(a)
Scope. This section establishes additional provisions that apply to an application
for an initial franchise, or a renewal franchise application that is not governed
by 47 U.S.C. Section 546(a)-(h).
(b)
Process. Any person may apply for an initial or renewal franchise by submitting an
application therefore on that person's own initiative, or in response to a request
for proposals issued by the county. If the county receives an unsolicited application,
it may choose to issue a request for additional proposals, and require the applicant
to amend its proposal to respond thereto. The county shall promptly conduct such investigations
as are necessary to act on an application.
(c)
Consideration of Application. In determining whether to grant a franchise, the County
may consider:
(1)
The extent to which an applicant for renewal has substantially complied with the applicable
law and the material terms of any existing cable franchise;
(2)
Whether an applicant for renewal's quality of service under its existing franchise,
including signal quality, response to customer complaints, billing practices, and
the like has been reasonable in light of the needs of the community;
(3)
Where the applicant has not previously held a cable system franchise in the county,
whether the applicant's record in other communities indicates that it can be relied
upon to provide high-quality service throughout any franchise term;
(4)
Whether the applicant has the financial, legal and technical ability to provide the
services, facilities, and equipment set forth in an application, and to satisfy any
minimum requirements established by the county;
(5)
Whether the applicant's application is reasonable to meet the future cable-related
needs and interests of the county, taking into account the cost of meeting such needs
and interests;
(6)
Whether issuance of a franchise is warranted in the public interest considering the
immediate and future effect on streets, public property and private property that
will be used by the applicant's cable system;
(7)
Whether issuance of the franchise would reduce competition in the provision of cable
service in the county;
(8)
Such other matters as the county is authorized or required to consider.
(d)
Issuance of Franchise. It the county determines that issuance of a franchise would
be in the public interest considering the factors described above, it may proffer
a franchise agreement to the applicant. No franchise shall become effective until
the applicant unconditionally accepts the franchise, and the franchise agreement is
signed.
