36.04A.080 New franchise—Application and consideration.

(a)    Application. Each application for a new franchise under this chapter shall:

(1)    Be submitted in a form approved by the county;

(2)    Be accompanied by a fee of seven thousand five hundred dollars ($7,500) by certified or cashiers check made payable to Clark County. Such fee shall be used in processing and considering such applications under this chapter and shall be nonrefundable. In addition, if the total receipts from such application fees for a new franchise is less than the costs of processing all such applications, including costs of staff and professional services contractors, payment of the balance of such cost by the successful applicant within sixty

(60) days of demand by the county shall be a condition of award of a new franchise to it; provided, such payment by the successful applicant shall not exceed fifty thousand dollars ($50,000); and provided further that in the event more than one applicant is awarded a franchise, the additional processing costs shall be prorated.

(b)    Consideration of applications.

(1)    The county will consider each application for a new franchise where the application is found to be acceptable for filing and in substantial compliance with the requirements of this chapter and any applicable application or request for proposals. In evaluating an application the county will consider, among other things, the applicant’s past service record in other communities, the nature of the proposed facilities and services, proposed area of service, proposed rates, and whether the proposal would adequately serve the public needs and the overall interests of the citizens of the county. The county may elect to undertake an assessment of future cable-related community needs and interests, and may require that the applicant’s proposal be responsive thereto.

(2)    If the county determines that an applicant’s proposal, including the proposed service area, would serve the public interest, it may grant a franchise to the applicant, subject to terms and conditions as agreed upon between the applicant and the county and incorporated into a written franchise agreement.

(c)    Costs to be borne by the grantee of a new franchise shall include all costs of publications of notices prior to any public meeting provided for pursuant to this chapter and all other publications required by law. (Sec. 2 of Ord. 1998-12-21)