853-2. Applications for Grant or Renewal of Franchises.
(a) Initial and renewal Franchise: application. (Ord. 2316, § 1, 4/20/04)
(1) A written application shall be filed with the County for grant of an initial or renewal Franchise. (Ord. 2316, § 1, 4/20/2004)
(2) To be acceptable for filing, a signed original of the application shall be submitted together with six (6) copies. The application must conform to any applicable request for proposals, and contain all information required by Sub-secion (b), below. All applications shall include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application. (Ord. 2316, § 1, 4/20/2004)
(b) Contents of Application. The County CAO may specify the information that must be provided in connection with a request for proposals or an application for an initial or renewal Franchise. At a minimum, each application must: identify the applicant, where it plans to construct its system, and the system construction schedule; show that the Applicant will provide adequate Channels, facilities and other support for public, educational and government use (including institutional network use) of the OVS; and show that the applicant is financially, technically and legally qualified to construct and operate the OVS.
The application must contain the following information: (Ord. 2316, § 1, 4/20/04)
(1) Identity of the applicant; the Persons who exercise working control over the applicant; and the Persons who control those Persons, to the ultimate parent. (Ord. 2316, § 1, 4/20/2004)
(2) A proposal for construction of the open video system that includes at least the following: (Ord. 2316, § 1, 4/20/04)
(A) A description of the services that are to be provided over the facility. (Ord. 2316, § 1, 4/20/2004)
(B) Identification of the area of the County to be served by the proposed system, including a description of the proposed Franchise area’s boundaries. (Ord. 2316, § 1, 4/20/2004)
(C) The location of proposed facility and facility design, including a description of the miles of plant to be installed, and a description of the size of equipment cabinets, shielding and electronics that will be installed along the plant route, the power sources that will be used and a description of the noise, exhaust and pollutants, if any, that will be generated by the operation of the same. (Ord. 2316, § 1, 4/20/2004)
(D) A map of the route the facility will follow; a designation of the portions of the system that will be placed aboveground and the portions that will be placed underground, and the construction techniques that the Operator proposes to use in installing the system aboveground and underground; a schedule for construction of the facility, describing when and where construction will begin, how it will proceed, benchmarks for competition of phases, and when it will be completed; and the expected effect on Public Rights-of-Way usage, including information on the ability of the Public 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. (Ord. 2316, § 1, 4/20/2004)
(E) A description, where appropriate, of how services will be onverted from existing facilities to new facilities, and what will be done with existing facilities. (Ord. 2316, § 1, 4/20/2004)
(3) Evidence satisfactory to the County 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 County to require an applicant to prove that the services it proposed to offer will succeed in the marketplace. (Ord. 2316, § 1, 4/20/2004)
(4) Evidence satisfactory to the County that applicant istechnically 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. (Ord. 2316, § 1, 4/20/2004)
(5) Evidence satisfactory to the County that the applicant is legally qualified, which proof must include a demonstration that the applicant: (Ord. 2316, § 1, 4/20/04)
(A) Has received, or is in a position to receive, necessary authorizations from state and federal authorities; (Ord. 2316, § 1, 4/20/2004)
(B) Has not engaged in conduct (fraud, racketeering, violation of antitrust laws, consumer protection laws, or similar laws) that allows the County to conclude the applicant cannot be relied upon to comply with requirements of the Franchise, or provisions of this Division; and (Ord. 2316, § 1, 4/20/2004)
(C) 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; (Ord. 2316, § 1, 4/20/2004)
(6) 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. (Ord. 2316, § 1, 4/20/2004)
(7) An applicant may show that it would be inappropriate to deny it a Franchise by virtue of: the particular circumstances surrounding the acts or omissions at issue; the steps taken by the applicant to cure all harms flowing therefrom and to prevent their recurrence; and the lack of involvement of the applicant’s principals, or the remoteness of the acts or omissions from the operation of open video system facilities. (Ord. 2316, § 1, 4/20/2004)
(8) 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 should be provided for that Person. An applicant will be presumed to have the requisite financial, or technical or legal qualifications to the extent such qualifications have been reviewed and approved by a state agency of competent jurisdiction; or if applicant is a holder of a Franchise in Humboldt County for a cable system or open video system, and conduct under such other Franchise provides no basis for additional investigation. (Ord. 2316, § 1, 4/20/2004)
(Ord. 2316, § 1, 4/20/2004)