§ 5.16.580. Applications for grant or renewal of franchises.

A.

1.

A written application shall be filed with the City Clerk for grant of an initial or renewal OVS franchise.

2.

To be acceptable for filing, a signed original of the application shall be submitted together with six copies. The application must conform to any applicable request for proposals, and contain all information required under Section 3.570(B)(2). All applications shall include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application.

B.

The City Administrator may specify the information that must be provided in connection with a request for proposals or an application for an initial or renewal OVS franchise. At a minimum, each application must: identify the applicant, where it plans to construct its OVS, and the OVS construction schedule; show that the applicant will provide adequate channels, facilities and other support for public, educational and government use (including institutional network use) of the OVS; and show that the applicant is financially, technically and legally qualified to construct and operate the OVS.

C.

1.

A person may apply for an initial or renewal OVS franchise on its own initiative or in response to a request for proposals. Upon receipt of an application, the city may conduct such investigations as are necessary to consider the application. The city may request such additional information as it deems appropriate.

2.

An applicant shall respond to requests for information completely, and within the time directed by the city, and must strictly comply with procedures, instructions, and requirements the city may establish.

3.

An application may be rejected if it is incomplete or the applicant fails to follow procedures or respond fully to information requests.

D.

In evaluating an OVS franchise application, the city may consider the following:

1.

The extent to which the applicant has substantially complied with the applicable law and the material terms of any existing city OVS franchise;

2.

Whether the applicant has the financial, technical, and legal qualifications to hold an OVS franchise;

3.

Whether the application satisfies any minimum requirements established by the city for, or will otherwise provide adequate public, educational, and governmental use capacity, facilities, or financial support (including with respect to institutional networks);

4.

Whether issuance of an OVS franchise would require replacement of property or involve disruption of property, public services, or use of the public right-of-way;

5.

Whether the approval of the application may eliminate or reduce competition in the delivery of cable service in the city; and

6.

Such other matters as it is required or entitled to consider.

E.

If the city finds that it is in the public interest to issue an OVS franchise considering the factors above, shall proffer an OVS agreement to applicant and if applicant is willing to unconditionally accept the terms thereof and to comply with the requirements of applicable law, including this chapter, it shall issue an OVS franchise.

(Ord. 12729 § 1 (part), 2006)