Ione Municipal Code Art. XVII Franchise Applications, Agreements and Renewals

Application for a franchise hereunder or any renewal thereof shall be in writing, shall be accompanied by an application fee of two thousand dollars or greater amount as shall be established by resolution of the city council, shall be filed with the city and shall contain the following information:

A. The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application shall also state the names and addresses of its directors, executive officers, major stockholders, and the names and addresses of parent and subsidiary companies;

B. A statement and description of the cable system proposed to be constructed, installed, maintained or operated by the applicant; the proposed location of such system and its various components; the manner in which applicant proposes to construct, install, maintain and operate the same; and particularly, the extent and manner in which existing or future poles or other facilities of other public utilities will be used for such system;

C. A description, in detail, of the streets, public places and proposed public streets within which applicant proposes or seeks authority to construct, install or maintain any cable equipment or facilities; a detailed description of the equipment or facilities proposed to be constructed, installed or maintained therein; and the proposed specific location thereof;

D. A map specifically showing and delineating the existing and proposed service area or areas within which applicant proposes to provide cable services and for which a franchise is requested;

E. A statement or schedule setting forth the number of channels and all of the television or radio stations proposed to be received, transmitted, conducted, relayed, or otherwise conveyed over the cable system;

F. A statement or schedule in a form approved by the city manager of proposed rates and charges to subscribers for installation and services, and a copy of proposed subscription agreement between the grantee and its subscribers shall accompany the application;

G. A copy of any contract, if existing, between the applicant and any public utility providing for the use of facilities of such public utility, such as poles, lines, or conduits;

H. A statement setting forth all agreements and understandings, whether written, oral or implied, existing between the applicant and any person, firm or corporation with respect to the proposed franchise or the proposed cable operation. If a franchise is granted to a person, firm, or corporation posing as a front or as the representative of another person, firm, or corporation and such information is not disclosed in the original application, such franchise shall be deemed void and of no force and effect whatsoever;

I. A financial statement prepared by a certified public accountant or person otherwise satisfactory to the city, showing applicant's financial status and his or her financial ability to complete the construction and installation of the proposed cable system;

J. The city may at any time demand and applicant shall provide, such supplementary, additional or other information as the city may deem reasonably necessary to determine whether the requested franchise should be granted.

(Res. 1582 § 2(part), 2007; Ord. 320 § 19.1, 1991)

Upon consideration of any such application, the council may refuse to grant the requested franchise or the council may by resolution grant a franchise for a cable system to any such applicant as may appear from said application to be in its opinion best qualified to render proper and efficient cable service to television viewers and subscribers in the city. The council's decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form part of the franchise as granted.

(Ord. 320 § 19.2, 1991)

Any franchise agreement granted pursuant to this chapter shall include the following condition:

The Cable System herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by Ordinance of the City and no other purpose whatsoever.

Inclusion of the foregoing statement in any such franchise shall not be deemed to limit the authority of the city to include any other reasonable condition, limitation or restriction which it may deem necessary to impose in connection with such franchise pursuant to the authority conferred by this chapter.

(Ord. 320 §19.3, 1991)

Prior written approval of the city shall be required for any sale, transfer, assignment, mortgage, pledge, lease, sublease or other transfer of any right, title or interest in grantee or any substantial amount of property of grantee located within any franchise area hereunder. Any prior written approval of the city of any such transfer shall indicate that any such transfer shall be subject and subordinate to the rights of the city under any franchise agreement granted hereunder, and the transferee shall acknowledge in writing such subordination and agreement to comply with and be bound by all of the terms, conditions, and requirements of the franchise agreement, as well as this chapter.

A grantee shall file written notice with the city as soon as it acquires knowledge of any impending transaction or other event for which the consent of the city is required under this section. The notice shall state the name and address of the interested parties in the transaction, and enclose a copy of any executed or proposed agreement between the interested parties. Furthermore, the grantee shall agree to provide any and all information and documentation requested by the city in connection with its review of any proposed transfer. By its acceptance of the franchise, the grantee agrees that any such acquisition occurring without prior approval of the city council shall constitute a violation of the franchise by the grantee. City shall use discretion in its review and decision and exercise judgment, but approval shall not be unreasonably withheld.

(Ord. 320 §19.4, 1991)

Any franchise granted under this chapter may be renewed at the application of the grantee in accordance with Sections 5.04.720 through 5.04.750.

(Ord. 320 §20, 1991)