§ 1-10-201. Considerations for issuance.

(a)

The board/franchising authority may issue one (1) or more franchises from the applications filed and considered at a public hearing after taking into consideration the following factors:

(1)

The financial stability of the applicant and the ability of the applicant to make the necessary investment to erect, operate and maintain the proposed cable system;

(2)

The quality and technical reliability of the proposed system based upon the proposed plan of construction and the method of distribution of signals;

(3)

The experience of the applicant in the erection, operation and maintenance of a cable television system;

(4)

The location and type of permanent facilities proposed to be constructed for such cable television system;

(5)

The economic impact upon private property within the franchise area;

(6)

The public need for such a franchise, if any;

(7)

The capacity of public rights-of-way to accommodate the cable system;

(8)

The present and future use of the public rights-of-way to be used by the cable system;

(9)

The potential disruption to existing users of the public rights-of-way to be used by the cable system and the resultant inconvenience which may occur to the public; and

(10)

Other societal interests as are generally considered in cable television franchising.

(b)

The board/franchising authority shall notify in writing all applicants of its decision within thirty (30) days from the adjournment of such public hearing. The notice shall specify the aforementioned factors that were determinative of its decision. All of the statements and declarations contained in the application shall be incorporated as conditions and material representations of any franchise that is issued by the board/franchising authority, and the breach of any such conditions and representations shall constitute cause for terminations of the franchise by the board/franchising authority.

(Ord. No. 97-023, § 1, 4-22-97)