Sec. 8A.100. Franchise application--Information required for initial franchise.

Each application for an initial franchise to construct, operate or maintain any cable communications systems in the city shall be filed with the city clerk and shall contain or be accompanied by the following:
(a) The name, address and telephone number of the applicant.
(b) 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:
(1) The names, residence and business address of all officers, directors and associates of the applicant.
(2) The names, 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.
(3) 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 or owned or controlled in whole or in part by the applicant, and a statement describing the nature of any such parent or subsidiary business entity, including, but not limited to, cable communications systems owned or controlled by the applicant, its parent and subsidiary and the areas served thereby.
(4) A detailed description of all previous experience of the applicant in providing cable communications system service and in related or similar fields.
(5) 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 city, 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 cable communications system in the city, or a statement from a certified public accountant that the applicant has available sufficient free, net and uncommitted cash resources to construct and operate the proposed cable communications system in the city.
(6) A statement identifying, by place and date, any other cable communications 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 committee to the completion thereof.
(c) A detailed description of the proposed plan of operation of the applicant which shall include, but not be limited to, the following:
(1) 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.
(2) 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 such classifications, including installation charges and service charges.
(3) 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.
(4) A copy of the form of any agreement, undertaking or other instrument proposed to be entered into between the applicant and any subscriber.
(5) A detailed statement setting forth in its entirety any and all agreements and undertakings, whether formal or informal, written, oral or implied, existing or proposed to exist between any applicant and any person, firm or corporation which materially relate or pertain to or depend upon the application and the granting of the franchise.
(d) 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 use of any facilities of the public utility, including, but not limited to, poles, lines or conduits.
(e) Any other details, statements, information or references pertinent to the subject matter of such application which shall be required or requested by the city or by any provision of any other ordinance of the city (and of its Charter).
(f) An application fee in the sum of five thousand 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 shall deliver 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 five thousand dollars, less any actual costs or expense incurred by the city by reason of such application. If such processing, handling or evaluation of the application shall result in an expenditure to the city in excess of the fee set forth, the balance of such expenditure shall be paid by grantee at the time of acceptance and no original franchise granted hereunder shall become effective without such payment. (Ord. No. 1097, § 1 (part).)