§ 38.5.3. Application for franchise.

(a)

Any person that desires a cable system franchise shall file an application with the City. Applications for a cable system franchise shall be submitted to the corporate authorities or their designee, on a written application form to be furnished by the City. The application form may request such facts and information as the corporate authorities deem appropriate. Applications shall be accompanied by a nonrefundable application fee in an amount determined by the corporate authorities, which amount shall be used by the City to offset direct expenses incurred in the franchising and evaluation procedures, including, but not limited to, staff time and consulting assistance.

(b)

An applicant to whom the corporate authorities grant a nonexclusive franchise shall, in addition to the nonrefundable fee specified in this Section, pay to the City at the time of the acceptance of the franchise an amount to be determined by the corporate authorities to be used to offset all direct, reasonable expenses actually incurred by the City in granting the franchise which are not defrayed by fees received pursuant to the provisions of subsection (a) of this Section.

(c)

Unless the corporate authorities provide otherwise, the application shall include not less than the following information:

(1)

A clear description of the identity of the applicant including names and residence and business addresses of all officers and directors of the applicant and persons having an ownership interest of five percent or greater;

(2)

A legal description or other clear identification of the area intended to be served by the applicant;

(3)

A description of the cable services that are or will be offered or provided by the franchise applicant over its existing or proposed facilities;

(4)

A description of the transmission medium that will be used by the franchisee to offer or provide such cable services;

(5)

Preliminary engineering plans, specifications and a network map of the facilities to be located within the City, all in sufficient detail to identify:

(A)

The location and route requested for applicant's proposed cable system,

(B)

The location of all overhead and underground public utility, telecommunications, cable, water, sewer, drainage and other facilities in the public right-of-way along the proposed route,

(C)

The location(s), if any, for interconnection with the facilities of other telecommunications provider or cable systems,

(D)

The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate;

(6)

If the applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its cable system on existing utility poles along the proposed route;

(7)

If applicant is proposing an underground installation in existing ducts or conduits within the public rights-of-way, information in sufficient detail to identify:

(A)

The excess capacity currently available in such ducts or conduits before installation of applicant's cable system,

(B)

The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's cable system;

(8)

If the applicant is proposing an underground installation within new ducts or conduits to be constructed within the public rights-of-way:

(A)

The location proposed for the new ducts or conduits,

(B)

The excess capacity that will exist in such ducts or conduits after installation of applicant's cable system;

(9)

A preliminary construction schedule and completion dates;

(10)

A preliminary traffic control plan in accordance with the Illinois' Manual on Uniform Traffic Control Devices;

(11)

Detailed projected financial pro forma for a period of ten (10) years showing projected number of subscribers, rates, system revenues, operating expenses, capital expenditures, depreciation schedules, and income statements. All information is to be presented in the format required by the City;

(12)

Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the facilities;

(13)

Proof of financial support for the system build as evidenced by a letter from the lending institution or other financial entity;

(14)

A description of applicant's prior experience in cable operations including a list of other franchises held by the applicant identified by state, municipality and county, and the date of each franchise expiration;

(15)

Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the cable system and services described in the application;

(16)

Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the cable service;

(17)

A detailed description of the customer service and technical support operation;

(18)

Whether the applicant intends to provide cable service, video dialtone service or other video programming service, and sufficient information to determine whether such service is subject to cable franchising;

(19)

An accurate map showing the location of any existing cable systems in the City that applicant intends to use or lease;

(20)

A description of the services or facilities that the applicant will offer or make available to the City and other public, educational and governmental institutions;

(21)

A description of applicant's access and line extension policies;

(22)

The area or areas of the City which the applicant desires to serve, and a schedule for build-out to the entire proposed franchise area;

(23)

All required fees, deposits or charges;

(24)

Representations that the general partner, any principal or partner, or principal stockholder has never been convicted of a crime involving moral turpitude, and is not presently under indictment charging such a crime; that neither the applicant nor its parent corporation is or has been, a party to any litigation or cause of action, in any court of law or proceeding by the Securities and Exchange Commission, the FCC, or any other governmental body, or administrative agency, relevant to the holding of any franchise agreement or actions of the applicant in any business endeavor;

(25)

Any other and further information as may be requested by the City Manager;

(26)

The grantee's agreement to reimburse the City's out of pocket expenses in connection with the initial franchise grant, as is provided in the applicable provisions of this Chapter.

(d)

A fee of five thousand dollars ($5,000.00) for analysis of the application is required to accompany the application for an initial franchise.

(Ord. 6-2000 § 2 (part))