing or proposed contracts with any public utilities providing for the use of various facilities of the other utility companies to provide said cable service.

f.

Any supplementary material which the franchisee considers would be useful in deliberations by the Board.

(Ord. No. 2006-026, § 6, 4-12-2006)