CHAPTER 8A. CABLE COMMUNICATIONS SYSTEM.
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:
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.
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).
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).)