§ 4.4-7. Application procedure.

(a)

Fee; information required. Any person interested in obtaining a franchise to operate a cable television system in the county shall submit a written application to the board together with nonrefundable application fee of one hundred dollars ($100.00) which shall contain the following information:

(1)

The name, address and form of business of the applicant. If the applicant is a corporation, it shall also state the names, addresses and occupations of its officers, directors and major stockholders, and the names and addresses of any parent or subsidiary companies. If applicant is a corporation controlled by another corporation, the names, addresses and occupations of the officers, directors and major shareholders of the controlling corporation shall also be stated. If the applicant is a partnership or other unincorporated association, the name and address of each member, whether active or inactive, shall be set forth, and if one or more partners are corporations, the names, addresses and occupations of such corporation's officers, directors and major stockholders shall also be stated.

(2)

A list of all other cable television systems, if any, in which the applicant has a substantial interest, stating the location, approximate number of homes served, and the name and address of the local franchising body.

(3)

A thorough description of the proposed cable television system to be installed and operated; the legal description of the franchise area desired; the manner in which the applicant proposes to construct, install, maintain and operate the same and the extent and manner in which existing or future poles or other facilities of public utility companies will be used in the proposed system, together with a map or maps delineating proposed service areas if the applicant proposes to serve less than the entire franchise area desired.

(4)

A schedule of proposed rates and charges to all classes of subscribers for both installation and monthly service, and a copy of the proposed service agreement between the applicant and its proposed subscribers shall accompany the application. In the event the distance between the transmission line within the public right-of-way and the point of service is more than one hundred fifty (150) feet, an additional installation charge may be computed.

(5)

A copy of any contract which may exist between the applicant and any public utility providing for the use of such utility's property, such as poles, lines or conduits.

(6)

A statement setting forth all agreements and understandings, whether written, oral or implied, between the applicant and any other person with respect to the proposed franchise or the proposed cable television operation.

(7)

A statement specifying the sources of funds to be relied upon by the applicant for the installation and maintenance of all cable television facilities.

(b)

Additional information may be required. The board may request such other information as it deems appropriate to determine the applicant's legal, character, technical and other qualifications and the adequacy and feasibility of its construction arrangements.

(c)

Hearing. Upon or within fourteen (14) days after receipt of an application, the board shall set a public hearing upon the application, which hearing shall be held not less than thirty (30) days nor more than sixty (60) days after the first advertisement of notice thereof. Notice of the hearing shall be published once weekly for not less than two (2) weeks in a newspaper of general circulation in the county. The board may prescribe such additional notice requirements as it may deem appropriate. The notice shall describe the franchise area and the name of the applicant and shall invite other applications for the same franchise area.

(d)

Board's decision. After hearing the evidence, opinions and representations of the interested parties, including members of the public, the board shall render a decision to award or not award a franchise based upon its findings as to the public's convenience and necessity.

(e)

Chapter and application part of franchise. This chapter and the application shall be considered part of any franchise awarded hereunder.

(Ord. No. 73-6, § 11)