6.17.030 Application for franchise.
A. Anyone desiring to secure a franchise to provide cable television service within the city is required to file with the city attorney an “application for franchise.” Such application must be in conformance with instructions promulgated by the city and in a form specified and published by the city. Such application shall include a statement of the applicant’s financial qualifications and technical qualifications, meeting all FCC requirements. Incorporated into its application shall be a statement on the ownership of applicant, including the names and addresses of all persons, partnerships or corporations having a one percent share or more of the stock or interests of applicant. There shall also be included a statement of the ownership interest of applicant or its shareholders of any news media, including newspapers and radio or television stations. There shall be stated a “general plan for CATV construction and service” which shall show where and in what order the applicant proposes to construct facilities and provide service and which shall provide timetables for such construction and service. There shall also be included a sworn statement that upon approval of the application and issuance of a franchise by the city council, applicant agrees to and will comply with all provisions of the franchise and this chapter, and any other lawful directives of the city council; and applicant further agrees to provide all information which may be requested by the council committee or city council in connection with its application.
B. Each application for a franchise under this chapter shall be accompanied by a fee of $5,000. Said fee shall be used in processing and considering such applications under this chapter and shall be nonrefundable. In addition, it is provided that if the total receipts from such application fees are less than the costs of processing all such applications, payment of the balance of such cost by the successful applicant shall be a condition of award of franchise to it, provided such payment by the successful applicant shall not exceed $20,000.
C. Upon receipt of an “application for franchise,” the city attorney shall transmit the same together with such “general plan” and other materials filed by the applicant to the finance committee of the city council. The finance committee shall give full consideration to such application and shall in due course report to the city council its findings and recommendation that the requested franchise either be granted or denied. In the course of its investigation, it shall seek to determine whether the applicant can and will conform to this chapter, and it shall conduct at least one advertised public hearing. In making its recommendation to the city council, the council committee shall consider, and the full council shall consider in passing upon a franchise application, the following factors and such other factors as may seem relevant:
1. The financial qualifications and capacity of the applicant, and evidence of its commitment to using such financial capacity to provide good local service;
2. The technical, legal, character and financial qualifications of applicant, as may be shown by its operations in other cities or by other means, and evidence of a commitment to use such capacity to provide good local service;
3. Whether the applicant offers something new and of value to the community;
4. The apparent capacity or incapacity of the applicant to conform to the terms of this chapter;
5. The adequacy of its proposed general plan.
D. The council committee shall be authorized to appoint an ad hoc citizens cable TV committee to assist it in its analysis of such applications. [Ord. 8999 § 3, 1981].