Chapter 4.14
APPLICATION FOR FRANCHISE
Sections:
4.14.015 Proprietary Information.
4.14.020 Contents of Application.
4.14.025 Franchise Processing Fee.
4.14.040 Deposit of Publication and Notice Costs.
4.14.050 Public Hearing—Scheduling Prerequisites.
4.14.100 Posting and Publication Costs.
4.14.010 Filing.
Any person desiring a franchise for a cable television system shall file an original application and eleven copies with the department. (Ord. 89-28, 1/23/90)
4.14.015 Proprietary Information.
To the extent permitted by law, proprietary information may be kept confidential, if appropriately identified. In the event an applicant believes that the information it must submit in its application should be treated confidentially by the City, it must so advise the department by letter prior to or with its application. If it is determined by the City that such information is not confidential, the applicant will be so notified and the information will be returned to the applicant at applicant’s request. (Ord. 89-28, 1/23/90)
4.14.020 Contents of Application.
An application for a franchise for a cable television system shall be in the form as approved by the Director and which will include information regarding the designation of the specific area to be served by the franchise, identification of the applicant, financial information, financing plan for the operation, construction schedule, proposed charges to subscribers, proposed system configuration, forecast number of homes in service area, describe technical standards of the system, whether applicant is acquiring other cable systems, ability of applicant to meet consumer needs, and other information required by the City. (Ord. 89-28, 1/23/90)
4.14.025 Franchise Processing Fee.
A. Upon submission of an application, the applicant/franchisee shall pay to the Revenue Collector a nonrefundable franchise processing fee as follows:
1. Initial grant of franchise or renewal of existing franchise:
a. Franchise area containing less than 1,000 homes: $1,000.00*;
b. Franchise area containing 1,000 to 5,000 homes: $2,500.00;
c. Franchise area containing 5,001 to 10,000 homes: $5,000.00;
d. Franchise area containing 10,001 or more homes: $7,500.00, plus $1.00 for each home over 10,000.
*If the franchise area contains fewer than 100 homes franchise may receive credit for all or a portion of the processing fee. Said credit shall be applied to franchise fee payments required by Section 4.16.010. Granting the credit shall be at the sole discretion of the council and shall be based upon economic or technological considerations specific to the franchise area.
2. Consent to sale, transfer, transfer of stock, assignment, lease, hypothecation or trust of franchise, not requiring modification of the franchise by adoption of an amending ordinance: $1,000.00.
3. Modification of franchise requested by franchisee requiring the adoption of an amending ordinance: $2,500.00.
4. Consent to sale, transfer, transfer of stock, assignment or lease, or any other action requiring modification of franchise by adoption of an amending ordinance, $2,500.00.
5. Modification of franchise resulting from noncompliance with one or more provisions of the franchise which requires the adoption of an amending ordinance: $2,500.00.
B. Applicant may be required to pay any additional costs incurred by City in the processing of applicant’s request for franchise, renewal, modification, consent to sale, transfer, transfer of stock, assignment, lease, hypothecation or trust of franchise. Such costs may include the costs incurred for hiring consultants to assist in evaluating the application. Such costs shall be paid by the applicant prior to final consideration of the request by the Director or the Council, as applicable. (Ord. 89-28, 1/23/90)
4.14.040 Deposit of Publication and Notice Costs.
Upon receipt of an application for franchise, the City Clerk shall estimate the cost of publication and posting of the notice of hearing, as provided herein, and shall notify the applicant of the amount thereof. No further action will be taken on the application until the estimated cost of publication and posting has been deposited by the applicant. (Ord. 89-28, 1/23/90)
4.14.050 Public Hearing—Scheduling Prerequisites.
Upon receipt of the required deposit, the Clerk shall set the application for a public hearing before the City Council. Notwithstanding the foregoing, no application for franchise shall be set for hearing unless it contains the information required by Section 4.14.020. (Ord. 89-28, 1/23/90)
4.14.100 Posting and Publication Costs.
If the cost of publication and posting of notice of hearing exceeds the amount deposited by the applicant, the City shall bill applicant for the deficiency. The applicant shall pay the whole of such bill within 30 days after receipt thereof. If the amount of the deposit exceeds the cost of publication and posting the City shall refund the difference to the applicant. (Ord. 89-28, 1/23/90)