Point Arena Municipal Code § 5.15.080 Applications for new franchise

(1) Each application for a franchise to construct, operate, or maintain any cable television systems in this city shall be filed with the city clerk and shall contain or be accompanied by the following:

(a) The name, address, and telephone number of the applicant.

(b) The exact boundaries of the area within the city for which the franchise is sought; said area being herein referred to as the "franchise area."

(c) 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:

(i) The names, residence, and business addresses of all officers, directors, and associates of the applicant;

(ii) 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;

(iii) The names and addresses of any parent or subsidiary of the applicant, namely any other business entity owning or controlling 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 television systems owned or controlled by the applicant, its parent and subsidiary, and the area served thereby;

(iv) A detailed description of all previous experience of the applicant in providing cable television system service in related or similar fields;

(v) A detailed and complete financial statement of the applicant, prepared by a certified public accountant, for the fiscal year next preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a recognized lending institution or funding source addressed to both the applicant and the council, 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 system in the city, or a statement from a certified public accountant certifying that the applicant has available sufficient free, net and uncommitted cash resources to construct and operate the proposed system in this city;

(vi) A statement identifying, by place and date, any other cable television franchise or franchises awarded to the applicant, its parent or subsidiary, the status of said franchise or franchises with respect to completion thereof, the total cost of completion of such system or systems, and the amount of applicant's and its parent's or subsidiary's resources committed to the completion thereof.

(2) Each such application for a franchise shall further provide a detailed description of the proposed plan of operation of the applicant which shall include, but not be limited to, the following:

(a) A detailed map indicating all franchise areas proposed to be served, and a proposed time schedule for the installation of all equipment necessary to become operational throughout each entire franchise area to be served;

(b) 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 said classifications including installation charges and service charges;

(c) A detailed, informative, and referenced statement describing the actual equipment operational standards, channel capacity and services proposed by the applicant. In no event shall said operational and performance standards be less than those contained in the guidelines or rules and regulations of the Federal Communications Commission;

(d) A copy of the form of any agreement, undertaking, or other instrument proposed to be entered into between the applicant and any subscriber;

(e) 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 the applicant and any person, firm, or corporation which materially relate or pertain to or depend upon the application and the granting of the franchise.

(3) A 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 the use of any facilities of the public utility including, but not limited to, poles, lines, or conduits.

(4) Any other details, statements, information or references pertinent to the subject matter of such application which shall be required or requested by the council or by any provision of any other ordinance of the city.

(5) An application fee in the sum of $1,000, 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. In the event that such costs exceed the amount of the application fee or fees, the city shall be reimbursed by the applicant for such excess costs; provided, that the application is approved.

(Ord. 127 § 4.04.080, 1987.)

(1) Each application for a franchise to continue to operate or maintain an existing cable television system in this city shall be filed with the city clerk and shall contain or be accompanied by the following:

(a) The name, address, and telephone number of the applicant;

(b) The exact boundaries of the area within the city for which the renewal is sought; said area being herein referred to as the "franchise area";

(c) 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:

(i) The names, residence, and business addresses of all officers, directors, and associates of the applicant;

(ii) 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, unless the applicant is a corporation whose shares are traded on a listed stock exchange;

(iii) The names and addresses of any parent or other business entity owning or controlling applicant in whole or in part and a statement describing the nature of such owning or controlling entity. Applicant shall also provide a list of all other cable television systems, and their locations, owned or controlled by it or by the business entity owning or controlling the applicant;

(iv) An annual shareholder's report for the immediately prior fiscal year; if applicant is not a corporation, a report containing such information as would be contained in a stockholder's report. Such report shall subsequently be furnished to city on an annual basis;

(v) Any other details, statements, information, or references pertinent to the subject matter of such application which shall be required or requested by the council or by any provision of any other ordinance of the city;

(vi) Any fee or fees to which an applicant would be subject pursuant to PAMC 5.15.080(5).

(2) An applicant shall likewise furnish all that information required by PAMC 5.15.080(2)(a), (b), (c) and (d).

(Ord. 127 § 4.04.085, 1987.)

(1) The council may, by advertisement or any other means, solicit and call for applications for cable television system franchises, and may determine and fix any date upon or after which the same shall be received by the city, or the date before which the same must be received, or the date after which the same not be received, and may make any other determinations and specify any other times, terms, conditions, or limitations respecting the soliciting, calling for, making, and receiving of such applications.

The grantee shall pay to the city a sum of money sufficient to reimburse it for all expenses incurred by it in connection with the granting of a franchise pursuant to the provisions of this chapter. Such payment shall be made within 30 days after the city furnishes the grantee with a written statement of such expenses.

(2) Upon receipt of any application for franchise, the council shall refer the same to the city manager, who shall prepare a report and make his recommendations respecting such application and cause the same to be completed and filed with the council within 60 days.

(3) In making any determination hereunder as to any application, the council may give due consideration to the quality of the service proposed, rates to subscribers, income to the city, experience, character, background and financial responsibility of any applicant, and its management and owners, technical and performance quality of equipment, willingness and ability to meet construction and physical requirements, and to abide by policy conditions, franchise limitations and requirements, and any other considerations deemed pertinent by the council for safeguarding the interests of the city and the public. The council, in its discretion, shall determine the award of any franchise on the basis of such considerations and without competitive bidding.

(4) If the council shall determine to reject such application, such determination shall be final and conclusive, and the same shall be deemed rejected.

(5) If the council shall determine to further consider the application, the following shall be done:

(a) The council shall decide and specify the terms and conditions of any franchise to be granted hereunder and as herein provided.

(b) The council shall pass its resolution of intention to consider the granting of such a franchise, giving notice of receipt of the application, and describing the character of the franchise desired, stating the name of the proposed grantee, the character of the franchise, the terms and conditions upon which such franchise is proposed to be granted, that copies of the proposed franchise may be obtained at the office of the city clerk, fixing and setting forth a day, hour, and place certain when and where any persons having any interest therein or objection to the granting thereof may file written protests and appear before the council and be heard, and directing the city clerk to publish said resolution at least once within 10 days of the passage thereof in a newspaper of general circulation within the city.

(6) At the time set forth the hearing, or at any adjournment thereof, the council shall proceed to hear all written protests. Thereafter, the council shall make one of the following determinations:

(a) That such franchise be denied; or

(b) That such franchise be granted upon the terms and conditions as specified in the resolution of intention to grant the same; or

(c) That such franchise be granted, but upon the terms and conditions different from those specified in the resolution of intention to grant the same.

(7) If the council shall determine that a franchise be denied, such determination shall be expressed by minute order or resolution and shall be final and conclusive.

(8) If the council shall determine that a franchise be granted upon the terms and conditions as specified in the resolution of intention to consider granting the same, such determination shall be expressed by ordinance or resolution granting a franchise to the applicant.

(9) If the council shall determine upon granting a franchise upon terms and conditions different from those specified in the resolution of intention to consider granting the same, then such determination shall be expressed by resolution adopted prior to granting a franchise by ordinance.

(Ord. 127 § 4.04.090, 1987.)

(1) No franchise granted under this chapter shall become effective for any purpose unless and until written acceptance thereof shall have been filed with the city clerk. Written acceptance, which shall be in the form and substance approved by the city attorney, shall also be and operate as an acceptance of each and every term, condition, and limitation contained in this chapter, and in such franchise, and as otherwise specified herein.

(2) The written acceptance shall be filed by the grantee not later than 12:01 p.m. of the thirtieth day next following the effective date of the ordinance or resolution granting such franchise.

(3) In default of the filing of such written acceptance as herein required, the grantee shall be deemed to have rejected and repudiated the franchise. Thereafter, the acceptance of the grantee shall not be received nor filed by the city clerk. The grantee shall have no rights, remedies, or redress in the premises unless and until the council, by resolution, shall determine that such acceptance be received or filed and then upon such terms and conditions as the council may impose.

(4) In any case, and in any instance, all rights, remedies, and redress in these premises which may or shall be available to the city shall at all times be available to the city and shall be preserved and maintained, and shall continuously exist in and to the city, and shall not be in any manner or means modified, abridged, altered, restricted, or impaired by reason of any of these premises, or otherwise.

(Ord. 127 § 4.04.100, 1987.)