§ 1060-290. APPLICATION FOR AN INITIAL FRANCHISE

(a)

Application for an initial franchise hereunder shall be in writing, shall be accompanied by an application deposit in the amount of fifteen thousand dollars ($15,000.00) non-refundable, and shall be filed with the Grantor's Clerk for transmission to the Grantor and shall contain the following information:

(1)

The legal name and the structure of the entity or entities proposed to hold the franchise and the address of the applicant. If the applicant is a partnership, the application shall state the name and address of each partner. If the applicant is a corporation or limited liability company, the application shall state the names and addresses of its directors, main officers, major stockholders or members, and associates having 10% or greater financial interest in the corporation, and the names and addresses of parent and subsidiary companies. In all cases, the application shall show the percentage of ownership.

(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 the applicant proposes to construct, install, maintain or operate such system and operate any CATV equipment or facilities; a detailed description of the equipment or facilities proposed to be constructed, installed, maintained or operated therein; and the proposed specific location thereof.

(3)

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 if said area is less than the entire Grantor.

(4)

A statement or schedule setting forth the number of channels and all of the television or radio stations proposed to be received, transmitted, conducted, relayed or otherwise conveyed over the CATV system, clearly stating those services included as "Basic Services."

(5)

A statement or schedule in a form approved by the Chief Administrative Officer of proposed rates and charges to subscribers for installation and services, and a copy of the proposed service agreement between the Grantee and its subscribers shall accompany the application.

(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 current (within 12 months) financial statement prepared by an independent certified public accountant, or person otherwise satisfactory to the Grantor showing applicant's financial status and its financial ability to construct, install, operate and maintain proposed CATV system.

(9)

Such supplementary, additional or other information as the Grantor may demand at any time, and the applicant shall provide, and which the Grantor may deem reasonably necessary to determine whether the requested franchise should be granted.

(b)

Upon consideration of any such application, the Grantor may refuse to grant the requested franchise or the Grantor, by resolution, may grant a franchise for a CATV system to any such applicant as may appear from said application to be in its opinion best qualified to render proper and efficient CATV service to the television viewers and subscribers in the Grantor. The Grantor's decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form a part of the franchise as granted. It is the intention of this chapter that the franchise shall not be granted upon a cash auction bid, but that the Grantor shall consider those factors set forth in California Government Code Section S3066 in granting the franchise, including but not limited to the following:

(1)

Quality of service offered;

(2)

Rates to the subscriber;

(3)

Experience and financial responsibility of the applicant;

(4)

Applicant's proposals for providing service to local schools and County installations;

(5)

Whether applicant has a contract with a public utility providing for use of facilities such as poles, lines or conduits of such public utility in the Grantor; and

(6)

Such other factors as the Grantor considers necessary in protecting the public interest.

(c)

Any franchise granted under this chapter shall include the following condition:

"The cable franchise granted under this Ordinance shall be used for the provision of cable services."

Inclusion of the foregoing statement in any such franchise shall not be deemed to limit the authority of the Grantor to include any other reasonable condition, limitation, restriction or authorization which it may deem necessary to impose or include in connection with such franchise pursuant to the authority conferred by this chapter.

The applicant for a franchise shall pay the reasonable costs of the Grantor incurred in the processing, reviewing and awarding of the franchise, including but not limited to staff costs, legal costs and consultant costs, if any. The applicant shall submit with its application a deposit, as set forth above, towards payment of these costs, and shall submit additional deposits if notified by Grantor that the prior deposits have been expended by the Grantor and that additional Grantor incurred costs are anticipated. The Grantor will not formally consider the application unless all requested deposits have been made prior to the time of the County's consideration. All of Grantor's costs shall be paid by the applicant prior to the franchise becoming effective. Should Grantor determine not to grant a franchise, applicant shall only be entitled to a refund of any deposit in excess of the costs incurred by Grantor in reviewing the application.