Chapter 5.16
CABLE TELEVISION FRANCHISE APPLICATION
Sections:
5.16.020 Description of proposed plan of operation.
5.16.030 Other details, statements, information or references requested.
5.16.050 Advertisement by city for applications.
5.16.060 Action upon receipt of application.
5.16.070 Determination—Elements considered.
5.16.080 Determination—Resolution of intention to consider granting—Filing written protests.
5.16.090 Hearing—Final determination.
5.16.100 Denial or acceptance procedures.
5.16.010 Contents required.
Each application for a franchise to construct, operate, or maintain any cable television systems in this city shall be filed with the City Recorder and shall contain or be accompanied by the following:
(1) The name, address and telephone number of the applicant.
(2) A detailed statement of the corporate or other business entity organization of the applicant, including but not limited to, the following and to whatever extent required by the city:
(a) The names, residence and business addresses of all officers, directors and associates of the applicant;
(b) The names, residences and business addresses of all officers, persons and entities having, controlling or being entitled to have or control of five percent or more of the ownership of the applicant and the respective ownership share of each such person or entity;
(c) The names and addresses of any parent or subsidiary of the applicant, namely any other business entity owning or controlling applicant in whole or in part or owned or controlled in whole or in part by the applicant and a statement describing the nature of any such parent or subsidiary business entity, including but not limited to cable television systems owned or controlled by the applicant, its parent and subsidiary and the areas served thereby;
(d) A detailed description of all previous experience of the applicant in providing cable television system service and in related or similar fields;
(e) A detailed and complete financial statement of the applicant, prepared by a certified public accountant, for the fiscal year next preceding the date of the applicant under this Chapter, or a letter or other acceptable evidence in writing from a recognized lending institution or funding source, addressed to both the applicant and the council, setting forth the basis for a study performed by such lending institution or funding source, and a clear statement of its intent as a lending institution or funding source to provide whatever capital shall be required by the applicant to construct and operate the proposed system in the city, or a statement from a certified public accountant, certifying that the applicant has available sufficient free, net and uncommitted cash resources to construct and operate the proposed system in this city;
(f) A statement identifying, by place and date, any other cable television franchise(s) awarded to the applicant, its parent or subsidiary; the status of said franchise(s) with respect to completion thereof; the total cost of completion of such system(s); and the amount of applicant’s and its parent’s or subsidiary’s resources committed to the completion thereof.
Statutory Reference: ORS 221.410
History: Ord. 952 §1(A), 1979.
5.16.020 Description of proposed plan of operation.
A detailed description of the proposed plan of operation of the applicant which shall include, but not be limited to, the following:
(1) A detailed map indicating all areas proposed to be served, and a proposed time schedule for the installation of all equipment necessary to become operational throughout the entire area to be served.
(2) A statement or schedule setting forth all proposed classifications of rates and charges to be made against subscribers and all rates and charges as to each of said classifications, including installation charges and service charges.
(3) A detailed, informative and referenced statement describing the actual equipment and operational standards proposed by the applicant; in no event shall said operational and performance standards be less than those contained in Title 47, Subpart K (Sections 76.601 et seq.), Rules and Regulations, Federal Communications Commission, adopted February 2, 1972, and as amended.
(4) A copy of the form of any agreement, undertaking, or other instrument proposed to be entered into between the applicant and any subscriber.
(5) A detailed statement setting forth in its entirety any and all agreements and undertakings, whether formal or informal, written, oral or implied, existing or proposed to exist between the applicant and any person, firm or corporation which materially relate or pertain to or depend upon the application and the granting of the franchise.
Statutory Reference: ORS 221.410
History: Ord. 952 §1(B), 1979.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
5.16.030 Other details, statements, information or references requested.
Any other details, statements, information or references pertinent to the subject matter of such applicant which shall be required or requested by the council, or by any provision of any other ordinance of the city (and of its Charter).
Statutory Reference: ORS 221.410
History: Ord. 952 §1(C), 1979.
5.16.040 Fee.
An application fee in the sum of two hundred fifty dollars ($250), which shall be in the form of cash, certified or cashier’s check, or money order, to pay the costs of studying, investigating and otherwise processing such application, and which shall be in consideration thereof and not returnable or refundable in whole or in part, except to the extent that such fee exceeds the actual costs incurred by the city in studying, investigation and otherwise processing the application; provided, that the applicant who delivers to the City Recorder a written withdrawal of or cancellation of any application under this Chapter, not later than the seventh (7th) day next following the day such application is received by the City Recorder, shall be entitled to have returned and refunded the sum of one hundred fifty dollars ($150) less any actual costs or expenses incurred by the city by reason of such application.
Statutory Reference: ORS 221.410
History: Ord. 952 §1(D), 1979.
5.16.050 Advertisement by city for applications.
(1) The council may, by advertisement or any other means, solicit and call for applications for cable television systems franchises, and may determine and fix any date upon or after which the same shall be received by the city, or the date before which the same must be received or the date after which the same shall not be received, and may make any other determinations and specify any other times, terms, conditions or limitations respecting the soliciting, calling for, making and receiving of such applications.
(2) The grantee shall pay to the city a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of a franchise pursuant to the provisions of this Chapter. Such payment shall be made within thirty (30) days after the city furnishes the grantee with a written statement of such expenses.
Statutory Reference: ORS 221.410
History: Ord. 952 §1(E), 1979.
5.16.060 Action upon receipt of application.
Upon receipt of any application for franchise, the council shall refer the same to the City Administrator, who shall prepare a report and make his recommendations respecting such application and cause the same to be completed and filed with the council within thirty (30) days.
Statutory Reference: ORS 221.410
History: Ord. 952 §1(F), 1979.
5.16.070 Determination—Elements considered.
(1) In making any determination under this Chapter as to any application the council may give due consideration to the quality of the service proposed, rates to subscriber, income to the city, experience, character, background and financial responsibility of any applicant and its management and owners, technical and performance quality of equipment, willingness and ability to meet construction and physical requirements and to abide by policy conditions, franchise limitations and requirements and any other considerations deemed pertinent by the council for safeguarding the interests of the city and the public. The council, in its discretion, shall determine the award of any franchise on the basis of such considerations and without competitive bidding.
(2) If the council determines to reject such application, such determination shall be final and conclusive and the same shall be deemed rejected.
Statutory Reference: ORS 221.410
History: Ord. 952 §1(G); 1979.
5.16.080 Determination—Resolution of intention to consider granting—Filing written protests.
If the council determines to further consider the application, the following shall be done:
(1) The council shall decide and specify the terms and conditions of any franchise to be granted under this Chapter and as provided in this Chapter.
(2) The council shall pass its resolution of intention to consider the granting of such franchise, giving notice of receipt of the application, and describing the character of the franchise desired, stating the name of the proposed grantee, the character of the franchise, the terms and conditions upon which such franchise is proposed to be granted, that copies of the proposed franchise may be obtained at the office of the City Recorder, fixing and setting forth a day, hour and place certain when and where any persons having any interest therein or objections to the granting thereof may file written protests and appear before the council and be heard, and directing the City Recorder to publish the resolution at least once within ten (10) days of the passage thereof in a newspaper of general circulation within the city.
Statutory Reference: ORS 221.410
History: Ord. 952 §1(H), 1979.
5.16.090 Hearing—Final determination.
At the time set for the hearing or at any adjournment thereof, the council shall proceed to hear all written protests. Thereafter, the council shall make one of the following determinations:
(1) That such franchise be denied; or
(2) That such franchise be granted upon the terms and conditions as specified in the resolution of intention to grant the same; or
(3) That such franchise be granted, but upon the terms and conditions different from those specified in the resolution of intention to grant the same.
Statutory Reference: ORS 221.410
History: Ord. 952 §1(1), 1979.
5.16.100 Denial or acceptance procedures.
(1) If the council determines that a franchise shall be denied such determination shall be expressed by resolution and shall be final and conclusive.
(2) If the council determines that a franchise shall be granted upon the terms and conditions as specified in the resolution of intention to consider granting the same, such determination shall be expressed by ordinance granting a franchise to the applicant.
(3) If the council determines upon granting a franchise upon terms and conditions different from those specified in the resolution of intention to consider granting the same, then such determination shall be expressed by resolution adopted prior to granting a franchise by ordinance.
Statutory Reference: ORS 221.410
History: Ord. 952 §1(J), 1979.