§ 1-10-198. Application procedure; acceptance; claim of unreasonableness.

(a)

Grant required. This article itself grants no authority to operate a cable television system to any person. Such grants are only made by the adoption of a separate franchise, franchise resolution, or franchise agreement awarding a specific franchise to an applicant who has complied with the provisions of this article.

Application; contents. Any person interested in obtaining a franchise to operate a cable television system in the franchise area shall submit a written application to the board/franchising authority. Said application shall contain the following information:

(1)

The name, address and form of business of the applicant. If the applicant is a corporation it shall also state the names, addresses and occupations of its officers, directors and major stockholders and the names and addresses of any parent or subsidiary companies. If the applicant is a corporation controlled by another corporation, the names, addresses and occupations of the officers; directors and major stockholders of the controlling corporation shall also be stated. If the applicant is a partnership or other unincorporated association, the names and addresses of each member, whether active or inactive, shall be set forth. If the applicant includes one (1) or more partners or corporations, the names, addresses and occupations of such partners or such corporations' officers, directors and major stockholders, shall also be stated;

(2)

A general description of the applicant's proposed system including the proposed plan of construction and method of a distribution;

(3)

A statement or schedule of proposed rates and charges to subscribers, for information purposes only;

(4)

The applicant shall furnish one (1) of the following:

a.

A financial statement in such form as shall be approved by the county for the last current fiscal year; or

b.

A letter or other suitable written evidence from a recognized lending or funding source addressed to both the applicant and the board/franchising authority advising that this lending or funding source has studied the cable system and the applicant's financial ability and has agreed to make the necessary funds available to the applicant for construction of the proposed system if the franchise is issued;

(5)

A description of the service area that the applicant intends to serve by the proposed cable system. A precise, legal description will not be necessary, but a map or concise, plain verbal description, leaving no question of area, should be submitted;

(6)

The proposed method of use of the streets, alleys, public ways and public places of the county and the method of placement of the necessary wires, poles, cables, underground conduit, conductors and fixtures to operate and maintain the proposed system;

(7)

The number of channels that the proposed cable system will carry and the channel system that will be authorized, for information purposes only;

(8)

A copy of any contract which may exist between the applicant and any public utility providing for the use of such utility's property such as pipelines or conduits;

(9)

A statement setting forth all agreements and understandings, whether written, oral or implied, between the applicant and any other person with respect to the proposed franchise or the proposed cable television operation. If a franchise should be granted to a person posing as a front or representative of another undisclosed person, such franchise shall be deemed void ab initio and have no force and effect whatsoever;

(10)

An estimate of the cost of constructing the applicant's proposed system; and

(11)

A sworn statement acknowledging the applicant's familiarity with and eligibility under the provisions of this article and the rules of the FCC and its intention to abide by the same.

(Ord. No. 97-023, § 1, 4-22-97)