§ 5.16.600. Legal qualifications.

A.

In order to be legally qualified:

1.

The applicant must be willing to comply with the provisions of this chapter and applicable laws, and to comply with such requirements of an OVS agreement as the city may lawfully require;

2.

The applicant must not hold a cable system franchise, or have pending an application for a cable system franchise;

3.

The applicant must not have had any cable system or OVS franchise revoked by the city within three years preceding the submission of the application. If franchisee challenges a revocation, it may not apply while the appeal is pending, or for three years after the final resolution of the appeal if the revocation is valid;

4.

The applicant may not have had an application for an initial or renewal cable system franchise to the city denied on the ground that the applicant failed to propose a cable system meeting the cable-related needs and interests of the community, or as to which any challenges to such franchising decision were finally resolved (including any appeals) adversely to the applicant, within three years preceding the submission of the application;

5.

The applicant may not have had an application for an initial or renewal OVS franchise denied on any grounds within three years of the applications;

6.

The applicant shall not be issued an OVS franchise if, at any time during the ten (10) years preceding the submission of the application, applicant was convicted of fraud, racketeering, anti-competitive actions, unfair trade practices or other conduct of such character that the applicant cannot be relied upon to deal truthfully with the city and the subscribers, or to substantially comply with its obligations;

7.

Applicant must have the necessary authority under California and federal law to operate an OVS, and must be certified by the FCC under Section 653 of the Cable Act as may be amended;

8.

The applicant shall not be issued an OVS franchise if it files materially misleading information in its application or intentionally withholds information that the applicant lawfully is required to provide;

9.

For purposes of Section 5.16.600(A)(2)—(6), the term applicant includes any affiliate of applicant.

B.

Notwithstanding Section 5.16.600(A), an applicant shall be provided a reasonable opportunity to show that an OVS franchise should issue even if the requirements of Section 5.16.600(A)(3)—(6) are not satisfied, by virtue of the circumstances surrounding the matter and the steps taken by the applicant to cure all harms flowing therefrom and prevent their recurrence, the lack of involvement of the applicant's principals, or the remoteness of the matter from the operation of an OVS.

(Ord. 12729 § 1 (part), 2006)