§ 71-35. Applications.

(a)

Applicants for a cable communications franchise shall submit to the city written applications utilizing, if promulgated, the standardized format provided by the city, at the time and place designated by the city for accepting applications and including the application fees designated by the city.

(b)

Applications for an initial franchise shall include at a minimum the following:

(1)

The full legal name and telephone number of the applicant. After the telephone number of the applicant, the applicant's Florida Sunshine State one-call registration number, a clear description of the identity of the applicant, including but not limited to the name of the applicant, the address and telephone number of the applicant, the nature of the business entity, evidence of the compliance of the business entity with all applicable law and a detailed statement of the corporate or other business entity organization of the applicant, including but not limited to the following:

a.

The names and residence addresses of all general partners and corporate officers of the applicant.

b.

The names and addresses of all persons and entities having, controlling or being entitled to have or control 15 percent or more of the ownership of the applicant and the respective ownership share of each such person or entity.

c.

The name and address of any parent or subsidiary of the applicant and of any other business entity owning or controlling in whole or in part or owned or controlled in whole or in part by the applicant.

d.

A detailed description of all previous experience of the applicant in providing cable television services or related or similar services.

e.

A detailed and complete financial statement of the applicant, prepared by an independent certified public accountant, for the fiscal year immediately preceding the date of the application or a letter or other acceptable evidence in writing from a responsible lending institution or funding source, addressed to both the applicant and the city, setting forth a clear statement of its intent as a lending institution or funding source to provide whatever capital shall be required by the applicant to construct and operate the proposed system in the city. The city shall have the right to reject an applicant's financial statement based upon the city's finding the certified public accountant is not qualified to render the opinion.

f.

A statement identifying, by place and date, any other cable television franchise awarded to the applicant, its parent or subsidiary, the miles of cable completed, the miles of cable to be completed with the time schedule for completion, the total cost of completion of such system and the amount of the applicant's and its parent's or subsidiary's resources committed to the completion thereof.

(2)

Evidence that the applicant has applied to the city for all applicable right-of-way utilization permits, including the payment of all applicable fees, if any.

(3)

Evidence that all aspects of the applicant's cable communications system comply with applicable zoning laws of the city.

(4)

A map or maps of a scale of not less than one inch equaling 100 feet showing the precise geographic area for which applicant seeks a franchise.

(5)

Evidence that the applicant has applied to the city for building and electrical code review and approval of the plans and construction of the entire cable communications system within the franchise area, including the payment of all applicable fees, if any.

(6)

Evidence of financial responsibility in the form of an irrevocable performance letter of credit or bond conforming to the requirements of this chapter or other form of guarantee acceptable to the city.

(7)

A schedule of construction, as established by the applicant and reflected upon the map provided pursuant to subsection (b)(4) of this section, showing by a logical geographic progression which streets within the franchise area upon which cable communications systems shall be constructed by the applicant within each calendar quarter during the period of construction.

(8)

Detailed plans and specifications for the cable communications system which is proposed by the applicant.

(9)

A detailed statement describing the equipment and operational standards proposed by the applicant.

(10)

A detailed statement setting forth in its entirety any and all agreements and understandings, whether formal, informal, written, oral or implied, and copies of such agreements existing or proposed to exist between the applicant and any person which may affect control or operation of the system contrary to this chapter or the franchise agreement, including but not limited to any agreements whereby any other entity shall have the right to assume ownership or control of applicant's proposed cable communications system for any reason.

(11)

A copy of any agreement covering the franchise area, if existing between the applicant and any public utility providing for the use of any facilities of the public utility, including but not limited to poles, lines or conduits.

(12)

True and exact copies, if filed, of the last and most current FCC Cable TV Information Report, FCC form 325, as submitted to the FCC. If none have been filed, a detailed written explanation of why such form has not been filed.

(13)

A certificate of insurance verifying workers' compensation, general liability and property damage insurance coverage or proof of self-insuring status which demonstrates adequate financial resources to defend and cover claims, in compliance with the levels of coverage specified in this chapter.

(14)

The name of a registered agent and incumbency certificate of authorized officer to bind applicant.

(15)

The name and phone number of a representative of applicant or an agent who may be contacted in the event of an emergency.

(16)

Any other reasonable information which could materially affect the granting of the franchise as requested by the city.

(d)

All of the materials and information required by the applicant shall be submitted no later than 15 days prior to the scheduled first hearing on the request for a new franchise. Failure to do so shall preclude the matter from being heard at a public hearing.

(e)

Applications for renewal of a franchise shall include only such materials, information, and matters as the city may request and which are relevant to the renewal standards of state or federal law and/or the grantee's use, maintenance, or activities in or affecting the city's streets and easements.

(f)

In the event that an application for a franchise is granted, the grantee shall notify the city within 30 days of any material change in the contact information supplied on its application during the term of its franchise and any renewal thereof.

(Ord. No. 02-03, Art. II(5), 2-28-02)