5.30.170 Content of applications.
All applications to construct, operate, or maintain any cable system in the incorporated areas or to traverse any portion of those areas for the transmitting or conveying of such service elsewhere shall be filed with the director of transportation or his or her designee. An application for the grant of an initial franchise may be filed pursuant to a request for proposals issued by the city or on an unsolicited basis. To be acceptable for filing, an original and two copies of the application must be submitted and be accompanied by the application filing fee where required. Each application for an initial franchise shall set forth the following:
A. The name, address and telephone number of the applicant.
B. A detailed statement of the corporate or other business organization of the applicant, including but not limited to the following:
1. The names, business addresses, and state of residence of all general partners and corporate officers of the applicant.
2. The names, business addresses, and state of residence of all persons owning or controlling five percent or more of the stock, partnership shares, or assets of the applicant and the respective ownership share of each such person.
3. The names and addresses of any parent corporation, parent entity, or holding company that owns or, by ownership of other entities, controls the applicant.
4. The names and addresses of any business entities owned or controlled by the applicant, including, but not limited to, SMATV or cable operations.
5. A detailed and complete financial statement of the applicant, prepared by a certified public accountant, for the five fiscal years immediately preceding the date of the application, 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 a clear statement of its intent to provide the capital required to construct and operate the proposed system. If the corporate or business entity organization of the applicant has not been in existence for a full five years, the applicant shall submit a certified financial statement for the period of its existence.
6. A detailed description of all previous experience of the applicant in providing cable services or related or similar services which includes a statement identifying, by place and date, all other cable television licenses or franchises awarded to the applicant, its parent or subsidiary, the status of the licenses or franchises with respect to completion, the total cost of completion of such systems, and the amount of the applicant’s and its parent’s or subsidiary’s resources committed to such systems.
7. An indication of whether the applicant, or any person controlling the applicant, or any officer or major stockholder of the applicant, has been adjudged bankrupt, had a cable license or franchise revoked, or been found guilty by any court or administrative agency of a violation of a security or antitrust law, felony, or any crime involving moral turpitude; and, if so, identification of any such person and a full explanation of the circumstances.
C. Where the applicant and the city are negotiating a subsequent franchise to the initial 10-year franchise agreement, the applicant shall provide a detailed financial plan describing, for the first five years of the renewed franchise, projected number of subscribers, rates, all revenues, operating expenses, capital expenditures, depreciation schedules, income statements, and statement of sources and uses of funds and schedule of all capital additions.
D. A detailed description of the proposed plan of operation of the applicant, which shall include, but not be limited to, the following:
1. Where the applicant and the city are negotiating a subsequent franchise to the initial 10-year franchise agreement, the applicant shall provide a detailed map indicating all areas proposed to be served, a proposed time schedule for the installation of all equipment necessary to become operational throughout the entire area to be served, a description of the construction of the proposed system including an estimate of the above and below ground mileage and the projected total cost for construction of the system.
2. For informational purposes, a statement or schedule setting forth all proposed initial classifications of rates and charges to be made against subscribers and all rates and charges for each classification, including installation charges, service charges or other charges. The purchase price, terms, and nature of any optional or required equipment, device, or other thing to be offered for sale to any subscriber shall be described and explained in detail.
3. A detailed statement describing the physical facility proposed, including channel capacity, technical design, the actual equipment, and the operational and technical standards proposed by the applicant.
4. A description of the services to be provided initially, including the broad categories of programming and all broadcast and nonbroadcast signals to be carried and all nontelevision services to be delivered over the cable system and, if services will be offered by tiers, identification of the signals and/or services to be included on each tier.
5. A description of how the proposed system will reasonably meet the future cable-related needs and interests of the community, including how the proposed system will meet the needs described in any recent community needs assessment conducted by or for the city.
E. Any other information reasonably requested by the city which is deemed necessary to evaluate the technical, financial and legal qualifications of the applicant or which could materially affect the granting of the franchise.
F. The city at its discretion may decide to accept less than the documentation above if it can establish through other sources that the applicant can meet the technical, financial and legal qualifications and that the applicant is competent to operate a cable communications system. (Ord. 5922 § 2, 2010; Ord. 5531 § 2, 2004.)