§ 78-288. Applications for grant, renewal, modification or transfer of franchises.

(a)

A written application shall be filed with the city for (i) grant of an initial franchise; (ii) renewal of a franchise in accordance with Section 626 (a-g) of the Communications Act, 47 U.S.C., § 546; (iii) modification of a franchise agreement; (iv) transfer of a franchise; or (v) any other relief from the city pursuant to this article or a franchise agreement.

(b)

Unless prohibited by applicable law, to be acceptable for filing, a signed original of the application shall be submitted together with five copies, and shall be accompanied by the required application filing fee as set forth in subsection 78-288(i) hereof, conform to any applicable request for proposals, and contain all reasonably required information. All applications shall include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application. The city administrator may waive submission of certain information required herein upon request of the applicant for good cause shown.

(c)

All applications accepted for filing shall be made available by the city for public inspection. Where said application contains information designated in writing by the applicant as proprietary, the city shall not make such information available to the public to the extent it is permitted to keep the information confidential pursuant to applicable law.

(d)

An application for the grant of a new franchise may be filed pursuant to a request for proposals issued by the city on an unsolicited basis. The city, upon receipt of an unsolicited application, may issue a request for proposals. If the city elects to issue a request for proposals upon receipt of an unsolicited application, the applicant may submit an amended application in response to the request for proposals, or may inform the city that its unsolicited application should be considered in response to the request for proposals, or may withdraw its unsolicited application. An application which does not conform to the requirements of a request for proposals may be considered nonresponsive and denied on that basis.

(e)

An application for the grant of an initial franchise, a transfer or change of control or a renewal shall contain, at minimum, the following information unless expressly waived in part by the city or as otherwise provided in a franchise agreement:

(1)

Name and address of the applicant and identification of the ownership and control of the applicant, including: the names and addresses of all persons with ten percent or more ownership interest in the applicant, including the names and addresses of parents or subsidiaries holding such ownership interests directly or indirectly; the persons who control the applicant; the names and addresses of all officers and directors of the applicant; and any other cable system ownership interest in excess of ten percent of each named person (other than the officers and directors of the applicant); provided that for an application for a renewal of a franchise, the information regarding cable system ownership shall be provided upon written request of the city.

(2)

An indication of whether the applicant, or any person controlling the applicant, or any officer, director or person with five percent or more ownership interest in the applicant, has been adjudged bankrupt, had a cable or telecommunications franchise or license revoked, or been found by any court or administrative agency to have violated a security or antitrust law, or to have committed a felony, or any crime involving moral turpitude; and, if so, identification of any such person and a full explanation of the circumstances;

(3)

A demonstration of the applicant's technical, legal and financial ability to construct and/or operate the proposed cable system, including identification of key personnel to the extent known;

(4)

For an application for an initial franchise, or when requested in the case of a transfer or a renewal, a statement prepared by an independent certified public accountant regarding the applicant's financial ability to complete the construction and operation of the cable system proposed;

(5)

A description of the applicant's prior experience in cable system ownership, construction and operation, and identification of communities in Florida (or if applicant does not own any systems in Florida, identification of the 20 largest franchise areas served by applicant or its affiliates) which the applicant or any person controlling the applicant or having more than a five percent ownership interest in applicant has, or has had, a cable franchise or license or any interest therein;

(6)

Identification of the area of the city to be served by the proposed cable system, including a description of the service area's boundaries;

(7)

A description of the services and physical facilities proposed, or in the case of a transfer or renewal, any changes to the current physical facilities, including channel capacity, performance characteristics, headend, and access facilities; upon request, the applicant shall make information on technical design available for inspection;

(8)

Where applicable, a description of the construction of the proposed cable system, including an estimate of plant mileage and its location, the proposed construction schedule, a description, where appropriate, of how services will be converted from existing facilities to new facilities, and information on the availability of space in conduits including, where appropriate, an estimate of the cost of any necessary rearrangement of existing facilities;

(9)

If applicant is currently operating a cable system within the city, a description of the existing cable system and capacity and the operator's plans to upgrade the cable system, if any;

(10)

If applicant or applicant's parent, or any subsidiary or affiliate of applicant is currently operating a SMATV system within the city, a list of all such locations;

(11)

For an initial grant or in the case of a renewal or transfer and upon written request of the city for informational purposes, the proposed rate structure, including projected charges for each service tier, installation, converters, and other equipment or services, and the applicant's ownership interest in any proposed cable services to be delivered over the cable system;

(12)

An application for a renewal shall also include a demonstration of how the applicant's proposal will reasonably meet the future cable-related needs and interests of the community, including a description of how the proposal will meet the needs described in any recent community needs assessment conducted by or for the city;

(13)

Upon written request of the city and for information purposes only, a description of any noncable telecommunications services offered or proposed to be offered by the applicant or its parent, affiliate or subsidiary in Palm Beach County;

(14)

Pro forma financial projections for the first five years of the franchise term, including a statement of projected income, and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules. In the case of a transfer, such pro forma financial plan shall be provided if the transferee or its parent is not a publicly traded company;

(15)

If an applicant for an initial franchise proposes to provide cable service to an area already served by an existing cable franchisee, the identification of the area where the overbuild would occur, the potential subscriber density in the area which would encompass the overbuild, and the ability of the streets to accommodate an additional system;

(16)

Upon written request of the city, any other information as may be reasonably necessary to demonstrate compliance with the requirements of this article and information that the city may reasonably request of the applicant in a timely manner that is relevant to the city's consideration of the application; and

(17)

An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments, and certifying that the proposal meets all federal and state law requirements.

(f)

An application for modification of a franchise agreement shall include, at minimum, the following information:

(1)

The specific modification requested;

(2)

The justification for the requested modification, including the financial impact of the requested modification on subscribers and others, and the financial impact on the applicant if the modification is approved or disapproved;

(3)

A statement whether the modification is sought pursuant to Section 625 of the Communications Act, 47 U.S.C., § 545, and, if so, a demonstration that the requested modification meets the standards set forth in 47 U.S.C. § 545;

(4)

Any other information necessary for the city to make an informed determination on the application for modification; and

(5)

An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, and certifying that the application is consistent with all federal and state law requirements.

(g)

An application for renewal of a franchise shall comply with the requirements of section 78-303 hereof.

(h)

An application for approval of a transfer of a franchise shall comply with the requirements of section 78-304 hereof.

(i)

Unless prohibited by applicable law, to be acceptable for filing, an application shall be accompanied by a filing fee in the following amount, as appropriate:

(1) For a new or initial franchise .....	$25,000.00
(2) For renewal of a franchise .....	20,000.00
(3) For a transfer of a franchise (other than a pro forma transfer) .....	5,000.00
(4) For a pro forma transfer of a franchise .....	1,000.00
(5) For modification of a franchise agreement pursuant to 47 U.S.C. § 545 .....	1,000.00
(6) For any other relief .....	500.00

 

The purpose of the filing fee is to defray a portion of the city's cost in processing an application. The filing fee is therefore intended to be a charge incidental to the awarding or enforcing of a franchise within the meaning of Section 622(g)(2)(D) of the Communications Act, 47 U.S.C. § 542(g)(2)(D), and may not be deducted from the franchise fee imposed in a franchise agreement or credited against any tax, including, but not limited to, the Florida Communications Service Tax (F.S. ch. 202) or any substitute tax or fee, unless required by applicable law.

(Ord. No. 3806-04, § I, 10-25-2004)