Every RFP, including a request for a renewal proposal issued pursuant to 47 U.S.C. § 546(b), shall specify minimum requirements that an applicant must satisfy for facilities and equipment, including access facilities and equipment; channel capacity for PEG access use; and such other requirements as the City may establish in an RFP under the Cable Act. The RFP shall attach a draft franchise agreement and shall invite comments on that draft franchise agreement. In addition, the RFP shall require each applicant to provide at least the information necessary to determine the degree to which granting the franchise is likely to result in damage to streets, public property, or private property or disrupt use of or require replacement of streets, public property, or private property; and information required to permit the City to determine whether the applicant has the financial, legal, and technical qualifications to operate a cable system in Clearlake. The RFP shall require each applicant to provide information required to assess its proposal. It may also contain or refer to other information that may assist an applicant in preparing a proposal. The information sought shall include at least the following:
a. Changes to the information submitted with the application.
b. The names and addresses of the ten (10) largest holders of an ownership interest in the applicant, and all persons with five (5%) percent or more ownership interest, including the names and addresses of affiliates holding such ownership interests directly or indirectly; the persons who control the applicant; all officers and directors of the applicant; and any other business affiliation and cable system ownership interest of each named person; and a statement describing the applicant, its officers and directors, and its partners or major shareholders, indicating business experience and other pertinent information, including experience and performance in the cable communication system and service field showing any interest in other franchises, the date such franchises were granted, and the status of installation and operation thereof, and the value, size, and character of the operations under the other franchises.
c. Information showing that the applicant, any person controlling the applicant, and any other entity which will constitute a cable operator of the cable system under the Cable Act are legally qualified to hold the franchise, applying the standards set forth in Section 12-8.
d. A demonstration of the applicant’s technical and financial ability to construct and/or operate the proposed cable system, including identification of key personnel.
e. A statement prepared by a certified public accountant regarding the applicant’s financial ability to perform as proposed.
f. A detailed description of the physical facilities proposed, including channel capacity, technical design performance characteristics, headend, and access facilities, especially PEG access facilities; such description should specify the model and make of the system components the applicant intends to use or, if the applicant has not selected a particular brand of equipment, the minimum manufacturer’s specifications which components used must meet.
g. A detailed description of the procedures the applicant intends to follow in constructing, operating, and maintaining the cable system. If the applicant plans to upgrade or rebuild an existing cable system, the description should explain the steps which will be taken to upgrade the cable system, the cable service disruptions which are expected to result, the steps the applicant intends to take in order to minimize such service disruptions, and how the applicant intends to compensate affected subscribers for such service disruptions.
h. An estimate of plant mileage that will be installed and its location, the proposed construction schedule, and information on the availability of space in conduits and on poles in the areas to be served, including an estimate of the cost of any necessary rearrangement of existing facilities.
i. A schedule of the maximum initial rates and charges to subscribers (including late fees, disconnect fees, and fees for each cable service the applicant intends to provide) and a description of the service that will be provided for those rates.
j. A narrative description of the future cable-related needs and interests of Clearlake; a showing that the proposal will adequately meet those needs and interests, including, particularly, how the proposed cable system will provide for public access and how it will be upgraded or rebuilt to take advantage of changes in technology during the franchise term; and a copy of any community needs assessment conducted or relied upon by the applicant.
k. Pro forma financial projections for the proposed cable system for ten (10) years, including a statement of projected income and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules.
l. An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments, and certifying that the proposal meets all Federal and State requirements.
m. If an applicant proposes to provide cable service to an area already served in whole or in part by an existing cable grantee, the identification of the area where the overbuild would occur and the potential subscriber density in the area which would encompass the overbuild.
n. The effect construction of the cable system is likely to have on streets, public property, and private property that will be used by the applicant’s cable system; the extent to which construction, installation, or maintenance as planned would require replacement of property or involve disruption of property or public services (including cable service) or use of streets; and the expected effect of granting the franchise on the ability of the proposed cable service to meet the cable-related needs and interests of the community.
o. A declaration by the applicant that the application is true and complete, and that no person not shown in the application has any interest in the application for a franchise. (Ord. #80-97, S7)