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12-8 LEGAL QUALIFICATIONS.
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In determining whether an applicant has the necessary legal ability to perform as promised and to assist the City in evaluating the past performance of the applicant under 47 U.S.C. § 546 or Section 12-7 above, the City shall evaluate the applicant’s proposal in light of this section:

a. The City shall not grant a franchise to any applicant which submitted a request for a franchise or for renewal of a franchise pursuant to subsection 12-6.1 or 12-6.2 where the request was denied, or any challenges to the franchising decision were finally resolved on a date three (3) years or less preceding the submission of the new request where the previous denial was on grounds that the applicant failed to propose a cable system which met the needs and interests of the community; or that the applicant did not meet the requirements of subsection 12-8.1e; or, in the case of a renewal request, that the applicant had failed to comply with the requirements of its franchise, or failed to provide adequate service to subscribers.

b. Every applicant must have the necessary authority under California law to operate a cable communication system. An applicant shall show that it is qualified to obtain the necessary Federal licenses or waivers required to operate the cable system proposed.

c. An applicant shall not be issued a franchise if, at any time during the five (5) years prior to the issuance of the RFP to which the applicant responds, the applicant engaged in acts or omissions of such character that the applicant cannot be relied upon to deal truthfully with the City and the subscribers of the cable system; or to substantially comply with lawful obligations under the franchise or obligations under applicable law, including obligations under consumer protection laws and laws prohibiting anti-competitive acts, fraud, racketeering, or other, similar conduct.

d. An applicant shall not be issued a franchise if it files materially misleading information in response to an RFP issued by the City, or intentionally withholds information which the applicant lawfully is required to provide.

e. For purposes of subsections 12-8.1a, c. and d, the term applicant includes any affiliate. (Ord. #80-97, S8)