Lincoln Municipal Code Art. II Issuance of Licenses

Applications for a license shall be made upon a form or format approved by the city manager.

(Ord. 747B §3(part), 2003)

Applications for a license shall include such information as shall be required by the city manager in order for the city to make an informed judgment as to whether to grant a license. The application requirements shall include at least the following:

(1) The identity of the applicant;

(2) Evidence that the applicant has sufficient liability insurance to protect the interests of the city and its citizens from any bodily harm and/or property damage resulting from the operations of the licensee as set forth in article VII of this chapter;

(3) Evidence that the applicant will be able to file with the city a surety bond, or similar security instrument, in an amount of not less than $250,000.00, which will protect city property from a failure of the licensee to repair any damage to city property or private property occasioned by its operations;

(4) A service activation plan (SAP) utilizing census tract or similar demographic data that demonstrates that the applicant will provide CATV service throughout the city on a basis that does not discriminate against lower income or minority residents. Such a plan shall provide, among other things, which subareas of the city will be served in what sequence and over such period of time; provided, however, that unless otherwise authorized by the city council the SAP shall provide for complete activation of CATV service throughout the entire city within not more than five years.

(Ord. 747B §3(part), 2003)

Upon submitting an application for a license, or for the renewal or transfer of a license, an applicant shall submit an application fee deposit in the amount of $5,000.00. Applicants shall pay the full cost of the city's review of an application for issuance or renewal or a license, including the cost of any consultants or attorneys reasonably retained by the city. In the event that the city's cost of reviewing an application is less than the deposit, the city shall refund the difference. In the event that the city's cost of reviewing an application is greater than the deposit, the applicant shall pay the difference to the city prior to the issuance of the license.

(Ord. 747B §3(part), 2003)

(a) The city manager shall forward to the city council each application for a CATV license. The city council shall determine whether the conditions of this chapter are met and, if so, it shall issue the license.

(b) Granting of a license and the associated required construction permits are ministerial and are determined to be an exempt project for purposes of the California Environmental Quality Act pursuant to Public Resources Code Section 21080(a) and CEQA Guidelines Section 15268. The applicant shall be responsible for the city's cost of preparing and filing a notice of exemption, the cost for which shall be paid from the application fee deposit.

(c) No license shall be issued to any applicant who:

(1) Materially misrepresents any information on the license application or otherwise to the city in the course of pursuing a license;

(2) Fails to provide all information required by this chapter or as requested by the city manager;

(3) Is unable to demonstrate the ability to provide insurance as provided by article VII of this chapter or to provide a surety bond or other security instrument regarding the repair of city or private property;

(4) Who has been previously issued a license that has been terminated pursuant to article VIII of this chapter, or who has a financial interest in any such terminated license.

(Ord. 747B §3(part), 2003)

A license granted under this chapter shall be valid for a period of five years, which shall be automatically extended for an additional ten years if the licensee has completed construction under its approved SAP.

(Ord. 747B §3(part), 2003)

Any CATV system licensed pursuant to the provisions of this chapter shall provide equal and uniform cable television service and rates, charges and fees throughout the city to all dwelling units which it serves, provided that a licensee shall be free to offer and/or charge non-uniform rates, charges and fees, consistent with federal law, to those customers or potential customers where:

(1) Cable television services are then presently available from another cable television provider offering such services pursuant to a franchise, license or other authorization issued by the city; and/or

(2) Promotional offers are offered with a reduced or waived rate, charge, or fee not to exceed 12 months for any customer for any given offer.