§ 26-9. Applications for grant, modification, renewal, and transfer.

(a)

A written application shall be filed with the county for:

(1)

Grant of an initial franchise;

(2)

Renewal of a franchise under 47 U.S.C. § 546, or other applicable law;

(3)

Modification of a franchise agreement;

(4)

Transfer; and

(5)

Any other relief pursuant to this chapter or a franchise agreement.

(b)

To be acceptable for filing, a signed original of the application shall be submitted together with seven copies, be accompanied by the required non-refundable application filing fee as set forth herein, conform to any applicable request for proposals, and contain all reasonably required information. All applications shall include the names and addresses of persons authorized to act on behalf of the applicant.

(c)

The county shall make all applications available for public inspection.

(d)

An application for the grant of an initial franchise may be filed pursuant to a request for proposals issued by the county or on an unsolicited basis. The county, upon receipt of an unsolicited application, may issue a request for proposals. If the county elects to issue a request for proposals upon receipt of an unsolicited application, the applicant may submit an amended application in response to the request for proposals, or may inform the county that its unsolicited application should be considered in response to the request for proposals, or may withdraw its unsolicited application. An application that does not conform to the reasonable requirements of a request for proposals may be considered nonresponsive and denied on that basis.

(e)

An application for the grant of an initial franchise shall contain, at minimum, the following information:

(1)

The name and address of the applicant and identification of the ownership and control of the applicant, including: the names and addresses of all persons with 50 percent or more ownership interest in the applicant, including the names and addresses of parents or subsidiaries holding such ownership interests directly or indirectly; the persons who control the applicant; all officers and directors of the applicant; and any other cable system ownership or other communication ownership interest of each named person.

(2)

A demonstration of the applicant's technical ability to construct and/or operate the proposed cable system, including:

a.

Identification of key personnel for management of the system;

b.

A description of the applicant's prior experience in cable system ownership including identification of municipalities and counties within the state in which the applicant or any person controlling the applicant, or currently having more than a ten percent ownership interest in applicant has, or has had, a cable franchise or license or controlling interest therein. If an applicant has no other franchises in the state, the applicant shall provide this information for other states with respect to franchises or licenses that have expired or will expire within two years of the date of its application;

c.

A description and location of the physical facilities proposed and proposed channel capacity, performance characteristics, headend and access facilities, and institutional network facilities; and upon request, the applicant shall make information on technical design available for inspection;

d.

Where applicable, a description of the method of construction of the proposed system, including an estimate of plant mileage and location, the proposed construction schedule, a description, where appropriate, of how services will be converted from existing facilities to new facilities, and information on the availability of space in conduits including, where appropriate, an estimate of the cost of any necessary rearrangement of existing facilities.

(3)

A demonstration of the applicant's financial qualifications, including:

a.

A statement prepared by a certified public accountant or duly authorized financial officer regarding the applicant's financial ability to complete the construction and operation of the cable system proposed;

b.

For informational purposes, the proposed rates for subscribers and proposed discounts for bulk subscribers, including projected charges for each service tier, installation, converters, and other equipment or services, and the applicant's ownership interest in any proposed programming to be delivered over the cable system.

c.

Pro forma financial projections for five years including a statement of projected income, and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules.

(4)

To the extent that the applicant is relying on the financial or technical resources of another person, including an affiliate, the proofs required pursuant to subsections (2) and (3) above should be provided for that person.

(5)

A demonstration that the applicant is legally qualified including:

a.

Whether the applicant or any person controlling the applicant, or any officer, or director or person with 50 percent or more ownership interest in the applicant, has been adjudged bankrupt, had a cable franchise or license revoked, has been fined by a franchise authority, or been found by any court or administrative agency to have violated any law; and, if so, identification of any such person and a full explanation of the circumstances;

b.

Whether the applicant has received, or is in a position to receive, necessary authorizations from state and federal authorities;

c.

Whether the applicant has engaged in conduct (fraud, racketeering, or violation of antitrust, consumer protection, or similar laws) that would lead the county to conclude the applicant cannot be relied upon to comply with requirements of a franchise or provisions of this chapter;

d.

Whether the applicant is a convicted vendor pursuant to F.S. ch. 287, or was removed from the convicted vendor list pursuant to F.S. § 287.133, 36 months or fewer prior to the date of the application;

e.

Whether the applicant is willing to enter into a franchise, to pay required compensation and to abide by the provisions of applicable law, including those relating to the construction, operation or repair of its system, and has not entered into any agreement that would prevent it from doing so; and

f.

Whether the applicant had a request for an initial or renewal OVS franchise denied by any local franchise authority within 36 months of the application;

g.

Whether the applicant had a request for an initial or renewal cable franchise denied by any local franchise authority based upon past performance, or for failing to propose a franchise that reasonably met the cable-related needs and interests of the community in light of the costs thereof, within 36 months of the application; and

h.

Whether the applicant has a pending application for an OVS franchise applicable for the county.

(6)

An applicant may provide information that it would be inappropriate to deny it a franchise for any information submitted pursuant to subsection (5) above, by virtue of the particular circumstances surrounding the matter and the steps taken by the applicant to cure all harms flowing there from 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.

(7)

A demonstration of how the applicant's proposal will reasonably meet the future cable-related needs and interests of the community, including a description of how the proposal will meet the needs described in any recent community needs assessment conducted by or for the county.

(8)

A summary of any services other than cable services offered by the applicant or an affiliate and applicant's plan with respect to the availability of such services in the county.

(9)

Identification of the area of the county to be served and the proposed franchise area boundaries. If an applicant proposes to provide cable service to an area already served by an existing franchisee, the identification of the area where the overbuild would occur, the potential number of subscribers in the area which would encompass the overbuild, and the ability of the public rights-of-way to accommodate the proposed system.

(10)

Any other information as may be reasonably necessary to demonstrate compliance with the requirements of this chapter and information that the county may request of the applicant that is relevant to the county's consideration of the application.

(11)

An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments, and certifying that the proposal meets all requirements of applicable law.

(f)

The county may, in its sole discretion, waive any or all of the above application requirements, unless such requirements are determined to be a requirement of applicable law.

(g)

An application for modification of a franchise agreement shall include, at a minimum, the following information:

(1)

The specific modification requested.

(2)

The justification for the requested modification, including the impact of the requested modification on subscribers and others, and the financial impact on the applicant if the modification is approved or disapproved.

(3)

A statement whether the modification is sought pursuant to § 625 of the cable act, 47 U.S.C. § 545, and, if so, a demonstration that the requested modification meets the standards set forth in 47 U.S.C. § 545.

(4)

Any other reasonable information requested by the county to make an informed determination on the application for modification.

(5)

An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, and certifying that the application is consistent with all requirements of applicable law.

(h)

An application for renewal of a franchise shall comply with the requirements of section 26-12 herein.

(i)

An application for approval of a transfer of a franchise shall comply with the requirements of section 26-13 herein.

(j)

Application fees.

(1)

A nonrefundable fee in an amount provided herein, which may be amended from time to time by the board of county commissioners, shall accompany every application including, but not limited to, subsections (a)(1) through (a)(5) herein.

Initial franchise	$15,000.00
Renewal of a franchise	10,000.00
Transfer of a franchise (other than a pro forma transfer)	7,500.00
Any other relief pursuant to this chapter	2,500.00

 

(2)

The purpose of the filing fee is to defray a portion of the county's cost in processing an application. Such fee may be credited against amounts due under Section 26-10 herein. The filing fee is therefore intended to be a charge incidental to the awarding or enforcing of a franchise within the meaning of § 622(g)(2)(D) of the cable act, 47 U.S.C. §542(g)(2)(D), and may not be deducted from the franchise fee imposed in a franchise agreement, unless required by federal law. To the extent federal law authorizes the deduction of filing fees from franchise fees, the franchisee shall deduct the fees over the entire term of the franchise. Such application fees shall not be deducted from communications services taxes paid pursuant to state law unless such law authorizes such deduction.

(Ord. No. 02-18, § 2, 7-30-02)