Tracy Municipal Code Art. 2 Franchise Applications and Renewal

Any person desiring an initial franchise for a cable system shall file an application with the City. A reasonable nonrefundable initial application fee established by the City shall accompany the initial franchise application to cover all validly documented costs associated with processing and reviewing the application, including without limitation costs of administrative review, financial, legal and technical evaluation of the applicant, consultants (including technical and legal experts and all costs incurred by such experts), notice and publication requirements with respect to the consideration of the application and document preparation expenses. In the event such validly documented reasonable costs exceed the application fee, the selected applicant(s) shall pay the difference to the City within thirty (30) days following receipt of an itemized statement of such costs.

(Ord. 1025 § 6 (part), 2001)

An application for an initial franchise for a cable system shall contain, where applicable:

(a) A statement as to the proposed franchise and service area;

(b) A summary of prior history of the applicant, including the expertise of applicant in the cable system field;

(c) A list of the partners, general and limited, of the applicant, if a partnership, or the percentage of stock owned or controlled by each stockholder having a five (5%) percent or greater interest, if a corporation;

(d) A list of officers, directors and managing employees of the applicant, together with a description of the experience of each such person;

(e) The names and addresses of any parent or subsidiary of the applicant or any other business entity owning or controlling the applicant in whole or in part, or owned or controlled in whole or in part by the applicant;

(f) A current financial statement of the applicant verified by a Certified Public Accountant audit or otherwise certified to be true, complete and correct to the reasonable satisfaction of the City;

(g) A proposed construction and service schedule;

(h) Any reasonable relevant additional information that the City deems applicable.

(Ord. 1025 § 6 (part), 2001)

(a) Upon receipt of any application for an initial franchise, the City Manager or a designee shall prepare a report and make recommendations respecting such application to the Council.

(b) If the Council accepts the report, a public hearing shall be set within sixty (60) days of any such acceptance, at a time and date approved by the Council. Within sixty (60) days after the close of the hearing, the Council shall make a decision based upon the report of paragraph (a) above and any evidence received at the hearing as to whether or not the initial franchise(s) should be granted, and, if granted, subject to what conditions. The Council also shall make the findings required by California Government Code section 53066.3. The Council may grant one or more franchises, or may deny a grant of any franchise based upon the criteria of section 6.9 and applicable law.

(Ord. 1025 § 6 (part), 2001)

Franchise renewals shall be processed in accordance with applicable law. Grantor and grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the franchise.

(Ord. 1025 § 6 (part), 2001)