§ 23-26. Evaluation criteria.

An applicant shall be granted a franchise or revocable license to provide telecommunications services, provided the city council reasonably determines that the applicant has agreed to or meets the following factors and such terms, conditions and other factors as the city council deems appropriate and not prohibited by applicable law:

(1)

The adequacy of the proposed compensation to be paid to the city, including the value of any in-kind facilities and telecommunications services offered by the applicant to the city;

(2)

The financial and technical ability of the applicant to construct and maintain a telecommunications system in the streets, and a certificate of public convenience or other authorization from the state or Federal Communications Commission permitting the applicant to provide telecommunications services in the city;

(3)

The ability of the applicant to maintain the property of the city in good condition throughout the term of the franchise;

(4)

The willingness and ability of the applicant to meet construction and physical requirements and to abide by all purpose and policy conditions, limitations and requirements with respect to the franchise, the public health, safety and welfare, and the city's management of streets; and

(5)

To the extent not prohibited by law, any other factors or considerations deemed pertinent by the city for safeguarding the interests of the city and the public.

In making any determination hereunder as to any application for a revocable license to provide private telecommunications services and in accordance with applicable law, the city council may consider such factors as it deems appropriate and in the public interest, including, without limitation, the foregoing factors to the extent applicable.

(Ord. No. 00-18, § I, 10-23-00)