Sec. 34-6. Franchise -- Review of Application.
34-6.1. Initial Franchise or Non-formal Renewal.In the case of an application for an initial Franchise or for a renewal Franchise that is not governed by the formal renewal provisions of the Cable Act:
A.The City may advertise for additional applicants and issue a request for proposals (hereinafter “RFP”).
B.The City may give public notice when it receives a properly completed Franchise proposal. After receiving a proposal that contains the required information, the City may schedule a meeting or meetings to determine whether a Franchise should be granted. In making this determination, the City may consider:
1.the extent to which an applicant for renewal has substantially complied with the applicable law and the material terms of any existing cable Franchise for Monterey;
2.whether the applicant for renewal’s quality of service under its existing Franchise, including signal quality, response to customer complaints, billing practices, and the like has been reasonable in light of the needs of the community;
3.where the applicant has not previously held a Franchise for Monterey, whether the applicant’s record in other communities indicates that it can be relied upon to provide high-quality service throughout any Franchise term;
4.whether the applicant has the financial, legal, and technical ability to provide the services, facilities, and equipment set forth in a proposal satisfying any minimum requirements established by the City;
5.whether the applicant’s application is reasonable to meet the future cable-related needs and interests of Monterey, taking into account the cost of meeting such needs and in light of the requirements established by the City;
6.whether issuance of a Franchise is warranted in the public interest considering the immediate and future effect on streets, public property, and private property that will be used by the applicant’s cable system, including the extent to which installation or maintenance as planned would require replacement of property, involve disruption of property or public services, or interfere with the use of streets or public property; the effect of granting the Franchise on the ability of the proposed cable service to meet the cable-related needs and interests of the community, including PEG access channel capacity, facilities, and financial support; and whether the applicant has the financial, technical, and legal qualifications to provide the proposed cable service.
C.The City need not review any proposal that does not include information required by this Ordinance.
34-6.2. Formal Renewal Applications.Applications for renewal governed by the formal renewal provisions of the Cable Act shall be submitted in accordance with this section. A Grantee which intends to exercise rights under 47 U.S.C. § 546(a)-(g) shall submit a notice in writing to the City in a timely manner clearly stating that it is activating the formal renewal procedures of the Cable Act. At the same time it submits this notice, it shall also submit the required application fee. A Grantee which has applied for renewal under the formal renewal provision of the Cable Act shall submit all information requested by the City within the time frame delineated by the City.
34-6.3. Standing Not Granted.This Ordinance is not intended and shall not be interpreted to grant any applicant or Grantee standing to challenge the issuance of a Franchise to another applicant or Grantee. Nothing in this Section 34-6 prohibits the City from relying on studies or proceedings previously conducted in drafting an RFP, if the City Attorney concludes that those studies or proceedings continue to reflect community needs and interests. Nothing in this section prohibits an applicant for renewal from submitting a proposal under 47 U.S.C. § 546(h).
34-6.4. Final Franchise Agreement Required.If, considering the factors set forth above, the City determines that a Franchise should issue to an applicant, the City may promptly prepare a final franchise agreement for approval and signature by the applicant and the City. In addition to other matters that may or must be addressed therein consistent with the Cable Act, the Franchise Agreement shall specify (1) the franchise area for which the Franchise is awarded, and the terms and conditions under which the Grantee must extend service to persons within that franchise area; (2) the term of the Franchise; (3) requirements for cable system design and performance; (4) equipment and facilities requirements; and (5) requirements related to channels, facilities, and equipment for PEG access and community use (including institutional uses). The franchise area may be larger, smaller, or the same as the franchise area identified by the applicant. No Franchise shall be effective or shall issue until the applicant has entered into a franchise agreement with the City, the franchise agreement has been approved by the City, and the applicant has filed an unconditional acceptance of the Franchise in a form acceptable to the City Attorney.