§ 23-22. Franchise applications.

(a)

Applications for franchises and revocable licenses shall be submitted in such form and be issued on such terms and conditions as the city council may determine, subject to applicable law.

(b)

Any application for a franchise or revocable license shall contain and/or require the following information with respect to the proposed franchise or revocable license and such other information as the city council shall deem necessary or appropriate:

(1)

Applicant's name, address, telephone number, and federal employer identification number or social security number; copy of applicant's corporate charter or partnership agreement as applicable; and any trade names (and registrations) used by applicant;

(2)

A detailed statement of the corporation or business entity organization of the applicant, including but not limited to the following, and to whatever extent required by the city:

a.

The names and the residence and business addresses of all officers and directors of the applicant;

b.

The names, residence, and business addresses of all persons and entities having any share of the ownership of the applicant and the respective ownership share of each person or entity;

c.

The names and address of any parent or subsidiary of the applicant, namely, any other business entity owning or controlling applicant in whole or in part or owned or controlled in whole or in part by the applicant, and a statement describing the nature of any such parent or subsidiary business entity;

d.

For purposes of determining whether an applicant has the financial ability to construct and maintain the telecommunications system in a safe manner and in accordance with the city's management policies, rules and regulations with respect to the streets and to the extent not prohibited by law, a detailed and complete financial statement of the applicant, certified by an independent certified public accountant, for the fiscal year immediately preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a recognized lending institution or funding source, addressed to both the applicant and the council, setting forth the basis for any conclusions by such lending institution or funding source regarding the applicant's financial ability to construct and maintain the proposed telecommunications system, and a clear statement of its intent as a lending institution or funding source to provide whatever capital shall be required by the applicant to construct and maintain the proposed telecommunications system in the city, or a statement from an independent certified public accountant certifying that the applicant has available sufficient free, net, and uncommitted cash resources to construct and maintain the proposed telecommunications system in the city; and

e.

For purposes of determining whether the applicant will construct, maintain, operate, and repair the telecommunications system in compliance with the policies, rules and regulations with respect to the streets and in a manner protective of the public health, safety and welfare, the names and addresses for telecommunications systems owned or controlled by the applicant, its parent, and subsidiaries, and the areas served by such systems.

(3)

In order to permit the city to manage its streets, a detailed description of the proposed plan of construction and maintenance of the applicant which shall include, but not be limited to, the following:

a.

A detailed map indicating all areas proposed to be served, and a proposed time schedule for the installation of all equipment throughout the entire area to be serviced;

b.

A detailed, informative, and referenced statement describing the proposed and actual location of facilities and equipment to be used in the streets by the applicant; and

c.

For purposes of assisting the city in determining whether the telecommunications system will be constructed in accordance with the city's management policies, rules and regulations with respect to the streets, a detailed statement setting forth the provisions in any and all agreements and undertakings, whether formal or informal, written, oral, or implied, existing or proposed to exist between the applicant and any person, firm, or corporation which materially relate or pertain to such person, firm, or corporation constructing, or assisting the applicant with the construction of, the telecommunications system in the streets; and

(4)

To the extent not prohibited by law, any other details, statements, supplementary information, or references pertinent to the subject matter of such application which shall be required or requested by the council, or by any other provision of law.

(Ord. No. 00-18, § I, 10-23-00)