A. Each application for a franchise to construct, operate or maintain any cable television system in the city shall be filed with the city clerk and shall 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 and to whatever extent required by the city:
a. The names and residence and business addresses of all officers, directors and associates of the applicant,
b. The names and residence and business addresses of all officers, persons and entities having, controlling or being entitled to have or control five percent 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, namely, any other business entity owning or controlling the applicant in whole or in part, and a statement describing the nature of any such parent or subsidiary business entity, including but not limited to cable television systems owned or controlled by the applicant, its parent and subsidiary and the areas served thereby,
d. A detailed description of all previous experience of the applicant in providing cable television system service and in related or similar fields;
e. A detailed and complete financial statement of the applicant, prepared by an independent certified public accountant, for the fiscal year next preceding the date of the application under this chapter, 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 system in the city, or a statement from a certified public accountant, certifying that the applicant has available sufficient free, net and uncommitted case resources to construct and operate the proposed system in the city,
f. A statement identifying, by place and date, any other cable television franchise(s) awarded to the applicant, its parent or subsidiary; the status of such franchise(s) with respect to completion thereof; the total cost of completion of such system(s); 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 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 statement or schedule setting forth all proposed classifications of rates and charges to be made against subscribers, and all rates and charges as to each of said classifications, including installation charges and service charges,
c. A detailed, informative and referenced statement describing the actual equipment and operational standards proposed by the applicant, and that such standards of operations are in compliance with those contained in Title 47, Subpart K (Section 76.601 et seq.) of the Rules and Regulations of the Federal Communications Commission,
d. A copy of the form of any agreement, undertaking or other instrument proposed to be entered into between the applicant and any subscriber,
e. A detailed statement setting forth in their 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 public utility subject to regulation by the California Public Utilities Commission, providing for the use of any facilities of the public utility, including, but not limited to, poles, lines or conduits;
5. Any other details, statements, information or references pertinent to the subject matter of such application which shall be required or requested by the council, or by any provision of any other ordinance of the city;
6. An application fee in the sum of two thousand five hundred dollars, which 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, and which shall be in consideration thereof and not returnable or refundable in whole or in part, except to the extent that such fee exceeds the actual costs incurred by the city in studying, investigating and otherwise processing the application; provided that any applicant who delivers to the city clerk a written withdrawal of or cancellation of any application under this chapter, not later than the seventh day next following the day such application is received by the city clerk, shall be entitled to have returned and refunded the sum of two thousand five hundred dollars less any actual costs or expenses incurred by the city by reason of such application.
B. The council may, by advertisement or any other means, solicit and call for applications for cable television system franchises, and may determine and fix any date upon or after which the same shall be received by the city, or the date before which the same must be received, and may make any other determinations and specify any other times, terms, conditions or limitations respecting the soliciting, calling for, making and receiving of such applications.
C. If the council determines to further consider the application, it shall pass a resolution setting a public hearing for the consideration of competing applications; fixing and setting forth a day, hour and place certain when and where any person having any interest therein or objections thereto may file written protests and/or appear before the council and be heard, and directing the city clerk to publish such resolution at least once within ten days of the passage thereof in a newspaper of general circulation within the city.
D. In making any determination under this chapter as to any application for a new franchise or renewal thereof, the council may give due consideration to the quality of the service proposed, rates to subscriber, income to the city, experience, character, backgrund and financial responsibility of any applicant and its management and owners, technical and performance quality of equipment, willingness and ability to meet construction and physical requirements, and to abide by policy conditions, franchise limitations and requirements, and any other considerations deemed pertinent by the council for safeguarding the interests of the city and the public.
E. At the time set for the hearing, or at any adjournment thereof, the council shall proceed to hear all protests. Thereafter, the council by resolution shall make one of the following determinations:
1. That such application(s) be denied, which determination shall be final and conclusive;
2. That such franchise be granted, and the terms and conditions thereof.
F. The council may reject any and all applications and may, if it so desires, request new and/or additional proposals.
G. The council may at any time demand, and applicant(s) shall provide, such supplementary, additional or other information as the council may deem reasonably necessary to determine whether the requested franchise should be granted.
H. Any grantee, upon the effective date of its franchise, shall be required to reimburse the city for its estimated engineering, administrative, publication and legal expenses incurred in connection with the development of the city's cable television chapter, RFP preparation, and processing, evaluation and preparation of documents relating to such franchise, as such shall be established in the franchise agreement, in a total amount not to exceed fifteen thousand dollars. (Prior code § 7-6)