Sec. 80-40Procedure for consideration of and action on applications

(a) The city may make such investigations and take or authorize the taking of such other steps as the city council deems necessary or appropriate to consider and act on applications for franchises under this article and determine whether a franchise should be granted to an applicant, and may require the applicant to furnish additional information and data for this purpose. In considering applications, the city council may seek advice from other city officials or bodies, from such other advisory bodies as it may establish or determine appropriate, or from the public, and may request the preparation of one or more reports to be submitted to the city council, which may include recommendations with respect to such applications.

(b) If the city council, after considering such information as it determines to be appropriate, elects to further consider any application, the city council shall set one or more public hearings for consideration of the application, fixing and setting forth a day, hour, and place certain when and where any persons having any interest therein or objections thereto may file written comments and appear before the city council and be heard, and providing notice of such public hearing in accordance with applicable law.

(c) The city council may authorize negotiations between city officials and applicants to determine whether the city and such applicants are able to reach agreement on the terms of the proposed franchise.

(d) Upon completion of the steps deemed appropriate by the city council, the city council may grant the franchise and may specify the conditions under which the franchise is granted. Alternatively, the city may reject any and all applications from whatever source and whenever received except that a franchising authority may not grant an exclusive franchise and may not unreasonably refuse to award an additional competitive franchise. The city also reserves the right to waive any or all requirements when it determines that the best interests of the city may be served thereby and may, if it so desires, request new or additional proposals.

History: (Ord. No. 00-06, § 2.6, 12-5-2000)

State Law reference— The Local Government Cable Fair Competition Act of 1999, O.C.G.A. § 36-90-1 et seq.