Sec. 12-11. - Grant of franchise.

The terms of this Article III shall not apply to applications for renewal of a franchise unless required by the franchise renewal process resolution as adopted by the board pursuant to section 12-4.

(1)

The grantor may grant a franchise to any person who offers to provide a cable system under and pursuant to this chapter.

(2)

Consistent with applicable law, no provision of this chapter shall require the granting of a franchise when, in the sole opinion of the grantor, it is in the public interest not to do so.

(3)

The purpose of a franchise and franchise agreement shall be to identify and authorize its specific grantee and to identify and specify those terms, conditions, definitions, itemizations, specifications and other particulars of the agreement between the grantor and the grantee which it represents. In so doing, franchise agreement may clarify, extend and interpret the provisions of this chapter. Where a franchise agreement and this chapter conflict, both shall be liberally interpreted to achieve a common meaning or requirement. In the event this is not possible within reasonable limits, the terms of this chapter shall prevail.

(4)

The award of a franchise authorizing the use of streets, public property or public areas or ways for private purposes shall be deemed consideration by the grantee in the form of agreement to provide the system and cable service offered in accordance with the provisions hereof and of the franchise agreement.

(5)

Neither this chapter nor a franchise granted under it shall relieve a grantee of any requirement of the grantor or of any ordinance, rule, regulation or specifications of the grantor now or hereafter in effect, including, but not limited to, the payment of all normal permit and inspection fees, so long as the ordinance, rules, regulations or specifications do not materially conflict with or alter the express terms of this chapter, the franchise and the franchise agreement.

(6)

No privilege shall be granted or conferred by a franchise except those specifically prescribed herein or in the franchise agreement.

(7)

Any person who provides a system or cable service as defined herein shall be deemed a grantee and shall not do so except in accordance with a franchise granted hereunder. If such grantee uses distribution channels furnished by a telephone company or other public utility, the grantee shall nevertheless be required to comply with all of the provisions of this chapter.

(Ord. No. 543, § 2, 8-22-95)

Sec. 12-12. - Application required.

Any person desiring a franchise shall file an application with the county. A non-refundable application fee established by the county shall accompany the application to cover all 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 costs exceed the application fee, the applicant shall pay the difference to the county within 30 days following receipt of an itemized statement of such costs from the county. In the event such application fee exceeds the amount of such costs, the county shall refund the amount of the excess to the applicant within 30 days following completion of the proceedings relating to such application.

(Ord. No. 543, § 2, 8-22-95)

Sec. 12-13. - Application; contents.

An application for a franchise shall contain, where applicable:

(1)

The name and legal status of the applicant and the address of the applicant's business office that will be responsible for the applicant's operations within the county.

(2)

Designation of the specific area proposed to be served.

(3)

Resume of prior history of the applicant, including the expertise of the applicant in the cable television field.

(4)

List of the partners, general and limited, if the applicant is a partnership and a list of the persons involved if the applicant is a joint venture.

(5)

List of the names and addresses of stockholders of applicant and percentage of stock owned or controlled by each shareholder. List shall include all persons having a legal or equitable interest in five percent or more of the applicant's voting stock.

(6)

List of officers, directors and managing employees of applicant, together with a description of education and business background of each such person.

(7)

A current financial statement of the applicant verified by an audit of an independent certified public accountant or otherwise certified to be true, complete and correct to the reasonable satisfaction of the county.

(8)

A proposed construction schedule.

(9)

A street map of the area proposed to be served showing the location of proposed or existing head-end site (antenna site) and business office, including a detailed description of all streets and public property or other public areas or ways within or on which the applicant proposes to install, operate and maintain its cable system.

(10)

Proposed rates and charges and a copy of the proposed service agreement between the applicant and its subscribers.

(11)

Itemized list of all electronic equipment to be used, channels to be provided, pay TV or additional service, and type of converter.

(12)

Market survey of the area and financial projections for operation of the cable system covering a period of at least ten years.

(13)

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.

(14)

A signed certification by an authorized officer or other representative of the applicant indicating whether any principal, officer, director or managing employee:

a.

Has ever been convicted of a felony or held liable for acts involving violation of any tax or securities law, or is presently under any indictment for any such acts;

b.

Has ever had a judgment in an action for bankruptcy, fraud, deceit or misrepresentation entered against him or them by any court of competent jurisdiction; or

c.

Has pending any legal claim, lawsuit or administrative proceeding arising out of or involving any cable television system or cable services.

(15)

Any reasonable additional requirements or information that the county deems to be applicable.

(Ord. No. 543, § 2, 8-22-95)

Sec. 12-14. - Setting for public hearing.

The grantor may, by advertisement or any other means, solicit and call for applications for franchises, and may determine and fix any date upon or after which the same shall be received by the grantor, or the date before which the same must be received, or the date after which the same shall not be received, and may make any other determinations and specify any other requirements for the soliciting, calling for, making and receiving of such applications. Upon receipt of any application for a franchise, the board shall refer the same to the county administrative officer, who shall prepare a report and make his recommendations respecting such applications. The clerk shall set applications for hearing at a time and date approved by the board.

(Ord. No. 543, § 2, 8-22-95)

Sec. 12-15. - Notice of hearing.

Not less than 15 days before the hearing, the clerk shall give notice to the applicants in writing of the time, date and place of hearing. The clerk shall serve such notice upon the applicants either by first-class mail, postage-prepaid, or by personal delivery to the address of the applicants' business offices stated in the applications.

(Ord. No. 543, § 2, 8-22-95)

Sec. 12-16. - Comments by interested persons.

Any time after the filing of an application as provided in this chapter, and prior to the hearing thereon, any person interested may file with the clerk written comments, protests, and/or suggestions, either for or against the granting of the franchise or to suggest any terms and conditions which should be included in the franchise.

(Ord. No. 543, § 2, 8-22-95)

Sec. 12-17. - Conduct of hearing.

At the time and place set for the hearing or at the time and place to which the hearing may be continued by the board, the board shall hear the applicants, who may present any relevant evidence to show why the franchise should be granted and why certain terms or conditions should be imposed or not imposed on such franchise if granted, and also shall hear testimony or statements of other persons who may attend the hearing.

(Ord. No. 543, § 2, 8-22-95)

Sec. 12-18. - Decision after hearing

Within 60 days after the close of the hearing, the board shall make a decision based on the applications and the evidence received at the hearing as to whether or not an application should be granted and, if granted, subject to what conditions. The board may grant one or more franchises or may decline to grant any franchise. The board shall send a copy of its decision to the applicants.

(Ord. No. 543, § 2, 8-22-95)