§ 5.16.500. Application for an initial franchise or renewal franchise.

A.

This section establishes additional provisions that apply to an application for an initial franchise, or a renewal franchise application that is not governed by 47 U.S.C. Section 546(a)—(h) as may be amended.

B.

Any person may apply for an initial or renewal franchise by submitting an application therefor on that person's own initiative, or in response to a request for proposals issued by the city. If the city receives an unsolicited application, it may choose to issue a request for additional proposals, and require the applicant to amend its proposal to respond thereto. The city may conduct such investigations as are necessary to act on an application.

C.

Before taking final action on an application, the city shall conduct a public hearing in accordance with applicable state and federal law.

D.

In determining whether to grant a franchise, the city may consider:

1.

The extent to which an applicant for renewal has substantially complied with the applicable law and the material terms of any existing cable franchise ordinance;

2.

Whether an applicant for renewal's quality of service under its existing franchise ordinance, including signal quality, response to customer complaints, billing practices, and the like has been reasonable in light of the needs of the community;

3.

Where the applicant has not previously held a cable system franchise in the city, whether the applicant's record in other communities indicates that it can be relied upon to provide high-quality service throughout any franchise term;

4.

Whether the applicant has the financial, legal, and technical ability to provide the services, facilities, and equipment set forth in an application, and to satisfy any minimum requirements established by the city;

5.

Whether the applicants application is reasonable to meet the future cable-related needs and interests of the city, taking into account the cost of meeting such needs and interests;

6.

Whether issuance of a franchise is warranted in the public interest considering the immediate and future effect on streets, public property, and private property that will be used by the applicant's cable system;

7.

Whether issuance of the franchise would reduce competition in the provision of cable service in the city;

8.

Whether the applicant has proposed to provide adequate facilities, equipment, channels and other support for PEG use of the cable system;

9.

Such other matters as the City is authorized or required to consider.

E.

It the city determines that issuance of a franchise would be in the public interest considering the factors described in this section, it may proffer a franchise ordinance to the applicant.

F.

Within thirty-one (31) days after the effective date of the ordinance awarding a franchise or franchise renewal, or within such extended period of time as the City Council in its discretion may authorize, the successful applicant or franchisee shall file with the City Clerk an unconditional written acceptance, in form satisfactory to the City Attorney, of the franchise or franchise renewal, together with an agreement to be bound by and to comply with all applicable provisions of the city's Charter, this chapter, and the franchise ordinance. Such acceptance and agreement shall be acknowledged before a notary public and shall in form and content be satisfactory to and approved by the City Attorney.

(Ord. 12729 § 1 (part), 2006)