Applications for grant, renewal, modification or transfer of licenses

(a)

A written application shall be filed with the city for:

(1)

Grant of an initial license;

(2)

Renewal of a license in accordance with section 626(a)—(g) of the Communications Act, 47 U.S.C. 546;

(3)

Modification of a license agreement;

(4)

Transfer or change of control of a license; or

(5)

Any other relief from the city pursuant to this chapter or a license agreement.

(b)

To be acceptable for filing, a signed original of the application shall be submitted together with seven copies, be accompanied by the required non-refundable application filing fee as set forth in subsection 11-8(i) hereof, conform to any applicable request for proposals, and contain all required information. All applications shall include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application.

(c)

All applications accepted for filing shall be made available by the city for public inspection.

(d)

An application for the grant of an initial license may be filed pursuant to a request for proposals issued by the city or on an unsolicited basis. The city, upon receipt of an unsolicited application, may issue a request for proposals. If the city elects to issue a request for proposals upon receipt of an unsolicited application, the applicant may submit an amended application in response to the request for proposals, or may inform the city that its unsolicited application should be considered in response to the request for proposals, or may withdraw its unsolicited application. An application which does not conform to the reasonable requirements of a request for proposals may be considered non-responsive and denied on that basis.

(e)

An application for the grant of an initial license shall contain, at minimum, the following information:

(1)

Name and address of the applicant and identification of the ownership and control of the applicant, including: the names and addresses of all persons with five percent or more ownership interest in the applicant, including the names and addresses of parents or subsidiaries holding such ownership interests directly or indirectly; the persons who control the applicant; all officers and directors of the applicant; and any other cable system ownership or other communication ownership interest of each named person; provided that in the case of an application for a renewal or transfer of a license, the information regarding cable system ownership or other communication ownership interest shall be provided upon written request of the city;

(2)

An indication of whether the applicant, or any person controlling the applicant, or any officer, or director or person with five percent or more ownership interest in the applicant, has been adjudged bankrupt, had a cable license revoked, or been found by any court or administrative agency to have violated a security or antitrust law, or to have committed a felony, or any crime involving moral turpitude; and, if so, identification of any such person and a full explanation of the circumstances; provided that in the case of an application for renewal or transfer of a license, a licensee shall provide such information upon written request;

(3)

A demonstration of the technical, legal and financial ability of the applicant to construct and/or operate the proposed cable system, including identification of key personnel;

(4)

A copy of any agreement covering the license area, if existing, between the applicant and any public utility providing for the use of any facility of the public utility, including, but not limited to, the use of utility poles, lines or conduits. In the case of a transfer pursuant to section 11-24 hereof, licensee shall only be required to provide evidence of the assignability of such agreements;

(5)

In the case of an application for an initial license, a statement prepared by a certified public accountant or duly authorized financial officer of the applicant regarding the financial ability of the applicant to complete the construction and operation of the cable system proposed;

(6)

A description of the prior experience of the applicant in cable system ownership, construction and operation, and identification of communities in which the applicant or any person having a controlling interest in the applicant or having more than a ten percent ownership interest in the applicant has, or has had, a cable franchise or license or any interest therein; provided that in the case of an application for a transfer of a license, a licensee shall provide such information upon written request;

(7)

Upon reasonable request of the city, the applicant shall provide copies of any franchise or license agreements entered into by applicant, its parent, affiliate or subsidiary;

(8)

A description of the physical facilities proposed, including channel capacity, performance characteristics, headend, and access facilities; upon request, the applicant shall provide information on technical design;

(9)

In the case of an application for an initial grant of a license, where applicable, a description of the construction of the proposed cable system, including an estimate of plant mileage and its location, the proposed construction schedule, a description, where appropriate, of how services shall be converted from existing facilities to new facilities, and information on the availability of space in conduits including, where appropriate, an estimate of the cost of any necessary rearrangement of existing facilities;

(10)

For informational purposes, the proposed rate structure, including projected charges for each service tier, installation, converters, and other equipment or services, and the ownership interest of the applicant in any proposed program services to be delivered over the cable system;

(11)

A demonstration of how the proposal of the applicant shall reasonably meet the future cable-related needs and interests of the community;

(12)

A description of any cable services offered by the applicant or its parent, affiliate or subsidiary, and applicant's plan with respect to the availability of services to subscribers in the city;

(13)

Upon request, for information purposes only, a description of any non-cable services offered by the applicant or its parent, affiliate or subsidiary and plan of the licensee with respect to the availability of such services to subscribers in the city;

(14)

Upon request, for information purposes only, a description of any non-cable services offered by the applicant or its parent, affiliate or subsidiary in any other community and a copy of the terms and conditions pursuant to which applicant offers such non-cable services in any other community;

(15)

A proposal by applicant to offer discount rates to qualified senior citizens, consistent with Section 623(e)(1) of the Cable Act;

(16)

In the case of an application for an initial license or the transfer of a license, where the transferee is not a publicly traded company, pro forma financial projections for the first five years of the license term, including a statement of projected income, and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules;

(17)

If an applicant proposes to provide cable service to an area already served by an existing cable licensee, the identification of the area where the overbuild would occur, the potential subscriber density in the area which would encompass the overbuild, and the ability of the streets to accommodate an additional system;

(18)

In the case of a renewal or transfer application, any other information as may be reasonably necessary to demonstrate compliance with the requirements of this chapter and information that the city may reasonably request of the applicant that is relevant to the consideration of the city of the application; and

(19)

An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments, and certifying that the proposal meets all federal and state law requirements.

(f)

An application for modification of a license agreement shall include, at minimum, the following information:

(1)

The specific modification requested;

(2)

The justification for the requested modification, including the impact of the requested modification on subscribers and others;

(3)

A statement whether the modification is sought pursuant to Section 625 of the Cable Act, 47 U.S.C. § 545, and, if so, a demonstration that the requested modification meets the standards set forth in 47 U.S.C. § 545;

(4)

Any other reasonable information necessary for the city to make an informed determination on the application for modification; and

(5)

An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, and certifying that the application is consistent with all federal and state law requirements.

(g)

An application for renewal of a license shall comply with the requirements of section 11-23 hereof.

(h)

An application for approval of a transfer of a license shall comply with the requirements of section 11-24 hereof.

(i)

To be acceptable for filing, an application shall be accompanied by a non-refundable filing fee in the following amount, as appropriate:

(1)

For a new or initial license: $26,250.00

(2)

For renewal of a license: $10,500.00

(3)

For a transfer of a license (other than a pro forma transfer): $10,500.00

(4)

For a pro forma transfer of a license: $5,250.00

(5)

For modification of a license agreement pursuant to 47 U.S.C. § 545: $10,500.00

(6)

For any other relief: $5,250.00

The purpose of the filing fee is to defray a portion of the cost to the city in processing an application. Such fee shall be credited against amounts due under section 11-9(f) herein. The filing fee is therefore intended to be a charge incidental to the awarding or enforcing of a license within the meaning of Section 622(g)(2)(D) of the Cable Act, 47 U.S.C. § 542(g)(2)(D), and may not be deducted from the license fee imposed in a license agreement and shall not be passed through to subscribers.

(Ord. No. 11936, § 3, 6-8-00; Ord. No. 13142, § 6, 2-11-10)