§ 114.04. Procedures for new license(s).

(a)

Application filing approval required. Any person desiring to apply for a new license to install and operate a cable television system in the city shall first appear before the city council to obtain approval for the filing of a license application. The city council shall determine whether it would be in the public interest to receive, review and evaluate an application for a new license. The city council will consider both whether the public interest would be served by the possible grant of a new license and whether the expenditure of city time and resources in reviewing and evaluating the application is warranted by the public interest.

(b)

License required. Any person desiring to install and operate a cable television system in the city shall, after receiving city council approval pursuant to subsection 114.04(a), apply to the city council for a license pursuant to this chapter. The license shall be for an initial period not to exceed 15 years and shall be nonexclusive. Applications shall be submitted in writing and at the office of the city clerk, together with a nonrefundable application fee to defray initial costs of processing the application.

(c)

Licensing processing costs. For a new license award costs to be borne by licensee shall include, but shall not be limited to, all costs of publications of notices prior to any public meeting provided for pursuant to a license, development and publication of relevant ordinances and license agreement, fees, and any cost not covered by the application fees, incurred by the city in its study, preparation of proposal solicitation documents, evaluation of all applications, including, but not limited to consultant and attorney fees and city staff time. Prior to commencing evaluation processing, the city shall, by registered mail, notify the applicant(s) of the projected processing costs, if any, in excess of the application fee, and the prorated amount in the case of multiple applicants, and will require each applicant to submit a cashier's check in the specified amount no later than five days from receipt of said notice. Failure to timely remit payment will result in the city deeming the application abandoned. These license processing costs are over and above any construction inspection and permit fees and the license fee.

(d)

Application required. An applicant desiring to install and operate a cable television system in the city shall be required to complete the application forms for a cable television system license, as prescribed by the city, and which shall include details of the applicant's qualifications and experience, applicant's financial capability, financial background, subscriber rates, proposed system technical configuration and operational system description, proposed initial service area(s) and construction timetable, programming and other services, all administrative practices and policies, the economic impact upon private property within the proposed initial service area(s), the public need for the license, the capacity of public rights-of-way to accommodate the cable system, the present and future use of the public rights-of-way to be used by the cable system, and the potential disruption to existing users of the public rights-of-way to be used by the cable system and the resultant inconvenience which may occur to the public. Existing licensees operating in the city are not required to provide the application described herein. Additionally, if an applicant for a new license is requesting an overlapping license within the city, the city shall make a further determination in the public interest as to whether the economic impact upon an existing licensee will result in a loss of or degradation of cable service to existing or potential cable subscribers in the city.

(e)

Evaluation criteria general. The applicant's legal, character, financial, technical and other corporate qualifications, the adequacy of its construction arrangements and system design, service proposals, and the proposed rates and charges as specified in subsection 114.04(d) will be evaluated by the city and/or its designated agent. In the event multiple applications are filed for the same license territory, the applicable criteria will be evaluated on a comparative basis and the city may conclude that the public convenience, safety and general welfare would be best served by denying any and all license applications.

Pursuant to F.S. § 166.046(2), the city shall, prior to granting a new license for cable service, after a duly noticed public hearing, consider the following in evaluating the application:

(1)

The economic impact upon private property within the license area;

(2)

The public need for such license, if any;

(3)

The capacity of public rights-of-way to accommodate the cable system;

(4)

The present and future use of the public rights-of-way to be used by the cable system;

(5)

The potential disruption to existing rights-of-way to be used by the cable system and the resulting inconvenience which may occur to the public;

(6)

The financial ability of the applicant to perform;

(7)

Other societal interests as are generally considered in cable television franchising;

(8)

Such other additional matters, both procedural and substantive, as city may, in its sole discretion, determine to be relevant.

The city may establish additional appropriate evaluation criteria consistent with this chapter and applicable law.

(f)

License applications. Applicants for a license shall submit to the city written applications utilizing the standardized format provided by the city, at the time and place designated by the city for accepting applications, and including the designated application fees. The city may establish appropriate evaluation criteria, consistent with this chapter and applicable law.

(g)

Renewals. License renewals shall be conducted in accordance with the provisions of section 114.07 of this chapter and applicable law.

(h)

Grant of license.

(1)

The city may grant a license for all or any defined portion of the city.

(2)

The city may make the grant of a license conditioned upon the substantial completion of construction within a reasonably prescribed time or upon the performance of other specific obligations which are to be set forth in the license, specifying that failure to comply with the conditions will cause the license to become null and void without further action by the city.

(3)

The city shall hold a public hearing to consider an application or applications. The applicant(s) shall be notified of the hearing and shall be given an opportunity to be heard. Based upon the application(s), the testimony presented at the public hearing, any recommendations of the city manager or staff, and any other information relevant to the application(s), the city shall decide by ordinance whether to grant or deny a license application(s) and decide the terms and conditions of any license(s) granted.

(4)

If the city grants a license, the licensee shall file an acceptance of the license accompanied by any and all bonds, certificates of insurance or other obligations as required in a license agreement within 45 calendar days from the date of the licensee's receipt of the city's ordinance approving the license. This period may be extended for good cause by the city. If the acceptance is not filed with the city within 45 calendar days from the date of the licensee's receipt of the city's ordinance approving the license, or if the period is not extended by the city, the license grant will be null and void without further action of the city. In the case of a renewal, the city may, at its option, grant licensee a short term extension(s) until a license agreement is reached. The grant of such a short term extension(s) will not confer on the licensee the right to an automatic acceptance, transfer, modification or renewal.

(5)

Any license granted pursuant to the ordinance shall be nonexclusive. The city specifically reserves the right to (i) grant at any time such additional licenses for a cable communication system as it deems appropriate, and/or (ii) build, operate, and own such cable communication system or systems as it deems appropriate. In awarding such additional overlapping licenses, or in building and operating its own cable communications system, the city shall not grant overlapping licenses for cable service on terms or conditions more favorable or less burdensome taken as a whole, than those in any existing license if any existing licensee is actually making cable service available in the area where the overlapping license is being sought. A licensee may apply for modification of license requirements or to be excused from any requirements of this chapter which are not similarly imposed on competing cable licensees serving the city.

(Ord. No. 00-24, § 4, 4-10-00; Ord. No. 05-76, § 2, 5-9-05)