§ 6.5-232. Application for franchise.

(a)

As may be applicable, but only to the extent expressly required by state or federal law, rule or regulation, the city council shall follow all applicable federal and state laws and rules of the FCC and the PSC with respect to the submission and processing of initial and renewal applications or proposals for a franchise.

(b)

As regards cable operators, and notwithstanding the preceding subsection (a), in the event the applicant is an incumbent and proposes or requests to be permitted to allow the system to be used for the provision of service other than for cable service as defined under section 631 (a)(2) of the Communications Act of 1934 (at 47 USC 551(a)(2)), such application or proposal shall not be deemed a renewal application or a renewal proposal. Any proposal or application by a current holder of a cable franchise agreement with the city, and which proposal is for the provision of service or the ownership or operation of a system as defined in section 6.5-155 of this article shall be deemed an initial application, except as regards the provision of cable service or the use of the system to provide cable service, in which case that portion of the application related to the provision of cable service, but only that portion, shall be deemed a renewal application subject to section 626 of the Cable Act of 1984, as amended (at 47 USC 546).

(c)

For service providers or system owners or operators not subject to federal law and the rules of the FCC and the PSC with respect to the grant or renewal of franchises or as set forth, the city council may develop rules with respect to the submission and processing of initial and renewal applications or proposals for a franchise. Such rules and regulations shall primarily be aimed at determining the legal, financial, technical, and character qualifications of the applicant, though the city may also consider other matters deemed of importance that are not prohibited from consideration by applicable law, including but not limited to the applicant's or proposer's history of performance and compliance, both in the city and elsewhere.

(d)

With respect to an initial application or proposal for a franchise or a transfer of a franchise, an applicant shall pay a nonrefundable application fee as established by resolution of the city council, which fee shall be for the purpose of covering the city's fully allocated costs of processing and analyzing the application. An application for a franchise that permits uses of a system not expressly set forth in a previous franchise shall be deemed an initial application for an initial franchise.

(e)

An initial application for a franchise to use and occupy the city's property and city-owned and managed rights-of-way to provide service or own or operate a system for commercial purposes shall place a deposit with the city in the amount of twenty thousand dollars ($20,000.00) to cover the city's fully allocated actual costs incidental to, associated with, attributable to and necessitated by the process.

(f)

As the city would otherwise be required to deal with experts in the industry without the aid of equal expertise and knowledge, which situation creates an insurmountable disadvantage for the city and would prevent the city council from making truly informed decisions, the cost of outside expert assistance, including legal assistance as may be necessary, is deemed a cost incidental to, associated with, attributable to and necessitated by the process for the purposes intended by this section. At any time during the processing of an application or proposal and any negotiations related thereto that the balance of the deposit required under subsection (e) of this section is less than five thousand dollars ($5,000.00), then upon notice by the city the applicant shall be required to restore the deposit to seven thousand five hundred dollars ($7,500.00) before further processing of the application or proposal. At the conclusion of the process any remaining balance shall promptly be returned to the applicant.

(g)

As consideration of a request for renewal of a franchise is deemed an extraordinary cost to the city that is not part of the normal administration of the existing franchise, then unless expressly prohibited by federal law or rule, an applicant requesting a transfer or renewal of it's a franchise or the grant of a new franchise subsequent to the grant of a previous one, may be required by the city to place on deposit with the city an amount not to exceed twenty thousand dollars ($20,000.00) to cover the fully allocated costs of processing and analyzing the application or proposal. At any time during the processing of an application or proposal and any negotiations related thereto that the balance of the deposit required under subsection (e) of this section is less than five thousand dollars ($5,000.00), then upon notice by the city the applicant shall be required to restore the deposit to seven thousand five hundred dollars ($7,500.00) before further processing of the application or proposal. At the conclusion of the process any remaining balance shall promptly be returned to the applicant.

(h)

At the conclusion of the process under subsection (g) of this section any remaining balance shall be promptly returned to the applicant.

(i)

An applicant with an existing franchise shall not be required to pay both an application fee under subsection (e) of this section and place a deposit under subsection (g) of this section, regardless of the nature of the application.

(j)

Any application or proposal shall be accompanied by a check in the amount required at the time of the filing of the application, request for transfer or proposal. In the event the application or proposal is not accompanied by the required payment or deposit, the application, request for transfer or proposal shall be deemed incomplete and no action shall be taken on the application or proposal until the required deposit is received. Any required time frames or deadlines required by federal law or regulation shall not be deemed to have started unless and until a complete application, request for transfer or proposal is received.

(Ord. No. A-177, § 82, 3-13-2000)