§ 30-43. Contents of application.  


Latest version.
  • The application for a transfer of a franchise shall contain evidence showing the facts or conditions identified in subsections (1) through (8) of this section, and, for an initial franchise, a geographic expansion of an existing franchise, or material modification of an existing franchise (except as otherwise prescribed in the Cable Communications Policy Act of 1984, 47 USC 545, as amended by the Cable Television Consumer Protection and Competition Act of 1992), it shall contain evidence showing the following facts or conditions:

    (1)

    Applicant. The application shall contain the name, business address, business telephone number and contact person of the applicant.

    (2)

    Principals, officers and related entities. The application shall contain the names, addresses, business telephone numbers, and offices or employment positions of:

    a.

    All principals and officers of the applicant;

    b.

    All persons having a controlling interest in or holding more than 15 percent of the outstanding ownership interest in the applicant; and

    c.

    The parent, subsidiary or affiliate of the applicant.

    (3)

    Status of applicant. The application shall contain evidence showing that the applicant is a United States citizen or is a legal entity that is organized, existing and in good standing under the laws of the United States or any state thereof and, to the extent required, is authorized under state law to transact business in the state.

    (4)

    Absence of disqualifying interest. The application shall contain evidence showing that the applicant does not directly or indirectly own, operate, control or have an interest in any of the following:

    a.

    A national broadcast television network, e.g., ABC, CBS or NBC;

    b.

    A television broadcast station whose predicted grade B contour overlaps in whole or in part the service area of the proposed cable system; or

    c.

    A telephone common carrier subject in whole or in part to the Communications Act of 1934, operating within the boundaries of the county.

    (5)

    Registration statement. The application shall contain evidence showing that the applicant has filed a registration statement with the FCC, pursuant to 47 CFR 76.12 (1986).

    (6)

    Financial qualifications. The application shall contain evidence showing that the applicant has the financial ability to construct and operate the proposed cable system; such evidence shall include detailed financial statements of the applicant prepared by an independent certified public accountant for the applicant's immediately preceding three fiscal years.

    (7)

    Background experience. The application shall contain a description or listing of:

    a.

    The applicant's and its related entities' experience as a cable operator.

    b.

    All cable franchises awarded to the applicant, the status of those franchises, and all franchises applied for which were not granted.

    (8)

    Proposed cable system. The application shall contain a complete and detailed description of the cable system proposed by the applicant (including, without limitation, engineering plans indicating the location of the proposed cable system, including whether the lines are aerial or underground, towers, antennas, specifications, construction schedules, initial subscription and equipment rates, and initial programming, channel arrangement and tiering schedules).

    (9)

    Written response to mandatory selection criteria. Included with the application shall be written responses to the mandatory selection criteria requirement under state law and section 30-45(3).

(Ord. No. 88-10, § 6, 5-19-88; Ord. No. 94-10, §§ I, IV, 6-9-94)