§ 38.5.5. Determination by the City.

Within one hundred fifty (150) days after receiving a complete application under Section 38.5.3 hereof, or such lesser period as may be required by law, the corporate authorities shall issue a written determination granting or denying the application in whole or in part. If the application is denied, the written determination shall include the reasons for denial. No provision of this Ordinance shall be deemed or construed as to require the corporate authorities to grant a franchise, and the decision of the corporate authorities concerning selection and awarding of franchises should be final. The following standards and criteria shall be applied to evaluation of an application:

(a)

The financial ability of the applicant, including the available financial resources to assure the applicant's ability to complete the entire system in the franchise area within the time period established by the corporate authorities;

(b)

The technical ability of the applicant including its ability to provide a system design which contains the flexibility to adjust to new technological developments and which indicates that high quality equipment will be used and high quality maintenance practices will be followed;

(c)

The legal ability of the applicant;

(d)

The capacity of the public rights-of-way to accommodate the applicant's proposed facilities;

(e)

The capacity of the public rights-of-way to accommodate additional cable systems, utility and telecommunications facilities if the franchise is granted;

(f)

The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the franchise is granted;

(g)

The public interest in minimizing the cost and disruption of construction within the public rights-of-way;

(h)

The service that applicant will provide to the community and region, including the applicant's ability to provide superior programming or other auxiliary services, giving particular consideration to local origination and the resources which an applicant proposes to devote to local origination in order to make it interesting, innovative and financially feasible;

(i)

The record of the applicant in providing dependable and complete service to other communities and establishing a record of excellent construction practices, ability to meet deadlines, and good planning and marketing practices;

(j)

The reasonableness of installation and subscriber rate schedules, and the applicant's justification of such schedules in financial pro forma statements by the use of realistic levels of penetration;

(k)

The effect, if any, on public health, safety and welfare if the franchise requested is granted;

(l)

The availability of alternate routes or locations for the proposed facilities;

(m)

Applicable federal and state telecommuni-cations laws, regulations and policies;

(n)

Such other factors as may demonstrate that the grant to use the public rights-of-way will serve the community interest.

(Ord. 6-2000 § 2 (part))