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A. Application for a franchise under this chapter shall be in writing, shall be filed with the City Clerk, and 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 officers, major stockholders and associates, and the names and addresses of parent and subsidiary companies;

2. A statement and description of the CATV 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 the 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, and/or whether such lines and amplifiers shall be placed underground;

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

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

5. 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 the proposed service agreement between the grantee and its subscribers shall accompany the application. For unusual circumstances, such as underground cable required, or more than one hundred fifty (150) feet of distance from existing subscriber tap to structure point of entry, an additional installation charge over that normally charged for installation as specified in the applicant’s proposal may be charged, with easements to be supplied by subscribers. For remote, relatively inaccessible subscribers within the City, service may be made available on the basis of cost of materials, labor and easements if required by the grantee;

6. 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;

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 CATV 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;

8. A current financial statement or statements prepared by a certified public accountant, or person otherwise satisfactory to the Council, showing applicant’s financial status and their financial ability to complete the construction and installation of the proposed CATV system;

9. The City Council may at any time demand, and the 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.

B. Upon consideration of any such application, the City Council may grant a franchise for CATV to such applicant as may appear from said application to be in its opinion best qualified to render proper and efficient CATV service to television viewers and subscribers in the City. The City Council’s decision in the selection will be final. It is the intention of this chapter that the franchise shall not be granted upon a cash auction bid, but that the Council shall consider those factors set forth in Government Code Section 53066 in granting the franchise, including, but not limited to, the following:

1. Quality of service offered;

2. Rates to the subscriber;

3. Experience of the applicant in the CATV field;

4. Financial responsibility and capability of the applicant;

5. Applicant’s proposal for providing service to local schools, colleges and city installations;

6. Whether applicant has a contract with a public utility providing for use of facilities of such public utility in the City, such as poles, lines and conduits;

7. Whether the system will be undergrounded;

8. Such other factors as the Council considers necessary in protecting the public interest.

C. 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 CATV system to any such applicant as may appear from said application to be in its opinion best qualified to render proper and efficient CATV service to the television viewers and subscribers in the City. The City 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. The City Council may make such conditions as may be found to be in the best interests of the City.

D. Any franchise granted pursuant to this chapter shall be subject to the condition that the CATV system thus franchised shall be used and operated solely and exclusively for the purposes expressly authorized by this code and no other purpose whatsoever except as may be allowed by law. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)