(a)
Standards.
(1)
The applicant must be willing to comply with the provisions of this chapter and applicable
laws and to comply with such requirements of a franchise as the county may lawfully
require.
(2)
The applicant must not have had any cable system or OVS franchise validly revoked,
(including any appeals) by the county within three years preceding the submission
of the application.
(3)
The applicant may not have had an application to the county for an initial or renewal
cable system franchise denied on the ground that the applicant failed to propose a
cable system meeting the cable-related needs and interests of the community, or as
to which any challenges to such franchising decision were finally resolved (including
any appeals) adversely to the applicant, within three years preceding the submission
of the application; and may not have had an application for an initial or renewal
OVS franchise denied on any ground within three years of the application.
(4)
The applicant shall not be issued a franchise if, at any time during the ten years
preceding the submission of the application, applicant was convicted of fraud, racketeering,
anticompetitive actions, unfair trade practices or other conduct of such character
that the applicant cannot be relied upon to deal truthfully with the county and the
subscribers, or to substantially comply with its obligations.
(5)
Applicant must have the necessary authority under California and federal law to operate
a cable system, or show that it is in a position to obtain that authority.
(6)
The applicant shall not be issued a franchise if it files materially misleading information
in its application or intentionally withholds information that the applicant lawfully
is required to provide.
(7)
For purposes section 43-21(a)(2)—(4), the term applicant includes any affiliate of applicant.
(b)
Exception. Notwithstanding section 43-21(a), an applicant shall be provided a reasonable opportunity to show that a franchise
should issue even if the requirements of section 43-21(a)(3)—(4) are not satisfied, by virtue of the circumstances surrounding the matter
and the steps taken by the applicant to cure all harms flowing therefrom and prevent
their recurrence, the lack of involvement of the applicant's principals, or the remoteness
of the matter from the operation of a cable system.
