853-3. Procedure for Issuance of OVS Franchise.
(a) Application. A person may apply for an initial or renewal Franchise on its own initiative or in response to a request for proposals. Upon receipt of an application the County shall promptly proffer the applicant a proposed OVS Agreement, which shall be mailed to the Person requesting its issuance and made available to any other interested party. The County may request such additional information as it deems appropriate. (Ord. 2316, § 1, 4/20/04)
An applicant shall respond to requests for information completely, and within the time directed by the County, and must strictly comply with procedures, instructions, and requirements the County may establish. An application may be rejected if it is incomplete or the applicant fails to follow procedures or respond fully to information requests. (Ord. 2316, § 1, 4/20/2004)
(b) Evaluation. In evaluating a Franchise application, the County may consider the following: (Ord. 2316, § 1, 4/20/04)
(1) The extent to which the applicant has substantially complied with the applicable law and the material terms of any existing the County OVS Franchise; (Ord. 2316, § 1, 4/20/2004)
(2) Whether the applicant has the financial, technical, and legal qualifications to hold an OVS Franchise; (Ord. 2316, § 1, 4/20/2004)
(3) Whether the application satisfies any minimum requirements established by the County for, or will otherwise provide adequate public, educational, and governmental use capacity, facilities, or financial support (including with respect to institutional networks); (Ord. 2316, § 1, 4/20/2004)
(4) Whether issuance of a Franchise would require replacement of property or involve disruption of property, public services, or use of the Public Rights-of-Way; (Ord. 2316, § 1, 4/20/2004)
(5) Whether the approval of the application may eliminate or reduce competition in the delivery of cable service in the County. (Ord. 2316, § 1, 4/20/2004)
(c) Issuance. If the County finds that it is in the public interest to issue a Franchise considering the factors above, and such other matters as it is required or entitled to consider, and subject to the applicant’s entry into an appropriate OVS agreement, it shall issue a Franchise. Prior to deciding whether or not to issue a Franchise, the County may hold one or more public hearings or implement other procedures under which comments from the public on an application may be received. (Ord. 2316, § 1, 4/20/2004)
(d) Legal qualifications. In order to be legally qualified: (Ord. 2316, § 1, 4/20/04)
(1) The applicant must be willing to comply with the provisions of this Title and applicable laws, and to comply with such requirements of an OVS agreement as the County may lawfully require. (Ord. 2316, § 1, 4/20/2004)
(2) The applicant must not hold a Cable system Franchise, or have pending an application for a Cable system Franchise. (Ord. 2316, § 1, 4/20/2004)
(3) The applicant must not have had any cable system or OVS Franchise validly revoked by the County within three (3) years preceding the submission of the application. (Ord. 2316, § 1, 4/20/2004)
(4) The applicant may not have had an application for an initial or renewal Cable system Franchise to the County denied on the ground that the applicant failed to propose a Cable system meeting the cable-related needs and interests of the community, or as to which any challenges to such franchising decision were finally resolved (including any appeals) adversely to the applicant, within three (3) years preceding the submission of the application. (Ord. 2316, § 1, 4/20/2004)
(5) The applicant may not have had an application for an initial or renewal OVS Franchise denied on any grounds within three (3) years of the applications. (Ord. 2316, § 1, 4/20/2004)
(6) The applicant shall not during the ten (10) years preceding the submission of the application, have been convicted of fraud, racketeering, anticompetitive actions, unfair trade practices or other conduct of such character that the applicant cannot be relied upon to deal truthfully with the County and the Subscribers, or to substantially comply with its obligations. (Ord. 2316, § 1, 4/20/2004)
(7) The applicant must have the necessary authority under California and federal law to operate an OVS, and must be certified by the FCC under Section 653 of the Cable Act. (Ord. 2316, § 1, 4/20/2004)
(8) The applicant shall not have filed materially misleading information in its application or intentionally withhold information that the applicant lawfully is required to provide. (Ord. 2316, § 1, 4/20/2004)
(9) For purposes of Sub-Sections (d)(2)-(d)(5),above, the term applicant includes any Affiliate of applicant. (Ord. 2316, § 1, 4/20/2004)
(e) Exception. Notwithstanding the above, an applicant shall be provided a reasonable opportunity to show that a Franchise should issue even if the requirements of Sub-Sections (d)(4) and (d)(5)) are not satisfied, by virtue of the 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 a Cable system. (Ord. 2316, § 1, 4/20/2004)