§ 7-32. Application.

(a)

Application for a CATV license may made either in response to a request for proposals issued by the city, or by direct application to the city, in compliance with the provisions of this chapter.

(b)

A request for proposals shall be made by the city in accordance with standard city procedures for notification of invitation to bid as specified in the charter, including publication once a week for two (2) consecutive weeks in a local newspaper of general circulation, with the first publication at least thirty (30) days before applications are due to the city.

(c)

The issuance of a CATV license by the city, whether in response to a request for proposals or by direct application, shall be conditioned on the applicant's compliance with the provisions of this chapter and the other requirements of law.

(d)

An application for a CATV license shall be for the entire territorial limits of the city or for a portion of the city, which shall be not less than three hundred twenty (320) acres, in a single parcel or one (1) or more contiguous parcels, under the ownership or legal control of a single person or entity. A license issued for less than the entire territorial limits of the city may include such additional area as may be reasonably necessary to make connections to the facilities necessary to provide services to the licensed area, but shall not entitle the licensee to provide services outside of the service area specified in the license. One (1) or more licenses may be granted a license to provide cable service within the same area.

(e)

All persons desiring to secure a license to provide cable television service within the city shall be required to timely file with the city manager an application for license. Application shall be on a form prescribed by the city and shall contain all of the following:

(1)

A statement of the applicant's financial condition and qualifications.

(2)

A statement of the applicant's technical qualifications meeting all FCC requirements.

(3)

A sworn statement in acceptable form that, if the applicant's application is approved and a license is issued to it by the city council, the applicant will comply with:

a.

All requirements of this chapter.

b.

Such other conditions and requirements as are contained in the license agreement.

c.

All lawful directives of the city.

d.

All requests by the city for information in connection with the applicant's application.

(4)

A statement of ownership of the applicant, including:

a.

The form of legal organization of the applicant.

b.

Whether or not the entity is qualified or intends to qualify to do business in the state.

c.

The names, and residence and business addresses of all persons owning, or having a right to acquire in the future, any interest, equity, or otherwise, in excess of one (1) percent of the applicant or his affiliate. As used herein "affiliate" includes any person who, directly or indirectly, controls, is controlled by, or is under common control with, an applicant.

d.

Whether or not the applicant or his affiliates has any ownership interest in any news media, including newspapers, magazines, radio, or television broadcast stations and, if so, the nature and extent of such ownership and the location of such entities.

(5)

A general plan for CATV construction or service which shall, among other things, indicate where and in what sequence the applicant proposes to construct facilities and provide service, and proposed timetables for such construction and service in accordance with section 7-68.

(6)

A statement by the applicant demonstrating how the award of the requested license would meet the needs and interests of the city and its residents.

(f)

Each application for a license under this chapter shall be accompanied by a filing fee in the amount of five thousand dollars ($5,000.00). The fee shall be used to partially or wholly defray the costs of the licensing process, including the review of such applications, and shall be nonrefundable.

(g)

In addition, if the total receipts from all such application fees are less than the costs of the licensing process, including the review of the applications, payment of all such costs by the successful applicant shall be a condition precedent to the award of the license to the successful applicant; provided, however, that the successful applicant shall not be responsible for payments in excess of an amount as specified in the request for proposals. Such costs shall include, without limitation, all costs, including applicable staff time, incurred by the city in its study of cable television, selection of a consultant, preparation of this chapter, preparation of proposal documents, evaluation of all applications, examination of applicants' qualifications, and preparation of the license agreement.

(h)

The city shall give full consideration to each application. In the course of its review, it shall seek to determine whether the applicant can and will conform to this chapter, and it shall conduct at least one (1) advertised public hearing. The council shall consider, in passing upon the license application, the following factors, together with such other factors as the city may deem relevant, including any specified in the request for proposals:

(1)

The financial status, qualifications, and capacity of the applicant and evidence of its commitment to the use of its financial capacity to provide excellent local programming and service.

(2)

The technical, legal, character, and financial qualifications of the applicant, as may be shown by operations in other cities or by other means, and evidence of its commitment to the use of such capacity to provide excellent local services.

(3)

The apparent need or lack of need for CATV service or additional CATV service in the city.

(4)

The performance of any existing licensees and whether or not such other licensees are providing excellent service.

(5)

Whether any part of the city is not receiving service or is not going to receive service in the near future.

(6)

The apparent capacity or incapacity of the applicant to conform to this chapter.

(7)

The adequacy of the applicant's proposed general plan.

(8)

All other items contained in the application.

(Ord. No. 1757, § 4, 8-19-85; Ord. No. 3007, § 2, 3-31-97)

State law reference

License applications, A.R.S. § 9-507.