§ 58-4.210. Franchise applications.

All applicants for a new franchise shall submit a written application to the county. All applicants shall be expected to offer to subscribers a modern, efficient, cost-effective system that will facilitate high-quality maintenance, deliver a variety of programming and services, and provide the flexibility needed to adjust to changing technology and new developments in the industry. Applicants are encouraged to formulate their proposals in an innovative fashion, so as to meet the informational requirements of the county and the service needs of subscribers. Proposals shall contain sufficient material to enable the board of supervisors to make fully informed judgments concerning the adequacy of the proposal and the applicant's qualifications to construct, operate and maintain a cable system in the county. All applicants shall, at a minimum, provide the following information unless waived by the county administrator:

(1)

The name, address and form of business of the applicant, and an identification of the ownership and control of the applicant, including: the names and addresses of the ten largest holders of an ownership interest in the applicant and affiliates of the applicant, and all persons with five percent or more ownership interest in the applicant and its affiliates; the persons who exercise working control over the applicant and its affiliates, and the persons who control those persons, to the ultimate parent; all officers and directors of the applicant and its affiliates; and any other business affiliation and cable system ownership interest of each named person.

(2)

A description of the cable services that are or will be offered or provided by the applicant over its existing or proposed facilities.

(3)

A description of the transmission facilities that will be used by the cable operator to offer or provide such cable services.

(4)

Preliminary engineering plans, specifications and a network map of the facilities to be located within the county, all in sufficient detail to identify:

(a)

The location and route requested for applicant's proposed cable facilities, 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;

(b)

The location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities in the public rights-of-way along the proposed route;

(c)

The location(s), if any, for interconnection with the facilities of other cable operators;

(d)

The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate.

(5)

If applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its cable facilities on existing utility poles along the proposed route.

(6)

If applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify:

(a)

The excess capacity currently available in such ducts or conduits before installation of applicant's cable facilities;

(b)

The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's cable facilities.

(7)

A preliminary construction schedule and completion dates.

(8)

Financial statements prepared in accordance with generally accepted accounting principles by a certified public accountant or other accountant satisfactory to the county demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the facilities. If in the normal course of its business, the applicant does not prepare a separate financial statement for the cable system, the applicant may submit a combined financial statement for the local region, which statement shall include the cable system.

(9)

Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the facilities and services described in the application, including identification of key personnel.

(10)

Information to establish the applicant's legal qualifications, including evidence that it has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide cable service.

(11)

A detailed description of all other services that the applicant intends to provide and sufficient information to determine whether such services are subject to franchising.

(12)

An accurate map showing the location of any existing facilities in the county that applicant intends to use or lease.

(13)

A description of the services or facilities that the applicant will offer or make available to the county and other public, educational and governmental institutions.

(14)

A description of applicant's access and line extension policies.

(15)

A written description and detailed map of the exact area or areas of the county the applicant desires to serve and a schedule for build-out to the entire franchise area.

(16)

The number of activated, programmed channels that the applicant intends to provide together with the programming that the applicant intends to provide.

(17)

All fees, deposits or charges required pursuant to Section 58-4.212, Application fee, hereof.

(18)

Such other and further information as may be requested by the county administrator. If a franchise is granted to a person who is acting on behalf of another or presenting its qualifications for the benefit of another and such information is not disclosed in the original application, such franchise shall be deemed void and of no force and effect whatsoever.

(Ords. 2006-65 § 3, 93-55, 82-28).