Section: 5.08.200 Franchise‑Application
A. Application for a franchise hereunder shall be
in writing, shall be filed with the county clerk, and shall contain the
following information:
1. The name and address of the applicant. If the
applicant is a partnership, the name and address of each partner shall also be
set forth. If the applicant is a corporation, the application shall also state
the names and addresses of its directors, main offices, major stockholders and
associate and the names and addresses of parent and subsidiary companies;
2. A statement and
description of the CATV system proposed to be constructed, installed,
maintained or operated by the applicant; the proposed location of such system
and its various components; the manner in which applicant proposes to
construct, install, maintain and operate the same; and particularly, the extent
and manner in which existing or future poles or other facilities of other
public utilities will be used for such system;
3. A description, in detail, of the public
streets, public places and proposed public streets within which applicant
proposes or seeks authority to construct, install or maintain any CATV
equipment or facilities; a detailed description of the equipment or facilities
proposed to be constructed, installed or maintained therein; and the proposed
specific location thereof;
4. A map specifically showing and
delineating the proposed service area or areas within which applicant proposes
to provide CATV services and for which a franchise is requested;
5. A statement or schedule in a form approved by the director of public works of proposed rates and charges to subscribers for installation and services, and a copy of proposed service agreement between the grantee and its subscribers shall accompany the application. For unusual circumstances, such as underground cable required, or more than one hundred fifty feet of distance from cable to connection of service to subscribers, an additional installment charge over that normally charged for installation as specified in the applicant's proposal may be charged, with easements to be supplied by subscribers. For remote, relatively inaccessible subscribers within the county, service may be made available on the basis of cost of materials, labor, and easements if required by the grantee;
6. A copy of any contract, if existing,
between the applicant and any public utility providing for the use of
facilities of such public utility, such as poles, lines, or conduits;
7. A statement setting forth all agreements
and understandings, whether written, oral or implied, existing between the
applicant and any person, firm or corporation with respect to the proposed
franchise or the proposed CATV operation. If a franchise is granted to a
person, firm or corporation posing as a front or as the representative of
another person, firm or corporation, and such information is not disclosed in
the original application, such franchise shall be deemed void and of no force
and effect whatsoever;
8. A financial statement prepared by a
certified public accountant, public accountant, or person otherwise
satisfactory to the board showing applicant's financial status and his
financial ability to complete the construction and installation of the proposed
CATV system;
9. The board may at any time demand, and
applicant shall provide, such supplementary, additional or other information as
the board may deem reasonably necessary to determine whether the requested
franchise should be granted.
B. Upon consideration of any such application,
the board may refuse to grant the requested franchise or the board may by
ordinance grant a franchise for a CATV system to any such applicant as may
appear from the application to be in its opinion best qualified to render
proper and efficient CATV service to television viewers and subscribers in the
county. The board's decision in the matter shall be final. If favorably
considered, the application submitted shall constitute and form part of the
franchise as granted.
C. Any franchise granted pursuant to this chapter includes the
following condition;
"The CATV system
franchised shall be used and operated solely and exclusively for the purpose
expressly authorized by Ordinance of the County of Del Norte and no other
purpose whatsoever."
Inclusion of the foregoing statement in any such franchise shall not limit the authority of the county to include any other reasonable condition, limitation or restriction which it may deem necessary to impose in connection with such franchise pursuant to the authority conferred by this chapter. (Ord. 72‑6 § 20, 1972.)