5.20.060 Application.
(1) An applicant for an initial franchise must submit to the city a written application in a format provided by the city, at the time and place specified by the city for accepting applications and accompanied by the designated application fee. An application fee as set by resolution or as set forth in the city’s adopted fee schedule must accompany the application to cover costs associated with processing the application, including, without limitation, costs of administrative review, financial, legal, and technical evaluation of the applicant, the costs of consultants, notice and publication requirements, and document preparation expenses. In the event such costs exceed the application fee, the applicant must pay the difference to the city within 30 days following receipt of an itemized statement of such costs. Conversely, if such costs are less than the application fee, the city must refund the difference to the applicant.
(2) Application – Contents. An application for an initial franchise for a cable system must contain, at a minimum:
(a) A statement as to the proposed franchise and information relating to the characteristics and location of the proposed system;
(b) A resume of prior history of the applicant, including the expertise of the applicant in the cable system field;
(c) Information demonstrating the applicant’s legal, technical and financial ability to construct and operate the proposed system;
(d) A list of the partners, general and limited, of the applicant, if a partnership, members, if a limited liability company, or the percentage of stock owned or controlled by each stockholder having a five percent or greater interest, if a corporation;
(e) A list of officers, directors and key employees of the applicant, together with a description of the background of all such persons;
(f) The names and addresses of any parent entity or subsidiary of the applicant or any other business entity owning or controlling the applicant in whole or in part, or owned or controlled in whole or in part by the applicant;
(g) A proposed construction and service schedule;
(h) Any other reasonable information that the city may request.
(3) The city must be allowed the opportunity to ask relevant follow-up questions and obtain further information from whatever source. A refusal by an applicant to cooperate or provide requested information is sufficient grounds for the city acting through its community development director or designee to deny an application.
(4) Consideration of Initial Franchise.
(a) Upon receipt of an application for an initial franchise and after obtaining any additional information the city in its sole discretion deems appropriate from any source, a public hearing must be scheduled to allow public comment. At the public hearing, the city council may receive public comment regarding the following:
(i) Public Benefit. Whether the public will benefit from granting a franchise to the applicant;
(ii) Qualifications. Whether the applicant appears to have adequate legal, financial, and technical qualifications and capabilities to build, operate and maintain a cable system in the city;
(iii) No Conflicting Interests. Whether the applicant has any conflicting interests, either financial or commercial, that will be contrary to the interests of the city;
(iv) Compliance With the Franchise and Local Laws. Whether the applicant will comply with all of the terms and conditions placed upon a franchisee by the franchise, this chapter, and other applicable local laws and regulations;
(v) Compliance With Other Requirements. Whether the applicant will comply with all relevant federal and state laws and regulations pertaining to the construction, operation, and maintenance of the cable system.
(5) Within the time frame specified by 47 CFR 76.41, the city council must decide whether to grant a franchise and on what conditions. The city council’s decision must be based upon the application, any additional information submitted by the applicant or obtained by the city from any source, and public comments. The city council may grant one or more franchises, or may decline to grant any franchise. Any final action must be taken in accordance with the requirements of RCW 35A.47.040.
(6) The means, methods and processes for franchise renewal or franchise transfer must be set out in the franchise agreement subject to any applicable requirements of federal or state law. (Ord. 1521 § 2 (Exh. A), 2023).