§ 23-27. Procedure for consideration of and action on applications.

(a)

The city may make such investigations and take or authorize the taking of such other steps as the city council deems necessary or appropriate to consider and act on applications for franchises or revocable licenses, and may require the applicant to furnish additional information and data for this purpose. In considering applications, the city council may seek advice from other city officials or bodies, from such other advisory bodies as it may establish or determine appropriate, or from the public, and may request the preparation of one or more reports to be submitted to the city council, which may include recommendations with respect to such applications.

(b)

After considering such information as it determines to be appropriate, the city council shall set one or more public hearings for consideration of the application(s), fixing and setting forth a day, hour and place certain when and where any persons having any interest therein or objections thereto may file written comments and appear before the city council and be heard, and providing notice of such public hearing(s) in accordance with applicable law.

(c)

The city council may authorize negotiations between city officials and applicants on the terms of the proposed franchise or revocable license.

(d)

Upon completion of the steps deemed appropriate by the city council, the city council shall consider the application for a franchise or revocable license to provide telecommunications services in accordance with this chapter and applicable law, including 47 U.S.C. § 253, and shall grant the franchise or revocable license, provided that the applicant has agreed to the terms on which the franchise or revocable license is to be granted and meets the evaluation criteria set forth in section 23-26 of this chapter. The city also reserves the right to waive any or all requirements when it determines that the best interests of the city may be served thereby or that such waiver is required by applicable law.

(e)

Upon completion of the steps deemed appropriate by the city council, the city council may grant the revocable license to provide private telecommunications services, and may specify the conditions under which the revocable license is granted. Alternatively, the city may reject any and all applications for a revocable license to provide private telecommunications services. The city also reserves the right to waive any or all requirements when it determines that the best interests of the city may be served thereby.

(Ord. No. 00-18, § I, 10-23-00)