§ 30-45. Public hearing.

Prior to the county council's approving or authorizing a transfer, granting an initial franchise, granting a geographic expansion of an existing franchise, or approving a 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), the county council shall hold a public hearing on the application in accordance with this chapter and state law.

(1)

Public notice. Public notice of the hearing shall be duly advertised once at least 15 days, not including Saturdays, Sundays and legal holidays, before the hearing, in a newspaper of general circulation within the county.

(2)

Required evidence. At the public hearing the applicant and other persons, if any, shall present evidence for the county council to consider in respect to the mandatory selection criteria prescribed in subsection (3) of this section and such other criteria as the county council may deem relevant.

(3)

Mandatory selection criteria. In evaluating an application for a transfer of a franchise, the county council shall consider the mandatory criteria set forth in subsections (3)a through i of this section. In evaluating an application for an initial franchise, a geographic expansion of an existing franchise, or a 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), the county council shall consider the following mandatory criteria:

a.

The economic impact of the proposed cable system or transfer upon the private property interests within the proposed service area of the franchise;

b.

The public need for the proposed franchise or franchise transfer, if any;

c.

The capacity of public easements or rights-of-way to accommodate the proposed cable system;

d.

The present and future use of the public easements or public rights-of-way to be used by the proposed cable system;

e.

The potential for disruption of existing users of the public easements or rights-of-way by the proposed cable system and the resultant inconvenience which may occur to the public;

f.

The financial ability of the applicant to perform;

g.

That access to cable service in the area to be served by the cable system will not be denied to any group of potential residential cable subscribers because of the income of the residents of the local area in which such group resides;

h.

Other societal interests as are generally considered in cable television franchising; and

i.

Such other additional matters, both procedural and substantive, as the county council may, in its sole discretion, determine to be relevant.

(4)

Submittal of comments or evidence by existing franchises. Cable operators of cable systems with franchises within the unincorporated portions of the county, or applicants, shall be afforded a fair opportunity to submit written and oral objections to, to comment on, and to present evidence in opposition to or in support of the application at the public hearing.

(5)

County council decision. Based on the evidence presented at the public hearing, any other evidence the county council may deem relevant and the mandatory selection criteria set forth in subsection (3) of this section, the county council shall make such legislative findings as it deems appropriate and at the closing of the hearing shall render a decision (i) granting or denying the application, and (ii) prescribing such conditions or restrictions on the applicant or franchise as the county council shall deem reasonable and necessary to protect the public interest.

(Ord. No. 88-10, § 8, 5-19-88; Ord. No. 94-10, § I, 6-9-94)

State law reference

Granting of cable television franchises, F.S. § 166.046.