Grant of licenses

(a)

The city may grant a license for a period not to exceed ten years.

(b)

The city may make the grant of a license conditioned upon the completion of construction within a reasonably prescribed time or upon the performance of other specific obligations which are to be set forth in the license agreement, specifying that failure to comply with the condition shall cause the license to become null and void or may require the licensee to pay liquidated damages to the city as specified in a license agreement.

(c)

In evaluating an application for a license, the city may consider, among other things, the following factors: the technical, financial, and legal qualifications of the applicant to construct and operate the proposed system; the adequacy of the proposed construction arrangements, facilities, equipment, and services based on the public convenience, safety and welfare; the experience of the applicant in constructing and operating cable systems and providing cable service in other communities, if any; the ability of city streets to accommodate the proposed system; the potential disruption to users of city streets and any resultant inconvenience to the public; and whether the proposal shall meet reasonably anticipated community needs and serve the public interest. evaluation by the city shall not be based on the content of the programming the applicant proposes to provide.

(d)

The city shall hold a public hearing to consider an application or applications for a license. The applicant(s) shall be notified of the hearing and shall be given an opportunity to be heard. Based upon the application(s), the testimony presented at the public hearing, any recommendations of the city or staff, and any other information relevant to the application(s), the city shall decide by resolution whether to grant or deny a license application(s) and decide the terms and conditions of any license(s) granted.

(e)

After complying with the above requirements, the city commission shall approve or disapprove the proposed license agreement by resolution, or may direct that it be subject to further negotiation.

(f)

An applicant for an initial license hereunder shall reimburse the city for all reasonable expenses incurred by the city in considering and processing the application, including but not limited to costs and expenses resulting from accrued city in-house staff time, out of pocket expenses or administrative costs, and consulting and legal costs, less the amount of the filing fee set pursuant to section 11-8(i). Within 30 calendar days from the date of the resolution approving or denying the initial grant of the license thereof by the city commission, the city shall bill the applicant for the amount of the processing fee and its method of calculation. If the processing fee is not received by the city within 30 calendar days of date of the bill, the city shall notify such applicant and the applicant shall pay a late fee at the rate of 18 percent per annum of the amount of the unpaid or underpaid fee provided, however, that such rate does not exceed the maximum amount allowed under applicable law. If said fee is not received in total by the city within 60 calendar days of the date of the bill, the city shall notify such applicant and, if applicable, the license shall be revoked. This processing fee is 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)