§ 25-2-103. GRANT OF NEW FRANCHISE; EXTENSION.

(a)

Franchise not more than 15 years; extension.

(1)

The County Council may grant a franchise for a period of not more than 15 years.

(2)

After review and for additional consideration deemed adequate by the Council, the County Council may modify a franchise by extending it for not more than five years.

(b)

Application. An application for the grant of a new franchise shall contain:

(1)

The name and address of the applicant;

(2)

Identification of the ownership and control of the applicant, including:

(i)

The names and addresses of the 10 largest holders of an ownership interest in the applicant;

(ii)

All persons with 5% or more ownership interest in the applicant;

(iii)

The persons controlling the applicant;

(iv)

All officers and directors of the applicant; and

(v)

Any other business affiliation and cable system ownership interest of each person named under this paragraph;

(3)

A demonstration of the applicant's technical, financial, and legal ability to construct and operate the proposed cable system, including identification of key personnel;

(4)

A description of the applicant's prior experience in cable operations and an identification of communities in which the applicant or the applicant's principals have, or had, a cable franchise or an interest in a cable franchise;

(5)

A detailed description of the system and technology to be utilized, including channel capacity, technical design, performance characteristics, and access facilities to be provided;

(6)

A description of the construction of the proposed system, including:

(i)

An estimate of above-ground and below-ground cable miles and location;

(ii)

The proposed construction schedule;

(iii)

A description, if appropriate, of how services will be converted from existing facilities to new facilities; and

(iv)

Information on the availability of space on poles and conduits;

(7)

A description of services to be provided initially, including:

(i)

Service tiers to be offered;

(ii)

Identification of signals and services to be included in each tier; and

(iii)

Any communications services;

(8)

The proposed rate structure, including charges for each service tier, installation, equipment, and other services;

(9)

A description of how the applicant's proposal will reasonably meet the future cable-related interests of the county;

(10)

Pro forma financial projections for the first 5 years of the franchise term, including:

(i)

A statement of income;

(ii)

A balance sheet;

(iii)

Sources and uses of funds;

(iv)

A schedule of capital additions; and

(v)

An explanation of all significant assumptions under this paragraph in notes or supporting schedules;

(11)

An affidavit of the applicant or authorized officer:

(i)

Certifying the truth and accuracy of the information in the application;

(ii)

Acknowledging the enforceability of application commitments; and

(iii)

Verifying that the proposal meets all state and federal requirements; and

(12)

Any other information requested by the county.

(c)

Condition of franchise.

(1)

The County Council may condition the granting of a new franchise on:

(i)

The completion of construction within a prescribed time; and

(ii)

The performance of other specific obligations.

(2)

Notwithstanding the revocation procedures under § 25-2-108 of this title, failure of a franchisee to comply with required conditions in a timely manner shall cause the franchise to be subject to revocation without further action by the County Council.

(3)

The Council may grant an extension of time for good cause shown.

(d)

Considerations for granting a new franchise. In evaluating an application for a new franchise, the County Council shall consider:

(1)

The applicant's technical, financial, and legal qualifications to construct and operate the proposed cable system;

(2)

The applicant's record in other communities, if any; and

(3)

Whether the proposal will meet the future cable-related needs of the community and serve the public interest.

(e)

Basis of grant or denial of franchise. The County Council shall grant or deny a franchise based on:

(1)

The franchise application;

(2)

Written and oral testimony presented at a public hearing before the County Council; and

(3)

Any other information relevant to the application.

(f)

90-day limit to reach franchise agreement.

(1)

If the County Council grants a franchise to the applicant, the county and the applicant shall agree on the terms of a franchise agreement within 90 days after the date of the resolution granting the franchise.

(2)

The County Council may extend the 90-day period.

(3)

If the county and applicant do not agree on a franchise agreement within 90 days and the County Council does not extend the period, the franchise grant is void without further action by the County Council.

(g)

Public comment on franchise agreement. The County Council shall:

(1)

Make the proposed franchise agreement between a franchisee and the county available for public inspection and comment for a period of 21 days; and

(2)

Following the opportunity for public comment, approve or disapprove the proposed franchise agreement.

(h)

Franchise acceptance fee.

(1)

The County Council may require the payment of a new franchise acceptance fee in an amount not exceeding the county's out-of-pocket expenses in considering the application, less the amount of the filing fee, if any is required by the County Council under § 25-2-102(c) of this title.

(2)

The Council shall notify the franchisee of the amount of the acceptance fee and the method of calculating the fee, within 30 days after the County Council resolution approving the franchise agreement.

(3)

If the franchisee does not pay the franchise acceptance fee within 30 days after the County Council notice of the fee, the grant is void.

(1988 Code, §§ 8-16, 8-19) (Bill No. 134-97, §§ 1, 2, 12-5-1997; Bill No. 31-03, § 2, 7-1-2004; Bill No. 103-04, 1, 10-29-2004)