San Jose Municipal Code Part 3 Application for Franchise

All applications for franchises or franchise renewals under the provisions of this chapter shall be in writing and shall be filed in the office of the city clerk.

(Prior code § 10123.1; Ord. 22101.)

A. Each application for a franchise shall contain the following information:

1. 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, main offices, major stockholders and associations, and the names and addresses of parent and subsidiary companies;

2. A statement of the type of franchise applied for, and a general description of what applicant proposes to do pursuant to the requested franchise;

3. 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;

4. A description, in detail, of the public streets, public places and proposed public streets within which applicant proposes or seeks authority to construct, install or maintain any cable television 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;

5. A map specifically showing and delineating the proposed service area or areas within which applicant proposes to provide people of the city with cable television services and for which a franchise is requested;

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

7. 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 system. If a franchise is granted to a person, firm, group or corporation posing as a front or as the representative of another person, firm, group 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.

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

(Prior code § 10123.2; Ord. 22101.)

Upon receiving an application for a franchise under the provisions of this chapter, the city clerk shall present the same to the council at the next regular meeting. The council shall thereupon, or within a reasonable time thereafter, pass a resolution giving notice of the application and of the time and place of a public hearing thereon. The resolution shall give notice that an application has been filed for a cable television franchise under and pursuant to the provisions of this chapter, shall refer to the application on file in the office of the city clerk for full information respecting such application, and shall contain a notice of the time and place the council will hear persons desiring to be heard in favor of or in opposition to the granting of a franchise to applicant.

(Prior code § 10123.3; Ord. 22101.)

The hearing on an application for a franchise shall be held not earlier than the fourteenth day immediately following the date of adoption of the resolution giving notice of the application. The city clerk shall cause the resolution giving notice of the application and of the time and place of hearing thereon to be published in a newspaper of general circulation in the city at least twice the first publication to be not later than the tenth day immediately preceding the date of hearing.

(Prior code § 10123.4; Ord. 22101.)

At the hearing on an application for a franchise, the council shall give all persons desiring to be heard a reasonable opportunity to present evidence or to be otherwise heard in favor of or in opposition to the granting of a franchise to the applicant. At such hearing, the council may demand such additional information as it may deem relevant and necessary. The hearing may be continued or adjourned, from time to time, to a stated time and place without the giving of further notice.

(Prior code § 10123.5; Ord. 22101.)

A. Upon conclusion of the hearing on the application for a franchise, or within a reasonable time thereafter, the council shall render its decision thereon. If it deems such action to be for the public good, it may refuse to grant the requested franchise, or it may, by ordinance, grant the same, or it may, by ordinance, grant such other cable television franchise as it may deem to be for the public good, subject to such terms, conditions, rules, regulations, restrictions and limitations, governmental or contractual in nature, as it may deem advisable to protect individual subscribers to the services of the cable system, to preserve the rights, interests and liability of the city in its streets and public places, and to otherwise protect the interests of the city and its people.

B. In making its decision, the council may consider whether the applicant is qualified, or better qualified than others, to render prompt and efficient cable television service to subscribers; quality of service; rates to the subscriber; income to the city; experience and financial responsibility of the applicant; and any other consideration that will safeguard the city's public interest.

C. The cable television franchise granted by the council to the applicant need not be identical to or the same as that requested by applicant, but may vary or be different therefrom. For example, the rights or privileges granted thereby may be less or more limited than those requested by applicant.

D. No franchise shall be granted except by ordinance. No franchise shall become effective unless and until all things required by the provisions of Part 4 of this chapter have been done and completed.

(Prior code § 10123.6; Ord. 22101.)

A. Any applicant for renewal of a franchise granted pursuant to this chapter shall file an application in the office of the city clerk. Such application shall contain the information required of a franchise applicant by subparts Al and A2 of Section 15.28.210 of this chapter.

B. At any time during a franchise term or after the expiration of a franchise granted pursuant to this chapter, the council may negotiate the terms of a renewal of such franchise. Such renewal may be granted after ten days notice to the general public by publication in a newspaper of general circulation in the city of a summary of such renewal and a hearing to permit the public to comment on the terms of such renewal. Such renewal shall be by ordinance and shall become effective upon compliance by the applicant with the provisions of Part 4 of this chapter.

C. In lieu of proceeding to negotiate and grant a franchise renewal pursuant to subsections A and B of this section, the council may, on its own initiative, or must, upon the request of grantee, during the six-month period which begins with the thirty-sixth month before the franchise expires, commence renewal proceedings according to the procedures set forth in the section 626 of the cable act.

(Ord. 22101.)