Sec. 80-35Franchise applications

(a) Applications for franchises under this article shall be submitted in such form and be issued on such terms and conditions as the city council may determine, subject to applicable law.

(b) Any application for a franchise shall contain and/or require the following information with respect to the proposed franchise and such other information as the city council shall deem necessary or appropriate:

(1) Applicant's name, address, telephone number, and federal employer identification number or social security number; copy of applicant's corporate charter or partnership agreement, as applicable; and any trade names (and registrations) used by applicant;

(2) A detailed statement of the corporation or business entity organization of the applicant, including, but not limited to, the following, and to whatever extent required by the city:

a. The names and the residence and business addresses of all officers and directors of the applicant;

b. The names and the residence and business addresses of all persons and entities having any share of the ownership of the applicant and the respective ownership share of each person or entity;

c. The name and address of any parent or subsidiary of the applicant, namely, any other business entity owning or controlling the 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 systems and open video systems owned or controlled by the applicant, its parent, or subsidiary, and the areas served thereby;

d. A detailed and complete financial statement of the applicant, certified by an independent certified public account, for the fiscal year immediately preceding the date of the application under this article, 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 cable system or open video system in the city, or a statement from an independent certified public accountant certifying that the applicant has available sufficient free, net, and uncommitted cash resources to construct and operate the proposed cable system or open video system in the city;

e. A detailed financial plan (pro forma) describing for each year of the franchise a projected number of subscribers, rates, all revenues, operating expenses, capital expenditures, depreciation schedules, income statements, and a sources and uses of funds statement; and

f. A statement identifying, by place and date, any other cable television franchises awarded to the applicant, its parent, or subsidiary; the status of such franchises with respect to completion thereof; the total cost of completion of such franchised cable systems and open video systems; and the amount of the applicant's and its parent's or subsidiary's resources committed to the completion thereof;

(3) A detailed description of the proposed plan of operation of the applicant which shall include, but not be limited to, the following:

a. A description of the cable services proposed to be provided;

b. 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 serviced;

c. A statement or schedule setting forth all proposed classifications or rates and charges to be made against subscribers and all rates and charges as to each of the classifications, including installation charges, cable service charges, and any other service charges;

d. A detailed, informative, and referenced statement describing the actual equipment and operational standards proposed by the applicant;

e. A copy of the form of any agreement, undertaking, or other instrument proposed to be entered into between the applicant and any subscriber to cable services; and

f. A detail 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;

(4) A copy of any agreement covering the franchise area, if existing between the applicant and any utility providing for the use of any facilities of the utility, including, but not limited to, poles, lines, or conduits; or

(5) Any other details, statements, supplementary information, or references pertinent to the subject matter of such application which shall be required or requested by the council, or by any other provision of law.

History: (Ord. No. 00-06, §§ 2.2.01, 2.2.02, 12-5-2000)