§ 25.5. Franchise Applications.

A.

The application for a Cable Television Franchise shall be submitted to the Mayor or Designee, on a written form, in accordance with procedures and schedules to be established by the City. Each such application shall set forth, contain, or be accompanied by the following:

1.

The name, address and telephone number of the applicant.

2.

A detailed statement of the corporate or other business entity organization of the applicant, including, but not limited to the following:

a.

The names and residence addresses of all officers, directors, and partners or business associates of the applicant.

b.

The name, residence addresses and business addresses of all persons and entities having controlling, or being entitled to have or control five percent (5%) or more of the ownership of the applicant and the respective ownership share of each such person or entity.

c.

The names and addresses of any parent or subsidiary of the applicant and of any other business entity owning or controlling 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, all Cable Television or similar systems owned or controlled by the applicant, its parent or subsidiary and the areas served thereby.

d.

A detailed and completed financial statement of the applicant, prepared by a certified public accountant, for the fiscal year next preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a responsible lending institution or funding source, addressed to both the applicant and the City, 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 System in the City, or a statement from a certified public accountant certifying that the applicant has available sufficient free, net and uncommitted cash resources to construct and operate the proposed System in the City. Additionally, a bond in an amount to be determined by the City shall be provided.

e.

A statement identifying, by place and date, any other Cable Television Franchise(s) awarded to the applicant, its parent or subsidiary; the status of said franchise(s) with respect to completion thereof; the total cost of completion of such system(s), if known at the time of application; and the amount of applicant's and its parent's or subsidiary's resources committed to the completion thereof. The City may permit the applicant to submit a summary of such information in lieu of itemized listings if the applicant, its parent, or subsidiary is currently operating more than twenty franchises.

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 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 served.

b.

A detailed statement describing the actual equipment and operational standards proposed by the applicant.

4.

A copy of the form of any agreement, undertaking, or other instrument proposed to be entered into between applicant and any Subscriber.

5.

A detailed statement setting forth in its entirety any and all agreements and understandings, whether formal or informal, written, oral, or implied, existing or proposed to exist between the applicant and any Person which shall in any manner, directly or indirectly, relate or pertain to or depend upon the application, or proposed Franchise.

6.

A copy of any agreement covering the Franchise Area, if existing, between the applicant and any public utility providing for the use of any facilities of the public utility, including, but not limited to, poles, lines or conduits.

7.

Any other information pertinent to the subject matter of such application and requested by the City.

8.

An application fee in the sum of $10,000.00 shall be in the form of cash, certified or cashier's check, or money order, to pay the costs of studying, investigating, and otherwise processing such application, which shall not be returnable or refundable in whole or in part.

9.

A complete description of the services offered and the geographical area of service proposed.

10.

A complete description of other services provided to the community or to be provided to the community.

11.

A pro forma of the applicant's cable operation within the City detailing the projected number of passings, number of Subscribers and annual Gross Revenues for the initial three years of operation.

12.

A description of the applicant's financial ability to build, service and maintain the Franchise.

13.

The City may waive any of the above items where Council, or any committee designated by Council to evaluate a franchise application, deems such information as nonessential to the consideration of any particular application and such waiver as not adverse to the public interest.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)