ࡱ>   #` .bjbj\.\. .x>D>D&   tXtXtX8XdY cYYYYYYYY&c(c(c(c(c(c(c$dhfLc \YY\\Lc YYac]]]\^ Y Y&c]\&c]]VRb@ bYY `UtX`\Rb b,wc0cb g\gbg bPY\Z^]ZL[YYYLcLcj]^YYYc\\\\ KtX tX  An ordinance TO amend and re-enact chapter 9.1 of the code of the city of Hampton, Virginia, entitled cable television, in its entirety including revising and renumbering sections and adding new sections. Chapter 9.1 CABLE TELEVISION* __________ * Cross References: Tax on purchase of cable television service, 37-345 et seq. Cable television advisory committee, 2-311 et seq.; tax on purchase of cable television service, 37-345 et seq. __________ Sec. 9.1-1. Title Declaration of findings and purpose. Sec. 9.1-2. Definitions Title. Sec. 9.1-3. Authority to grant franchises Applicability. Sec. 9.1-4. Application for franchise Preservation of police power authority. Sec. 9.1-5. Franchise renewals Compliance with laws. Sec. 9.1-6. Acceptance and duration of franchise Defined terms. Sec. 9.1-7. Limitation upon grant Authority to grant Franchises. Sec. 9.1-8. Construction of system Procedures to obtain a cable Franchise. Sec. 9.1-9. Repair of streets and public ways Ordinance cable Franchise. Sec. 9.1-10. Removal or abandonment of franchise property Franchise renewals. Sec. 9.1-11. Changes required by public improvements Acceptance and duration of Franchise. Sec. 9.1-12. System maintenance Limitation upon grant. Sec. 9.1-13. Local office required for addressing complaints Construction of system. Sec. 9.1-14. Additional services; route maps; compliance with national standards Repair of streets and public ways. Sec. 9.1-15. Franchise fee Removal or abandonment of Franchise property. Sec. 9.1-16. Inspection of property Changes required by public improvements. Sec. 9.1-17. Liability and indemnification System maintenance. Sec. 9.1-18. Termination of franchise Local office required for addressing complaints and customer service. Sec. 9.1-19. Compliance with laws, rules and regulations Additional services; route maps; compliance with national standards. Sec. 9.1-20. New developments Franchise fee. Sec. 9.1-21. Costs of publication Inspection of property. Sec. 9.1-22. Severability Liability and indemnification. Sec. 9.1-23. Confidentiality Termination of Franchise. Sec. 9.1-24. Compliance with laws, rules and regulations. Sec. 9.1-25. New developments. Sec. 9.1-26. Costs of publication. Sec. 9.1-27. Severability. Sec. 9.1-28. Confidentiality. Sec. 9.1-1. Title Declaration of findings and purpose. This chapter shall be entitled "Cable Television Regulations." (a) The federal Cable Communications Policy Action of 1984, Pub. L. No. 98-549, (codified at 47 U.S.C. 521-611 (1982 & Supp. V. 1987)) as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, and the Telecommunications Act of 1996, Pub. L. No. 104-104 (1996) as it may, from time to time, be amended, allows the City to grant Franchises to construct, operate, and maintain Cable Systems within the City. (b) Virginia law has been amended to establish a mechanism under which providers can obtain a cable Franchise pursuant to either a negotiated cable Franchise or an Ordinance Cable Franchise, Va. Code Ann. 15.2-2108.9, et seq. as amended. (c) This Code is intended to conform to the Virginia laws concerning the granting of either a negotiated cable Franchise or an Ordinance Cable Franchise, while preserving the full extent of its police power authority in order to promote competition in the provision of Cable Services and to protect the public and the public rights-of-way, in a manner consistent with federal and State law. Sec. 9.1-2. Definitions Title. For the purpose of this chapter, the following, terms, phrases, words, derivations and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. Applicant means any person that applies for a franchise under this chapter. Application or proposal are synonymous for the purposes of this chapter. An application or proposal means the process by which the applicant submits a request and indicates a desire to be granted a franchise for all, or a part, of the city. An application or proposal includes all written documentation, and verbal statements and representations, in whatever form or forum, made by an applicant to the council concerning the construction, detailed description of services to be provided, the area to be served within the city, the portion of right-of-way to be used, rendering of services and the manner thereof, rates and charges, maintenance, or any other matter pertaining to the proposed communications system. City executive means the city manager, the city clerk or other designation of the city's chief executive officer or any designee thereof. Communications system means: (1) A facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment; (2) A facility consisting of infrared transmission or point-to-point transmission (as permitted by law); or (3) Any functional equivalent that is designed to provide multichannel service which includes video, voice or data programming and which is provided to multiple subscribers within the city. A communications systems shall include, but not be limited to, a facility used to provide cable television service (including video or other programming service); data or nonvideo programming transportation; telecommunications service; vehicle location service; security monitoring service; paging service; conventional mobile radio telephone service; cellular telecommunications service; or personal communications network service. A communications system shall not include: (a) Any part of a state or FCC licensed local government local exchange telephone company, or any part of a federal-, state-, county- or local government-owned telecommunications systems; (b) A facility that serves only to retransmit the television signals of one or more broadcast stations; (c) A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities uses any public rights-of-way; (d) A facility or a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, except that such facility shall be considered a communications system (other than for purposes of 47 U.S.C. 541) to the extent such facility is used in the transmission of video, voice, or data programming or service directly to subscribers; or (e) Any facilities of any electric utility used solely for operating its electric utility. FCC means the Federal Communications Commission, or a designated representative. Franchise means the nonexclusive right and authority to construct, maintain and operate any part of a communications system described in the application, through use of the public streets, public utility easements or other public rights-of-way or public places in the city. The franchise shall describe in detail all requirements applicable to the franchise, including all applicable requirements of federal, state and local laws. Franchise property means all property owned, installed or used under authority of this chapter by a franchisee. Franchisee means any person to whom a franchise is granted pursuant to this chapter and any lawful successor or assignee of the original franchisee. Person means any natural person and all domestic and foreign corporations, closely held corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, businesses, common law trusts, societies and/or any other legal entity. Street means the surface, the air space above the surface, and the area below the surface of any public street, communications or public utility easement, or other public rights-of-way or public places. Subscriber means any person or entity receiving service provided by a franchisee pursuant to the authority of a franchise. In the event the meaning of any word or phrase not defined herein is uncertain, the definitions contained in applicable FCC rules and regulations shall apply. This chapter shall be entitled Master Cable Ordinance. Sec. 9.1-3. Authority to grant franchises Applicability. (a) The council is empowered and authorized to issue, in accordance with the City Charter, nonexclusive franchises to install, construct, operate and maintain communications systems in the city's streets, as well as to regulate these activities. (b) The council has determined that the granting of franchises for communications systems in the city will promote the public interest, enhance the health and welfare and safety of the public and stimulate commerce by assuring that: (1) Communications systems are responsive to the needs and interests of the city and its residents; (2) Communications systems provide, and are encouraged to provide, the widest diversity of information and service to the public; and (3) There is an orderly process for the granting or renewal of franchises, and oversight of the services provided pursuant to franchises. (c) No person shall construct, operate, maintain, or continue to operate or maintain a communications system which occupies any part of the city's streets without the authority of a franchise granted by the city pursuant to this chapter. (d) No provision of this chapter shall be deemed or construed to require the granting of a franchise by the city. This Ordinance establishes the general Franchise requirements for all Cable Service providers. The amended Chapter 9.1 shall be applicable to all prior existing Cable Service Franchises to the extent not inconsistent with the specific terms of such Franchises, and shall apply to all new Franchises for Cable Services to be awarded by the City on and after its date of adoption. Further, this Ordinance modifies and amends the City Code in order to establish the criteria and procedures by which a provider of Cable Services may obtain permission to operate in the City pursuant to either a negotiated cable Franchise or an Ordinance Cable Franchise. The City may continue to grant a negotiated cable Franchise in accordance with Title VI of the Communications Act of 1934, as amended, 47 U.S.C. 521 et seq., and as provided by State law. The ability to obtain a negotiated cable Franchise shall be available to any qualified Applicant. The ability to obtain an Ordinance Cable Franchise shall be able to: (a) A Cable Provider with previous consent to use the public rights-of-way to provide Cable Services whose negotiated Franchise is up for renewal; (b) A Certificated Provider of Telecommunications Services with previous consent to use the public rights-of-way in the City through a Franchise. (c) A Certificated Provider of Telecommunications Services that lacked previous consent to provide Cable Service in the City but provided telecommunications services over facilities leased from an entity having previous consent to use of the public rights-of-way in the City through a Franchise. Sec. 9.1-4. Application for franchise Preservation of police power authority. (a) Each applicant for a franchise to construct, operate or maintain any communications system in the city shall file an application with the council in a form and containing such information as is requested by the city. The contents of such application may vary, according to the nature of the proposed communications systems; however, an application shall contain, at a minimum, the following information: (1) The name, address and telephone number of the applicant. If the applicant is a partnership, the home and business address of each partner shall also be set forth. If the applicant is a corporation, the application shall state the names and addresses of its directors, main officers, major stockholders and associates and the names and addresses of parent or subsidiary companies. (2) A statement setting forth in its entirety any and all agreements and understandings, whether formal or informal, written, oral or implied, existing or proposed to exist between the applicant and any person who proposes to have an ownership interest with respect to the proposed franchise or to the proposed communications system. If a franchise is granted to a person acting as a representative of another person and such information is not disclosed in the original application, the franchise shall be deemed void and of no force and effect. (3) Financial statements, as determined by the council, prepared by a certified public accountant or person otherwise satisfactory to the council, showing the applicant's financial status and financial ability to complete the construction and installation of the proposed communications system and/or continue the operation of the existing communications system. (4) A statement describing the communications system and specifying the type and capacity of the communications system proposed to be construed, installed, maintained or operated by the applicant and the proposed or existing location of the communications system. (5) A description of all previous experience of the applicant in providing communications system service and in related or similar fields. (6) Any other details, statements, information or references pertinent to the subject matter of such application which shall be required or requested by the council, or by any provision of any other ordinance of the city. (b) Prior to the issuance of a franchise, the council shall hold a public hearing, following reasonable notice to the public, at which every applicant and its proposal shall be examined and the public and all interested parties afforded a reasonable opportunity to be heard. Proposed franchises shall bear any publication costs. (c) In making any determination hereunder as to any application, the council shall consider the impact on the city's right-of-way with the addition of the proposed communications system, the needs of the city, and the legal, technical and financial qualifications of the applicant. The council shall give due consideration to the quality of the service proposed; experience, character, background and the financial responsibility of any applicant and its management and owners; willingness and ability to abide by policy conditions; franchise limitations and requirements; and any other considerations deemed pertinent to the council for safeguarding the interest of the city and the public. The council, in its discretion, shall determine the award of any franchise on the basis of these and other relevant considerations and without competitive bidding. (d) The city may require the applicant for an initial franchise to reimburse the city for its reasonable costs to review the application, including costs for technical assistance to aid the city in understanding the nature and effect of the application. Any rights granted pursuant to this Ordinance, and pursuant to any Franchise authorized hereunder, are subject to the authority of the City to adopt and enforce ordinances necessary to the health, safety, and welfare of the public. Operators shall be subject to and comply with all applicable laws enacted by the City pursuant to its police and regulatory powers, to the extent not in conflict with Virginia or federal law. Nothing in this Ordinance shall be deemed to waive a right, if any, that any party may have to seek judicial or regulatory review as to the provisions herein or as to action of the parties under applicable federal, state, or local law currently in effect or as may hereinafter be amended. Sec. 9.1-5. Franchise renewals Compliance with laws. Franchise renewals shall be according to applicable local, state and federal law, including, but not necessarily limited to, the Cable Communications Policy Act of 1984, as amended. Based on receipt of a request for renewal and applicable local, state and federal law, the city shall have the right to establish procedures for review, approve any such renewal request, and require reimbursement of reasonable costs as may be permitted by law. In performing activities and exercising its rights and obligations under any Franchise, the Cable Operator shall comply with all applicable federal, state and local laws, ordinances, regulations and policies, including, but not limited to, all laws, ordinances, regulations and policies relating to construction and use of public streets. Sec. 9.1-6. Acceptance and duration of franchise Defined terms. (a) Any franchise granted pursuant to this chapter shall become effective in accordance with the terms and conditions approved by the council; provided, that a franchisee has filed with the city clerk a written instrument addressed to the council accepting the franchise, within the time specified by the city council, and agreeing to comply with all provisions of this chapter and the franchise. (b) The term of a franchise shall be stated in the franchise granted, but shall in no event exceed fifteen (15) years. For purposes of this Ordinance, the following terms, phrases, words, and their derivatives shall have the meanings set forth below, unless the context clearly indicates that another meaning is intended or unless otherwise more specifically defined in another Chapter or Code of the City of Hampton. All terms used herein, unless otherwise defined, shall have the same meaning as set for in Title VI of the Communications Act of 1934, 47 U.S.C. 521 et seq. Act means the federal Communications Act of 1934, as amended. Applicant means any person that applies for a Cable Franchise. Cable Operator means any person or group of persons that (i) provides Cable Service over a Cable System and directly or through one or more affiliates owns a significant interest in such Cable System or (ii) otherwise controls or is responsible for, through any arrangement, the management and operation of a Cable System. Cable Operator does not include a provider of wireless or direct-to-home satellite transmission service. Cable Service or Service means the one-way transmission to Subscribers of (i) video programming or (ii) other programming services, and Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. Cable Service does not include any video programming provided by a commercial mobile service provider defined in 47 U.S.C. 332(d). Cable System or Cable Television System or System means any facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service that includes video programming and that is provided to multiple Subscribers within a community, except that such definition shall not include (i) a system that serves fewer than twenty (20) Subscribers; (ii) a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; (iii) a facility that serves only Subscribers without using any public right-of-way; (iv) a facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, 47 U.S.C. 201 et seq., except that such facility shall be considered a Cable System to the extent such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services; (v) any facilities of any electric utility used solely for operating its electric systems; (vi) any portion of a system that serves fewer than fifty (50) Subscribers in any locality, where such portion is a part of a larger system Franchised in an adjacent locality; or (vii) an open video system that complies with 653 of Title VI of the Communications Act of 1934, as amended, 47 U.S.C. 573. Certified Provider of Telecommunications Services means a person holding a certificate issued by the State Corporation Commission to provide local exchange telephone service. City or Locality means the City of Hampton, Virginia. Ordinance Cable Franchise means an ordinance granting a Franchise to the Cable Operator pursuant to applicable provisions of the Virginia Act and this Ordinance. Street means the surface, the air space above the surface, and the area below the surface of any public street, communications or public utility easement, or other public rights-of-way or public places. Subscriber means any person or entity receiving service provided by a Franchisee pursuant to the authority of a Franchise. Transfer means any transaction in which (i) an ownership or other interest in the Cable Operator is transferred, directly or indirectly, from one (1) person or group of persons to another person or group of persons, so that majority control of the Cable Operator is transferred; or (ii) the rights and obligations held by the Cable Operator under the Cable Franchise granted under this Chapter are transferred or assigned to another person or group of persons. However, notwithstanding clauses (i) and (ii) of the preceding sentence, a transfer of the Cable Franchise shall not include (a) transfer of an ownership or other interest in the Cable Operator to the parent of the Cable Operator or to another Affiliate of the Cable Operator; (b) transfer of an interest in the Cable Franchise granted under this Ordinance or the rights held by the Cable Operator under the Cable Franchise granted under this Chapter to the parent of the Cable Operator or to another Affiliate of the Cable Operator; (c) any action that is the result of a merger of the parent of the Cable Operator; (d) any action that is the result of a merger of another Affiliate of the Cable Operator; or (e) a transfer in trust, by mortgage, or by assignment of any rights, title, or interest of the cable operator in the cable Franchise or the system used to provide cable in order to secure indebtedness. Video Programming means programming provided by, or generally considered comparable to, programming provided by a television broadcast station. Virginia Act means Va. Code Ann. 1.52-2108.9, et seq. as amended. Sec. 9.1-7. Limitation upon grant Authority to grant Franchises. (a) No privilege or exemption is granted or conferred by the issuance of a franchise pursuant to this chapter, except as specifically prescribed in the franchise The Council is empowered and authorized to issue, in accordance with the Virginia Act and the City Charter, nonexclusive Franchises to install, construct, operate and maintain Cable Systems in the Citys streets, as well as to regulate these activities. (b) Any franchise granted pursuant to this chapter is a privilege personal to the original franchisee. It cannot in any event be sold, transferred, leased assigned or disposed of as a whole or in part, or otherwise, without prior consent of the city, and then only under such conditions as may be prescribed in such consent; provided, however, that no such consent shall unreasonably be withheld. This prohibition shall apply to the sale or transfer of all or a majority of a franchisee's assets, merger (including any parent and its subsidiary corporation), consolidation, creation of a subsidiary corporation, or sale or transfer of stock in a franchisee so as to create a new controlling interest. The term "controlling interest" is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. Notwithstanding anything to the contrary, no approval shall be required for a transfer or assignment of a franchise to a person controlling, controlled by, or under the same common control as a franchise. The Council has determined that the granting of Franchises for Cable Systems in the City will promote the public interest, enhance the health and welfare and safety of the public and stimulate commerce by assuring that: (1) Cable Systems are responsive to the needs and interests of the City and its residents; (2) Cable Systems provide, and are encouraged to provide, the widest diversity of information and service to the public; and (3) There is an orderly process for the granting or renewal of Franchises, and oversight of the services provided pursuant to Franchises. (c) No person shall construct, operate, maintain, or continue to operate or maintain a Cable System which occupies any part of the Citys streets without the authority of a Franchise granted by the City pursuant to this chapter. (d) No provision of this chapter shall be deemed or construed to require the granting of a Franchise by the City. Sec. 9.1-8. Construction of system Procedures to obtain a cable Franchise. (a) Permits and licenses. Within one hundred eighty (180) days after acceptance of any franchise, the franchisee shall obtain all necessary permits and authorizations which are required in the conduct of its business, including, but not limited to, any utility joint use attachment agreements, microwave carrier franchises, and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of the communications system or associated facilities Franchise Required. No person shall construct, operate, maintain, or continue to operate or maintain a Cable System which occupies any part of the Citys streets or rights-of-way without the authority of either a negotiated Franchise pursuant to applicable law or an Ordinance Cable Franchise granted pursuant to this Chapter. (b) Time for commencement and completion of construction. Within ninety (90) days after obtaining all necessary permits, licenses and authorizations, including rights of access to poles and conduits, the franchisee shall commence construction and installation of the communications system. The construction and installation of the communications system within the territorial limits of the city shall be on a reasonable and equitable basis. The completion of the installation and construction of the communications systems shall be pursued with reasonable diligence, so that service to the area covered by the franchise shall be provided within two (2) years after construction has begun. Significant construction shall be accomplished within one year after the franchisee has obtained all necessary permits, licenses and authorizations, including right of access to poles and conduits Request to Negotiate. In order to obtain either a negotiated Franchise or an Ordinance Cable Franchise, an Applicant shall first file with the City a request to negotiate the terms and conditions of a negotiated cable Franchise under 15.2-2108.20 of the Virginia Act. (c) Extension of time. By resolution, the council, in its discretion, may extend the time for construction, installation and operation in the event the franchisee, acting in good faith, experiences delays by reason of circumstances beyond its control. Application. As part of the request, an Applicant for an initial cable Franchise shall file an application with the City in a form and containing such information as is requested by the City and shall be in a form as determined by the City Attorney and shall contain, where applicable: (1) A statement as to the proposed Franchise Area; (2) Resume of prior history of Applicant, including the legal, technical, and financial expertise of applicant in the cable television field; (3) List of the partners, general and limited, of the applicant, if a partnership, or the percentage of stock owned or controlled by each shareholder, if a corporation; (4) List of officers, directors, and managing employees of applicant, together with a description of the background of each such person; (5) The names and addresses of any parent or subsidiary of applicant or any other business entity owning or controlling applicant in whole or in part, or owned or controlled in whole or in part by Applicant; (6) A current financial statement of Applicant verified by a CPA audit or otherwise certified to be true, complete, and correct to the reasonable satisfaction of the City (Submission of the most recent U.S. Securities and Exchange Commission Annual Report Form 10-K prepared by Applicant) shall be deemed as a satisfactory compliance of this requirement; and (7) A proposed construction and service schedule, shall include, but not be limited to, the following: a description of the tiers of service, programming to be offered, maintenance capability (number of staff, staffing hours, etc.) policies and practices. (d) Evaluation of Application. Applicants may be evaluated according to the following criteria after the City deems the application is complete. A negotiated Franchise may then be adopted at the earliest date as permitted by then applicable City requirements. (1) Consideration may be given to an installation plan that would provide the flexibility needed to adjust to new developments, maintenance practices, and services that would be available to the subscriber and the community immediately and in the future. (2) The evidence of financial ability required in the Applicants proposal will be such as to assure the ability to complete the entire system as proposed within a timely manner. The City will also consider the Applicants ability to operate the System and provide the necessary Services. (3) Consideration may be given to evidence of the Applicants experience in operating a Cable System, where such evidence would show or tend to show or confirm the ability of the Applicant to furnish sufficient and dependable service to the potential public and private users. (4) Consideration may be given to the Applicants ability to meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests. (5) To the extent allowed by applicable law, in making any determination hereunder as to any application, the Council may consider the impact on the Citys rights-of-way with the addition of the proposed Cable System. (6) The City may require the Applicant for an initial Franchise to reimburse the City for its reasonable costs to review the application, including costs for technical assistance to aid the City in understanding the nature and effect of the application. (7) Prior to the issuance of a negotiated Franchise, the Council shall hold a public hearing, following reasonable notice to the public, at which every Applicant and its proposal shall be examined and the public and all interested parties afforded a reasonable opportunity to be heard. Applicant(s) shall bear any publication costs. Sec. 9.1-9. Repair of streets and public ways Ordinance cable Franchise. (a) Any and all streets and public ways in the city which are disturbed or damaged during the construction, operation, maintenance or reconstruction of a communications system shall be repaired by the franchisee at its expense and to a condition as good as that prevailing before such work An Applicant shall request and make itself available to participate in cable Franchise negotiations at least forty-five (45) calendar days prior to filing a notice electing an Ordinance Cable Franchise unless the Applicant already holds a negotiated cable Franchise from the locality or the City elects not to negotiate. (b) Upon the failure, refusal or neglect of the franchisee to cause any work or other act required by law, this chapter or the franchise to be properly completed or performed, after notice to the franchisee, the council may cause this work or other activity to be completed or performed, in whole or in part, to the satisfaction of the city. Upon so doing, the city shall submit to the franchisee an itemized statement of the cost thereof. The franchisee shall, within thirty (30) days after receipt of the statement, pay to the city the entire amount thereof. If after the initial forty-five (45) days of negotiations, an Applicant elects to pursue an Ordinance Cable Franchise, the president or chief executive officer of the Applicant shall file notice with the City that it elects to receive an ordinance cable Franchise at least thirty (30) days prior to offering Cable Service within the city. The notice shall be accompanied by a map or a boundary description showing: (1) The initial service area in which the Cable Operator intends to provide Cable Service in the locality within the three-year period required for an initial service area; and (2) The area in the City in which the Cable Operator has its telephone facilities. The map or boundary description of the initial service areas may be amended by the Cable Operator by filing with the City a new map or boundary description of the initial service area. (c) The City shall adopt an Ordinance Cable Franchise within one hundred twenty (120) days of the Applicant filing the notice required in the subsection above. An ordinance adopted under this section that relates to a Cable Operators provision of Cable Service shall apply to such Cable Operator retroactively to the date on which the Cable Operator began to offer Cable Service in the City pursuant to this Ordinance. (d) Notice of the public hearing for any such Ordinance Cable Franchise shall be advertised once a week for two (2) successive weeks in a newspaper having general circulation in the City. The advertisement shall include a statement that a copy of the full text of the ordinance is on file in the office of the clerk of Council. All costs of such advertising shall be assessed against the Applicant. (e) Unless otherwise prohibited by applicable law, notwithstanding the election of an Ordinance Cable Franchise, Applicant shall be required to complete an application and reimburse the City for its reasonable costs of reviewing the application, system designs and grant of Franchise. Sec. 9.1-10. Removal or abandonment of franchise property Franchise renewals. (a) In the event that the use of any franchise property is discontinued for any reason for a continuous period of twelve (12) months, any franchise property has been installed in a street without complying with the requirements of this chapter and a franchise, or the franchise has been terminated, canceled or has expired, the franchisee, at its expense, shall, at the demand of the city, remove promptly from the streets all franchise property other than any which the city may permit to be abandoned in place. In the event of any such removal, the franchisee shall promptly restore, to a condition as nearly as possible to its prior condition, the street or other public places in the city from which franchise property has been removed. (b) Franchise property to be abandoned in place shall be abandoned in the manner prescribed by the city. Upon the permanent abandonment of any franchise property in place, the franchisee shall delivery to the city executive an instrument transferring to the city the ownership of the franchise property abandoned. It shall be in the council's discretion to accept or reject such transfer of franchise property. Franchise renewals shall be according to applicable local, state and federal law, including, but not necessarily limited to, the Cable Communications Policy Act of 1984, as amended, the Virginia Act and this Chapter. Based on receipt of a request for renewal and applicable local, state and federal law, the City shall have the right to establish procedures for review, approve any such renewal request, and require reimbursement of reasonable costs as may be permitted by law. The City and a Franchisee, may, by mutual consent, enter into renewal negotiations at any time during the term of an existing Franchise. Sec. 9.1-11. Changes required by public improvements Acceptance and duration of Franchise. The franchisee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street, alley, or public place, or remove from any street, alley or public place any franchise property when required by the city by reason of traffic conditions, public safety, street vacation, freeway grade, installation of sewers, drains and tracts, or any other type of construction or improvement, including, but not limited to, placement of structures and improvements underground by governmental agencies when acting in a governmental or proprietary capacity; provided, however, that the franchisee shall in all such cases have the privileges and be subject to the obligations to abandon franchise property in place, as provided in section 9.1-9. (a) Any Franchise granted pursuant to this chapter shall become effective in accordance with the terms and conditions approved by the Council; provided, that a Franchisee has filed with the clerk of Council a written instrument addressed to the Council accepting the Franchise, within the time specified by the City Council, and agreeing to comply with all provisions of this chapter and the Franchise. (b) The term of a Franchise shall be stated in the Franchise granted, but shall in no event exceed fifteen (15) years. Sec. 9.1-12. System maintenance Limitation upon grant. The franchisee shall: (1) Put, keep and maintain all parts of the communications system in good condition throughout the entire period of the franchise. (2) Render efficient service, make repairs promptly and interrupt service to subscribers only for good cause and for the shortest time possible. Scheduled interruptions, insofar as possible, shall be preceded by notice given to subscribers and the city executive twenty-four (24) hours in advance, and shall occur during periods of minimum use of the communications system. (3) Upon request by the council, make a demonstration satisfactory to the council that the technical quality of the services provided by the communications system meets any and all standards set forth in the franchise and any applicable regulations of the FCC. (a) No privilege or exemption is granted or conferred by the issuance of a Franchise pursuant to this chapter, except as specifically prescribed in the Franchise. (b) Any Franchise granted pursuant to this chapter is a privilege personal to the original Franchisee. The Cable Operator shall not transfer a Franchise granted hereunder without the prior written consent of the City, provided that such consent shall not be unreasonably withheld, delayed, or conditioned. The transfer shall be made to a Person, group of persons or Affiliate that is legally, technically, and financially qualified to operate the Cable System and satisfy the Franchise obligations. Sec. 9.1-13. Local office required for addressing complaints Construction of system. Each franchise shall require that the franchisee maintain a local business office, or agent, which subscribers may telephone during regular business hours, without incurring added message or toll charges, so that complaints regarding the service provided pursuant to a franchise may be promptly reported to the franchisee. Should a subscriber have an unresolved complaint regarding such service, the subscriber shall be entitled to file its complaint with the city executive, who has primary responsibility for the continuing administration of the franchise and the procedures for resolving complaints, and thereafter to meet jointly with a representative of the city and a representative of the franchisee within thirty (30) days to fully discuss and resolve such matters. The franchisee shall notify each subscriber, at the time of initial subscription or contract for service with the franchisee, of the procedures for reporting and resolving such complaints. Each Franchise, whether negotiated or granted pursuant to this Chapter, shall contain Cable System construction requirements and obligations related to build-out and provisions of Cable Service pursuant to the provisions of the Virginia Act and all other applicable federal and local laws. Sec. 9.1-14. Additional services; route maps; compliance with national standards Repair of streets and public ways. (a) [Additional services.] As permitted by state and federal law, each franchise may require a franchisee to provide facilities and services to public schools and community colleges within the city, and to fire and police stations and other buildings owned and controlled by the city used for public nonresidential purposes Any and all streets and public ways in the City which are disturbed or damaged during the construction, operation, maintenance or reconstruction of a Cable System shall be repaired by the Franchisee at its expense and to a condition as good as that prevailing before such work. (b) System maps and layout. The franchisee shall have, at all times, up-to-date route maps showing the location of the communications system adjacent to the streets. The franchisee shall make all maps available for review by the appropriate city personnel Upon the failure, refusal or neglect of the Franchisee to cause any work or other act required by law, this chapter or the Franchise to be properly completed or performed, after notice to the Franchisee, the Council may cause this work or other activity to be completed or performed, in whole or in part, to the satisfaction of the City. Upon so doing, the City shall submit to the Franchisee an itemized statement of the cost thereof. The Franchisee shall, within thirty (30) days after receipt of the statement, pay to the City the entire amount thereof. (c) System construction and equipment standards. The communications system shall be installed and maintained in accordance with standard good engineering practices and shall conform, when applicable, with the National Electrical Safety Code and the FCC's rules and regulations. Sec. 9.1-15. Franchise fee Removal or abandonment of Franchise property. (a) As permitted by state and federal law, a franchisee may be required to pay to the city a franchise fee, as set forth in the franchise, in compensation for the use of the city's streets pursuant to the franchise, and to reimburse the city for its costs associated with the evaluation of an application and grant of franchise In the event that the use of any Franchise property is discontinued for any reason for a continuous period of twelve (12) months, any Franchise property has been installed in a street without complying with the requirements of this chapter and a Franchise, or the Franchise has been terminated, canceled or has expired, the Franchisee, at its expense, shall, at the demand of the City, remove promptly from the streets all Franchise property other than any which the City may permit to be abandoned in place. In the event of any such removal, the Franchisee shall promptly restore, to a condition as nearly as possible to its prior condition, the street or other public places in the City from which Franchise property has been removed. (b) If a franchise requires payment of a franchise fee, each such franchise shall authorize the city to require an audit, at the franchisee's expense, for the franchisee's financial records and accountings relating to the franchise fee. The franchisee shall furnish the city, upon reasonable request, such data as needed to conduct such audit in accordance with generally accepted accounting principles Franchise property to be abandoned in place shall be abandoned in the manner prescribed by the City. Upon the permanent abandonment of any Franchise property in place, the Franchisee shall deliver to the City executive an instrument transferring to the City the ownership of the Franchise property abandoned. It shall be in the Councils discretion to accept or reject such transfer of Franchise property. (c) The city and its representatives shall have the right to inspect the franchisee's financial records during normal business hours to determine whether the franchisee has properly paid all sums due to the city pursuant to the terms of the franchise. (d) Any neglect, omission or refusal of the franchisee to cooperate with the city in reviewing its financial information for the purpose of auditing payment of the franchise fee, or to pay the franchisee fee in full, at the time and in the manner provided in the franchise, which neglect, omission or refusal shall continue for more than thirty (30) days following written notice thereof to the franchisee from the city, shall be grounds for the termination of this franchise, as provided for in section 9.1-17 hereof. Sec. 9.1-16. Inspection of property Changes required by public improvements. At all reasonable times, the franchisee shall permit examination by any duly authorized representative of the city of all franchise property, together with any appurtenant property of the franchisee situated within or without the city. The Franchisee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street, alley, or public place, or remove from any street, alley or public place any Franchise property when required by the City by reason of traffic conditions, public safety, street vacation, freeway grade, installation of sewers, drains and tracts, or any other type of construction or improvement, including, but not limited to, placement of structures and improvements underground by governmental agencies when acting in a governmental or proprietary capacity; provided, however, that the Franchisee shall in all such cases have the privileges and be subject to the obligations to abandon Franchise property in place, as provided in section 9.1-14. Sec. 9.1-17. Liability and indemnification System maintenance. (a) The franchisee shall pay all damages and penalties which the city may legally be required to pay as a result of granting a franchisee's franchise. (b) The franchisee shall pay all expenses incurred by the city in defending itself with regard to all damages and penalties mentioned above. The expenses shall include all costs, such as attorney's fees. (c) In order for the city to assert the rights to be indemnified, defended and held harmless, the city must: (1) Promptly notify the grantee of any claim or legal proceeding which gives rise to such right; (2) Afford the grantee the opportunity to participate in and fully control any compromise, settlement or other resolution or disposition of such claim or proceeding; unless, however, the city, in its sole discretion, determines that its interests cannot be represented in good faith by the grantee; and (3) Fully cooperate with the reasonable requests of the grantee, at the grantee's expense, in its participation in, and control, compromise, settlement or resolution, or other disposition of, such claim or proceeding subject to subsection (2) above. (d) The franchisee shall be required to secure and maintain in force, for the duration of the franchise, general comprehensive liability insurance insuring against all damages charged to the city or the franchisee resulting from the installation, development, maintenance or expansion of a franchisee's communications system. The city shall be named in all such policies as a co-insured, or added thereon by endorsement as a named insured. A certificate of insurance for each policy, as well as a copy of each policy, shall be filed with the city clerk. Each certificate shall provide that if the policy it covers shall be canceled by the insurance company, or the franchisee during the term of the policy, thirty (30) days' written notice prior to the effective date of cancellation shall be given to the council. The Franchisee shall: (a) Put, keep and maintain all parts of the communications system in good condition throughout the entire period of the Franchise. (b) Render efficient service, make repairs promptly and interrupt service to subscribers only for good cause and for the shortest time possible. Scheduled interruptions, insofar as possible, shall be preceded by notice given to subscribers and the City executive twenty-four (24) hours in advance, and shall occur during periods of minimum use of the communications system. (c) Upon request by the Council, make a demonstration satisfactory to the Council that the technical quality of the services provided by the communications system meets any and all standards set forth in the Franchise and any applicable regulations of the FCC. Sec. 9.1-18. Termination of franchise Local office required for addressing complaints and customer service. (a) The city may terminate any franchise granted pursuant to this chapter in the event of the failure, refusal or neglect by the franchisee to do or comply with any material requirement or limitation contained in this chapter or in the franchise Each Franchise shall require that the Franchisee maintain a local business office, or agent, which subscribers may telephone during regular business hours, without incurring added message or toll charges, so that complaints regarding the service provided pursuant to a Franchise may be promptly reported to the Franchisee. Should a subscriber have an unresolved complaint regarding such service, the subscriber shall be entitled to file its complaint with the City executive, who has primary responsibility for the continuing administration of the Franchise and the procedures for resolving complains, and thereafter to meet jointly with a representative of the City and a representative of the Franchisee within thirty (30) days to fully discuss and resolve such matters. The Franchisee shall notify each subscriber, at the time of initial subscription or contract for service with the Franchisee, of the procedures for reporting and resolving such complaints. (b) Prior to termination of a franchise, the city shall make written demand that the franchisee do or comply with the requirement, limitation, term, condition, rule or regulation of which the franchisee is in default. If the failure, refusal or neglect of the franchisee to comply continues for a period of thirty (30) days following such written demand, a request for termination of the franchise may be placed upon the council meeting agenda. The city shall given written notice to the franchisee, at least ten (10) days prior to the date of such council meeting, of its intent to terminate the franchise, and the time and place of the meeting All Franchises shall obligate the Franchisee to comply with City adopted Customer Service standards to the extent allowed under applicable law, as they may now exist or may be amended. (c) The council shall consider its intent to terminate the franchise and shall hear any persons interested therein, and shall determine whether or not any failure, refusal or neglect by the franchisee to comply with the terms and conditions of this chapter or the franchise was with just cause. (d) If such failure, refusal or neglect by a franchisee to comply was with just cause, the council shall direct the franchisee to comply with the terms and conditions of this chapter or the franchise within such time and in such manner and upon such terms and conditions as are determined by the council. (e) If the council shall determine such failure, refusal or neglect by a franchisee to comply was without just cause, then the council may pass its ordinance declaring that the franchise of such franchisee shall be terminated and forfeited, unless there by compliance by the franchisee within such period as the council may establish in such ordinance. (f) The termination and forfeiture of any franchise shall in no way affect any of the rights of the city under the franchise, this chapter, or any provision of law. (g) No sanction shall be invoked or franchise revoked where the failure or delay was due to acts of God or events beyond the reasonable control of the franchise. Sec. 9.1-19. Compliance with laws, rules and regulations Additional services; route maps; compliance with national standards. Any of the provisions or terms of this chapter may be amended by the council in order to be made consistent with any new or amended law, rule or regulation of governmental authorities with jurisdiction to regulate communications systems. Where amendment to laws, rules or other regulatory standards requires modification of any franchise granted pursuant to this chapter, the modifications necessary to effect compliance with such laws, rules or regulations shall be made within one year of the effective date of such change, or at the time of renewal of the franchise, whichever occurs first. (a) Additional services. As permitted by state and federal law, each Franchise may require a Franchisee to provide facilities and services to public schools and community colleges within the City, and to fire and police stations and other buildings owned and controlled by the City used for public nonresidential purposes. (b) Public, educational, and governmental access channels. Consistent with applicable federal and state law, all Franchises shall obligate the Franchisee to non-discriminatory obligations with respect to public, educational, and governmental access channels. (c) System maps and layout. The Franchisee shall have, at all times, up-to-date route maps showing the location of the communications system adjacent to the streets. The Franchisee shall make all maps available for review by the appropriate City personnel. (d) System construction and equipment standards. The communications system shall be installed and maintained in accordance with standard good engineering practices and shall conform, when applicable, with the National Electrical Safety Code and the FCCs rules and regulations. Sec. 9.1-20. New developments Franchise fee. It shall be the policy of the city to liberally amend this chapter, upon application of a franchisee, when necessary to enable the franchisee to take advantage of any developments in the field of communications systems which will afford an opportunity to more effectively, efficiently, or economically serve its subscribers. (a) As permitted by state and federal law, a Franchisee may be required to pay to the City a Franchise fee, as set forth in the Franchise, in compensation for the use of the Citys streets pursuant to the Franchise, and to reimburse the City for its costs associated with the evaluation of an application and grant of Franchise. (b) If a Franchise requires payment of a Franchise fee, each such Franchise shall authorize the City to require an audit, at the Franchisees expense, of the Franchisees financial records and accountings relating to the Franchise fee. The Franchisee shall furnish the City, upon reasonable request, such data as needed to conduct such audit in accordance with generally accepted accounting principles. (c) The City and its representatives shall have the right to inspect the Franchisees financial records during normal business hours to determine whether the Franchisee has properly paid all sums due to the City pursuant to the terms of the Franchise. (d) Any neglect, omission or refusal of the Franchisee to cooperate with the City in reviewing its financial information for the purpose of auditing payment of the Franchise fee, or to pay the Franchisee fee in full, at the time and in the manner provided in the Franchise, which neglect, omission or refusal shall continue for more than thirty (30) days following written notice thereof to the Franchisee from the City, shall be grounds for the termination of this Franchise, as provided for in section 9.1-23 hereof. Sec. 9.1-21. Costs of publication Inspection of property. The franchisee shall assume any cost of publication of its franchise, as such publication may be required by law, and such is payable upon the franchisee's filing of acceptance of the franchise. At all reasonable times, the Franchisee shall permit examination by any duly authorized representative of the City of all Franchise property, together with any appurtenant property of the Franchisee situated within or without the City. Sec. 9.1-22. Severability Liability and indemnification. If any section, subsection, sentence, clause, phrase or portion of this chapter, or any franchise granted hereunder, is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof or thereof. (a) The Franchisee shall pay all damages and penalties which the City may legally be required to pay as a result of granting a Franchisees Franchise. (b) The Franchisee shall pay all expenses incurred by the City in defending itself with regard to all damages and penalties mentioned above. The expenses shall include all costs, such as attorneys fees. (c) In order for the City to assert the rights to be indemnified, defended and held harmless, the City must: (1) Promptly notify the grantee of any claim or legal proceeding which gives rise to such right; (2) Afford the grantee the opportunity to participate in and fully control any compromise, settlement or other resolution or disposition of such claim or proceeding; unless, however, the City, in its sole discretion, determines that its interests cannot be represented in good faith by the grantee; and (3) Fully cooperate with the reasonable requests of the grantee, at the grantees expense, in its participation in, and control, compromise, settlement or resolution, or other disposition of, such claim or proceeding subject to subsection (2) above. (d) The Franchisee shall be required to secure and maintain in force, for the duration of the Franchise, general comprehensive liability insurance insuring against all damages charged to the City or the Franchisee resulting from the installation, development, maintenance or expansion of a Franchisees communications system. The City shall be named in all such policies as a co-insured, or added thereon by endorsement as a named insured. A certificate of insurance for each policy, as well as a copy of each policy, shall be filed with the City Clerk. Each certificate shall provide that if the policy it covers shall be canceled by the insurance company, or the Franchisee during the term of the policy, thirty (30) days written notice prior to the effective date of cancellation shall be given to the Council. Sec. 9.1-23. Confidentiality Termination of Franchise. All information of a financial or personal nature provided to the council for the purposes of this chapter or a franchise shall be used only for the purposes prescribed by this chapter or the franchise and, further, shall not be published or provided orally or in writing to any person, entity, or agency, except as required by law or court order. (a) The City may terminate any Franchise granted pursuant to this chapter in the event of the failure, refusal or neglect by the Franchisee to do or comply with any material requirement or limitation contained in this chapter or in the Franchise. (b) Prior to termination of a Franchise, the City shall make written demand that the Franchisee do or comply with the requirement, limitation, term, condition, rule or regulation of which the Franchisee is in default. If the failure, refusal or neglect of the Franchisee to comply continues for a period of thirty (30) days following such written demand, a request for termination of the Franchise may be placed upon the Council meeting agenda. The City shall give written notice to the Franchisee, at least ten (10) days prior to the date of such Council meeting, of its intent to terminate the Franchise, and the time and place of the meeting. (c) The Council shall consider its intent to terminate the Franchise and shall hear any persons interested therein, and shall determine whether or not any failure, refusal or neglect by the Franchisee to comply with the terms and conditions of this chapter or the Franchise was with just cause. (d) If such failure, refusal or neglect by a Franchisee to comply was with just cause, the Council shall direct the Franchisee to comply with the terms and conditions of this chapter or the Franchise within such time and in such manner and upon such terms and conditions as are determined by the Council. (e) If the Council shall determine such failure, refusal or neglect by a Franchisee to comply was without just cause, then the Council may pass its ordinance declaring that the Franchise of such Franchisee shall be terminated and forfeited, unless there is compliance by the Franchisee within such period as the Council may establish in such ordinance. (f) The termination and forfeiture of any Franchise shall in no way affect any of the rights of the City under the Franchise, this chapter, or any provision of law. (g) No sanction shall be invoked or Franchise revoked where the failure or delay was due to acts of God or events beyond the reasonable control of the Franchise. Sec. 9.1-24. Compliance with laws, rules and regulations. Any of the provisions or terms of this chapter may be amended by the Council in order to be made consistent with any new or amended law, rule or regulation of governmental authorities with jurisdiction to regulate communications systems. Where amendment to laws, rules or other regulatory standards requires modification of any Franchise granted pursuant to this chapter, the modifications necessary to effect compliance with such laws, rules or regulations shall be made within one (1) year of the effective date of such change, or at the time of renewal of the Franchise, whichever occurs first. Sec. 9.1-25. New developments. It shall be the policy of the City to liberally amend this chapter, upon application of a Franchise, when necessary to enable the Franchisee to take advantage of any developments in the field of communications systems which will afford an opportunity to more effectively, efficiently, or economically serve its subscribers. Sec. 9.1-26. Costs of publication. The Franchisee shall assume any cost of publication of its Franchise, as such publication may be required by law, and such is payable upon the Franchisees filing of acceptance of the Franchise. Sec. 9.1-27. Severability. If any section, subsection, sentence, clause, phrase or portion of any Franchise granted under this chapter, is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Sec. 9.1-28. Confidentiality. All information of a financial or personal nature provided to the Council for the purposes of this chapter or a Franchise shall be used only for the purposes prescribed by this chapter or the Franchise and, further, shall not be published or provided orally or in writing to any person, entity, or agency, except as required by law or court order. EXHIBIT A CITY OF HAMPTON APPLICATION FORM This Application is for a usage agreement in the City of Hampton for the construction, operation and/or maintenance of communications services or facilities in the Citys rights-of-way. This application requires payment of a non-refundable application fee of . For purposes of this Application Form, the term Communications Service means the transmission of writing, signs, signals, pictures, sounds or other forms of intelligence through wire, wireless or other means, including, but not limited to, any telecommunications service, cable service, enhanced service, information service, or Internet service, as such terms are now, or may in the future be, defined under federal law, and including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission. PART A: GENERAL INFORMATION 1. Name of Applicant, Including All Affiliates of the Applicant: Applicant: Date: Affiliates: 2. Address of Applicant: 3. Name and Telephone Number of Contact Person for Applicant: 4. Is this an Application for (check all that apply and explain): a. An initial license to construct, operate and/or maintain ducts, conduits or other facilities in the Citys rights-of-way . b. An initial license to utilize the Citys rights-of-way to provide any Communications Service . c. An expansion, change, or modification of an existing system or amendment of a Franchise to change or expand services or facilities . d. Other, describe: PART B: DESCRIPTION OF PROPOSED CONSTRUCTION PLANS, THE SYSTEM AND SERVICES 1. Describe in Detail: a. The geographic area within the City of Hampton in which the Applicant proposes to construct its facilities and/or offer Communications Service and a schedule for buildout to entire area. b. Types of facilities to be installed, constructed or utilized (e.g., reinforced conduit, duct banks, fiber, co-axial cable, copper twisted pair) and the precise location within the public rights-of-way or other locations where such facilities will be placed. c. The location of all facilities, including the use of existing overhead and underground public utility, conduit, telecommunications cable, water, sewer drainage and other facilities, in the public right-of-way along the proposed route, or other locations. (1) If the facilities are to be installed overhead, identify the space available for locating telecommunications facilities on existing utility poles along the proposed route. (2) If the facilities are to be installed underground in existing ducts or conduits, identify: (i) The available capacity in such ducts or conduits before installation of Applicants facilities. (ii) The capacity that will remain after the Applicants facilities are installed. (iii) The number and location of additional manholes or handholes required. (3) If Applicant is proposing to install new ducts or conduits underground in the public rights-of-way, identify: (i) The proposed location(s). (ii) The excess capacity that will exist after installation. (iii) The number, size and location of vaults, manholes and handholes required. (iv) Other equipment and facilities to be installed. d. The specific trees, structures, improvements, facilities, and obstructions, if any, that Applicant proposes to temporarily or permanently remove or relocate. e. Provide a scaled blueprint map of the proposed service area visually indicating the same information. 2. Assuming that the Applicant obtains permission to use the public rights-of- way for the term proposed by the Applicant, describe the types of facilities and/or services that the Applicant plans to provide during the relevant term. This information is necessary for the City to assess the proper fee under law. a. Does the Applicant plan to offer private switched telephone services to customers? b. Does the Applicant plan to offer local switched telephone services to Hampton residents either through its own facilities or as a resale carrier? c. Does the Applicant plan to offer long-distance services either through its own facilities or as a resale carrier? d. Does the Applicant plan to offer any type of video programming service to its customers, including cable television, open video system service, or video dialtone service? e. Does the Applicant intend to lease or sell dark fiber on its system to other entities? f. Does the Applicant intend to lease or sell transmission capacity on its system to other entities? g. Does Applicant intend to lease or sell space in ducts or conduits for use by other entities? h. Does Applicant intend to lease or sell Internet access services, security services, energy-related services or any other Communications Services not previously listed in this section? 3. If any of the questions in paragraph 2 of this Application were answered yes, please describe in detail to whom, how, and when such services or facilities will be offered. Please note separate facilities owned by another but utilizing Applicants facilities, including conduits, are subject to the Application requirements and fees imposed by the City. 4. Has the Applicant reviewed the construction standards set forth in the Construction and Administration Ordinance? Provide a schedule and completion dates for development and construction of the Applicants proposed facilities, Telecommunications System or Open Video System. 5. Please describe the Applicants proposed maintenance plan. a. If leasing access to ducts or conduits by third-party Communications Service providers, please explain the installation and maintenance procedures for such third-party communications facilities. 6. Has the Applicant reviewed the conditions and requirements regarding licensing and permits set forth in the Construction and Administration Ordinance and Telecommunications Ordinance? 7. If the Applicant proposes to provide any Communications Service, has the Applicant obtained all required federal, state and local permits, licenses, certificates and Franchises and met all other legal requirements? If yes, please attach all relevant documentation. 8. If the Applicant has not yet complied with all relevant legal requirements, provide detailed documentation of the steps that the Applicant has taken, or intends to take, toward that end. 9. Will the Applicant have a local office in the City? If so, how many employees will it office? In what capacity will the employees serve? Will such employees perform construction and maintenance on the system? Will such employees serve as a local contact for the City regarding the Construction Ordinance and the applicants use agreement? 10 If applicant intends to provide open video service, provide a description of services that Applicant will offer or make available to the City and other public, educational, and governmental institutions. 11. Provide a detailed estimate of construction costs for the Initial System with respect to the use of the Citys rights-of-way, including excavation and right- of-way restoral, or if this Application relates to a request to expand the type, scope, or geographical location of services, a detailed estimate of the right- of-way construction costs of such expansion. This information will be subject to independent verification by the City. PART C: APPLICANT 1. Please provide the names and titles of each general or limited partner, officer, or director if the Applicant. Also provide the names of any shareholder of the Applicant owning more than 5% of the Applicants outstanding common stock (if the Applicant is a corporation). 2. Please list any subsidiaries, or other entities in which the Applicant owns a controlling equity interest. 3. Please provide an organizational chart of the Applicants operations. 4. If intending to provide any Communications Service, describe how you will operate locally to serve the City. Specifically address where the Applicant intends to open a local office in the City, what other administrative facilities will be located in City, how many persons will be employed by the Applicant in City. 5. Please provide the City with contact names, addresses, and phone numbers of three municipalities where the Applicant has been granted permission to use the public rights-of-way to provide any Communications Service. 6. Has the Applicant obtained the right to provide a Communications Service in any other municipality and transferred such right to another entity within five (5) years of obtaining it? PART D: LEGAL BACKGROUND OF APPLICANT 1. Has the Applicant ever been engaged in any litigation with a municipality with respect to use of right-of-way? If so, please describe the nature of the dispute, the municipalities involved, the amount of damages, if any, paid by either party and whether the dispute had been finally resolved. 2. The Telecommunications Act of 1996 (Act) modified the regulatory authority of the city over telecommunications providers and also imposed new requirements on telecommunications providers. Please discuss the Applicants interpretation of how the Act affected the Citys powers to regulate your business in the City. 3. Is the Applicant currently involved in any disputes before any federal, state, or local regulatory agency that would impact the ability of the entity to legally construct, maintain or provide facilities or services in the City? If so, please describe. 4. Have you reviewed the Citys Construction and Administration Ordinance, Telecommunications Ordinance, and Rights-of-Way Use Agreement? Please discuss any objections the Applicant has to any provision, explaining the grounds for those objections. PART E: FINANCIAL BACKGROUND OF APPLICANT 1. Please provide the City with a copy of the Applicants audited financial statements for each of the past three (3) fiscal years, including an income statement, balance sheet, statement of cash flows, and statement of owners equity. This information is required to determine whether the applicant can insure the costs of all right-of-way related costs, and liabilities. 2. What will the cost be for the right of way construction of the proposed facilities or services? 3. How will the Applicant finance the cost of the right-of-way construction for the proposed facilities or services? Please provide proof of the availability of such financing. 4. Please submit a proposal for a security fund of some kind adequate to protect the Citys interest in ensuring that all construction and related right of way costs for the proposed facilities or services are covered. 5. Has the Applicant ever been placed in a receivership, declared bankruptcy, been declared insolvent, or had property foreclosed upon by a creditor? If so, please explain in detail the circumstances behind each instance. I certify that I am authorized to execute this Agreement on behalf of the Applicant. I further understand that if there are material omissions of information requested by this Application or deliberately false answers given to questions on this Application, the City may revoke any Franchise, permit, or license it has granted in reliance on the answers provided by Applicant to this Application. Further, such actions shall be punished as provided pursuant to the City Code. 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