§ 21-41. Application for a franchise.

(1)

Applying for an open video system franchise.

(A)

Any person may file an application for an open video system franchise on their own initiative, or in response to a request for proposals.

(B)

To be accepted for filing an original and six (6) copies of a complete application must be submitted to the purchasing division, financial management department. All applications shall be available for public inspection.

(C)

Every application shall be accompanied by a nonrefundable fee in amounts established from time to time by the city commission by resolution.

(D)

An applicant that is awarded a franchise or license, shall pay to the city a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of a franchise or license pursuant to the provisions of this article. Such payment shall be made within thirty (30) calendar days after the city furnishes the franchisee or licensee with a written statement of such expenses by delivery of same to the city clerk.

(2)

Contents of application for initial or renewal franchise. An application for an initial or renewal open video system franchise must contain the following information, and such information as the city may from time to time require.

(A)

Identity of the applicant; the persons who exercise working control over the applicant; the persons who control those persons, to the ultimate parent; and the persons who may act on the applicant's behalf with respect to the application.

(B)

A proposal for construction of the open video system that sets forth at least the following:

1.

A description of the services that are to be provided over the facility.

2.

The location of proposed facility and facility design, including a description of the miles of plant to be installed, where it is to be located, and the size of facilities and equipment that will be located in, on, over, or above the rights-of-way.

3.

Identification of the area of the city to be served by the proposed system, including a description of the proposed franchise area's boundaries.

(C)

A description of the manner in which the system will be installed, and the time required to construct the system, and the expected effect on right-of-way usage, including information on the ability of the rights-of-way to accommodate the proposed system, including, as appropriate given the system proposed, an estimate of the availability of space in conduits and an estimate of the cost of any necessary rearrangement of existing facilities.

(D)

A description, where appropriate, of how services will be converted from existing facilities to new facilities, and what will be done with existing facilities.

(E)

Proof in the form of financial statements, attested to by a certified public accountant, that the applicant has the financial resources to complete the proposed project, and to construct, operate and repair the proposed facility over the franchise term. It is not the intent of the city to require an applicant to prove that the services it proposed to offer will succeed in the marketplace.

(F)

Proof that applicant is technically qualified to construct, operate and repair the proposed facility. At a minimum, the applicant must show that it has experience or resources to ensure that work is to be performed adequately, and can respond to emergencies during and after construction is complete.

(G)

Proof that the applicant is legally qualified.

(H)

An affidavit or declaration of the applicant or authorized officer thereof certifying the truth and accuracy of the information in the application, and certifying that the application meets all requirements of applicable law.

(3)

Demonstrating legal qualifications. In order to be legally qualified, an applicant must demonstrate that it:

(A)

has received, or is in a position to receive, necessary authorizations from state and federal authorities;

(B)

has not engaged in conduct (fraud, racketeering, violation of antitrust laws, consumer protection laws, or similar laws) that allows city to conclude the applicant cannot be relied upon to comply with requirements of franchise, or provisions of this article;

(C)

is not a convicted vendor thirty-six (36) months or fewer prior to the date of the application pursuant to Chapter 287, Florida Statutes, or was removed from the convicted vendor list pursuant to Section 287.133, Florida Statutes;

(D)

is willing to enter into a franchise, to pay required compensation and to abide by the provisions of applicable law, including those relating to the construction, operation or maintenance of its facilities, and has not entered into any agreement that would prevent it from doing so;

(E)

does not hold a cable system franchise and does not have a pending application for an initial or renewal cable system franchise;

(F)

did not have a request for an initial or renewal OVS franchise denied within thirty-six (36) months of the application (or, where applicant challenged the denial, applicant must show more than thirty-six (36) months has passed since the final adjudication of that challenge); and

(G)

did not have a request for an initial or renewal cable system franchise denied based upon past performance, or because applicant failed to propose a franchise that reasonably met the cable-related needs and interests of the community, in light of the costs thereof within thirty-six (36) months of the application.

(H)

(or, where applicant challenged the denial, applicant must show more than thirty-six (36) months has passed since the final adjudication of that challenge).

(4)

Additional information regarding affiliates. To the extent that the applicant is in any respect relying on the financial or technical resources of another person, including another affiliate, the proofs required by sections 21-41(2)(E)-(F) should be provided for that person.

(5)

Applications for transfer. An application for a transfer of a franchise must contain [the] same information required by section 21-41(2), except that, if the transferor submitted an application pursuant to section 21-41(2), to the extent information provided by the transferor under section 21-41(2)(B) remains accurate, the transferee may simply cross-reference the earlier application.

(6)

City review. The city may request such additional information as it finds necessary, and require such modifications to the application as may be necessary in the exercise of the city's authority over open video systems. Once the information required by the city has been provided, the application shall be promptly reviewed and shall be granted if the city finds that:

(A)

The applicant has the qualifications to construct, operate and repair the system proposed in conformity with applicable law. The city shall provide a reasonable opportunity to an applicant to show that it would be inappropriate to deny it a franchise under section 21-41(3)(B), by virtue of the particular circumstances surrounding the matter and the steps taken by the applicant to cure all harms flowing therefrom and prevent their recurrence, the lack of involvement of the applicant's principals, or the remoteness of the matter from the operation of an open video system. An application for a franchise area shall not be granted if the franchisee has no plans for constructing a system within the entire area for which the franchise is sought.

(B)

The applicant accepts the modifications required by the city to its proposed system. This section shall not be read to authorize the city to exercise authority it does not otherwise have under applicable law.

(C)

The applicant is willing to enter into a franchise agreement that the city determines complies with the requirements of this chapter and state and federal law, and that otherwise protects the public interest; and applicant is willing to comply with any conditions precedent to its effectiveness.

(D)

Whether issuance of a franchise is in the public interest considering the immediate and future effect on the rights-of-way and private property that would be used by the cable system, including the extent to which installation or maintenance as planned would require replacement of property or involve disruption of property, public services, or use of the rights-of-way; and the comparative superiority or inferiority of competing applications.

(E)

In the case of a transfer, the city must also determine that:

1.

There will be no adverse effect on the public interest, or the city's interest in the franchise;

2.

Transferee agrees to be bound by all the conditions of the franchise and to assume all the obligations of its predecessor; and

3.

Any outstanding compliance and compensation issues are resolved or preserved to the satisfaction of the city.

(F)

An applicant shall not be issued a franchise if it files, or in the previous three (3) years, filed materially misleading information in a franchise application; or intentionally withheld information that the applicant lawfully is required to provide.

(7)

Minimum OVS requirement for public, educational and government use of system.

(A)

Unless a franchise agreement provides otherwise, an open video system operator shall pay to the city, at a time directed by the city, an amount equal to the highest amount contributed by any cable operator under its franchise for and in support of public, educational and government use (including institutional network use) of its cable system.

(B)

To the extent that a cable operator is providing other support, whether in the form of facilities, equipment, or services, for public, educational or governmental use (including institutional network use), the operator must duplicate that support within a time and in a manner directed by the city, or provide a cash equivalent acceptable to the city.

(C)

In applying this section, the city shall ensure that the obligations borne by the open video system operator are no greater or lesser than the obligation imposed upon the cable operator providing the greatest benefits to the community.

(D)

The support required under this section 21-30(6)(A)-(B) or specified in a franchise shall increase as the support that a cable operator is required to provide (in cash and in other forms) increases.

(8)

Written application. A written application shall be filed with the city for grant of an initial OVS franchise; renewal of an OVS franchise; or for a transfer.

(Ord. No. 2000-134, § 1, 1-2-01)