HomeMy WebLinkAboutRES 200926-JA%'ESOLUTION NO. IQ I/7
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FRANCHISE APPLICATIONS; AND ESTABLISHING AN EFFECTIVE
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WHEREAS, the City of Georgetown, Texas is currently developing a Master Cable
Service Regulatory ordinance that will standardize the application and review process for
the granting of cable and/or broadband franchises; and
WHEREAS, the City seeks to implement an application and review process that
ensures that the City's requirements are up to date, consistent with applicable law, and in
the best interests of the City and its residents; and
WHEREAS, the City seeks to establish an application fee to cover the reasonable
costs of processing, reviewing, and negotiating a franchise application;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this resolution
are hereby found and declared to be true and correct, and are incorporated by reference
herein and expressly made a part hereof, as if copied verbatim. The City Council hereby
finds that this resolution implements Economic Development Policy End 1.00 of the
Century Plan - Policy Plan Element, which states: "Citizens of Georgetown experience a
stable, self-sustaining economy with expanding job opportunities" and Finance Policy End
14.00 of the Century Plan - Policy Plan Element-, which states "All municipal operations are
conducted in an efficient business-like manner and sufficient financial resources for both
current and future needs are provided"; and further finds that the adoption of this resolution
is not inconsistent or in conflict with any other Century Plan Policies, as required by Section
1.05 of the Administrative Chapter of the Policy Plan.
SECTION 2. The City Council hereby adopts the application form attached hereto
as Exhibit A for use by all applicants for cable and/or broadband franchises.
SECTION 3. The City Council hereby sets the fee for the initial franchise application
at $10,000.
SECTION 4. The Mayor is hereby authorized to sign this resolution, and the City
Secretary to attest. This resolution shall be effective immediately upon adoption.
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RESOLVED this 6�1 day of September, 2000.
Cable/Broadband Franchise Application and Fee Resolution No. 0 0 ?02 to — J_
Page 1 of 2
ATTES,TT:
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Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
THE CITY OF GEORGETOWN:
By: q
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MaryPlIen Kersc'h
Mayor
Cable/Broadband Franchise Application and Fee Resolution No.
Page 2 of 2
EXHIBIT A
CABLE SERVICES AND/OR BROADBAND SERVICES
APPLICATION
I. GENERAL INFORMATION
The City of Georgetown, Texas, regulates the use of its public rights -of -way by Cable System
Operators pursuant to the applicable provisions of the federal Communications Act of 1934, as
amended, the rules of the Federal Communications Commission (FCC), pertinent Texas law, and
applicable City ordinances, including the City's Ordinance for the Managing the Use and
Occupancy of Public Rights -of -Way.
The City is currently developing a Master Cable Service Regulatory Ordinance (Master
Ordinance) that will apply to all new and renewed cable franchises. This ordinance will
standardize the application and review process and ensure that the City's requirements are up to
date, consistent with applicable law and in the best interests of the City and its residents.
To facilitate prompt negotiations with Applicants, the City has also developed a Model Franchise
Agreement. The model contains an integrated suite of requirements, incentives, terms and
conditions that most Applicants should find reasonable and workable. The City may be willing
to consider limited alternative proposals in appropriate circumstances, but Applicants should not
expect the City to agree to proposals that would significantly alter the overall balance of benefits
and burdens reflected in the model.
Applicants should review the draft Master Ordinance and Model Franchise Agreement and
submit a proposal that meets the City's needs and responds to all of the issues that are raised in
the draft Master Ordinance and Model Franchise Agreement. The City also invites input on the
draft of the Master Ordinance itself.
This Application includes as attachments the following:
A. Draft Master Cable Service Regulatory Ordinance
B. Model Franchise Agreement
Applicants should note that these attachments may change from time to time as the City makes
progress in developing its Master Ordinance and as community needs, applicable law,
technology and other circumstances change. Applicants should check with the City periodically
to ensure that they have the latest versions of these attachments.
II. INSTRUCTIONS
All Applications for a cable and/or broadband franchise must be signed before a Notary Public
by an authorized officer of the Applicant. Each Application must contain at least the information
prescribed in parts V -X below.
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Each Applicant must respond fully to each question contained in this form and follow the order
and format of the form.
Responses must be typed, unless otherwise indicated. Please use separate sheets for each answer
that exceeds the space provided in the form. Extra sheets used must indicate the number of the
question being answered.
Applicants seeking an initial franchise should include an application fee of $10,000. If the City's
actual and reasonable cost of processing, reviewing and negotiating an Application exceed the
application fee, the City reserves the right, upon granting the franchise, to charge the Applicant
for the difference. The application fee and any additional fees related to the grant of an initial
franchise shall not constitute or be deemed as a payment of "Franchise Fees," as that term is used
in the Communications Act, as an in -kind payment, as an involuntary payment or as part of the
compensation to be paid to the City under the franchise granted.
Applicants must file ten copies of the Application with:
City Manager
City of Georgetown
609 Main Street
P.O. Box 409
Georgetown, Texas 78627 -409
Applicants must also file copies of the Application with:
Adrian Herbst
The Baller Herbst Law Group
953E Grain Exchange Building
400 South Fourth Street
Minneapolis, Minnesota 55415
(612) 339 -2018
Aherbst @Baller.com
Jim Baller
The Baller Herbst Law Group
1820 Jefferson Place, NW
Suite 200
Washington, D.C. 20036
(202) 833 -1144
Jim @Baller.com
Applicants should direct questions regarding this Application to:
George Russell
City Manager
P.O. Box 409
Georgetown, Texas 78627 -409
(512) 930 -3652
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Exhibi'4 'A
Adrian Herbst (612) 339 -2018 or Jim Baller (202) 833 -1144
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The City Council will conduct public hearing on all completed Applications for a franchise after
affording interested persons reasonable public notice and an opportunity to be heard. Within
thirty (30) days after the close of the hearing, the Council shall make a decision based upon the
evidence received at the hearing as to whether the Franchise(s) should be granted, and, if
granted, subject to what conditions.
IV. EVALUATION CRITERIA
Subject to applicable federal and Texas law, the City reserves the right to grant a franchise to one
or more providers or to determine not to grant a particular franchise. In evaluating franchise
proposals, the City will apply the following evaluation criteria:
1. The proposed Grantee's willingness and ability to meet the present and future
cable - related needs and interests of the City and the community, taking into
account the cost of meeting such needs and interests.
2. Construction schedule and geographic area served.
3. The thoroughness and adequacy of the Applicant's responses to the City's
requests for information.
4. The proposed Grantee's legal ability to construct, operate and maintain its
proposed cable system.
5. Whether the proposed Grantee has the technical ability to construct, operate and
maintain its proposed cable system.
6. Whether the proposed Grantee has the financial ability to construct, operate and
maintain its proposed cable system. For the purposes of this criterion, the City
will consider the proposed Grantee's written evidence of firm commitments of
sufficient sources of funding to fulfill its promises.
7. Whether available private rights of way can (or alternatives proposed by the
proposed Grantee) can accommodate proposed Grantee's system without undue
disruption of, or interference with, other public and private uses.
8. Whether the proposed Grantee is willing to agree to complete system construction
before selling or transferring ownership or control of it.
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Whether the proposed Grantee is willing to provide a construction completion
bond of at least 10% of the estimated construction cost.
A. The legal name of the Applicant.
Mailing or street address.
City State Zip Code
Telephone Number
B. The legal name of the proposed Grantee, if different from that of the Applicant.
Mailing or street address.
City
Telephone Number
State
Zip Code
C. The person responsible for this Application who will be available to answer the City's
questions and respond to requests for further information and to whom the City shall
provide notice regarding the City process and proceedings, including public hearings.
Name
Mailing or street address.
City State Zip Code
Telephone Number
D. Attach a list containing the name, mailing address, telephone number and area of
responsibility of each additional person, if any, to whom the City should direct inquiries.
E. Indicate where the records of the proposed Grantee's proposed cable system will be
maintained.
Name of keeper of records.
Mailing or street address.
City State Zip Code
Telephone Number
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F. Is this Application for:
An initial franchise.
Other. Explain.
A renewal of an existing franchise.
VI. THE PROPOSED GRANTEE'S LEGAL QUALIFICATIONS
A. The proposed Grantee is: Individual Limited Partnership
General Partnership For Profit Corporation
Nat - for - Profit Corporation
Other. Explain.
B. If the proposed Grantee is a corporation, provide the following information:
State of Incorporation Date of Incorporation
Licensed to do business in Texas? Yes No
Registered Agent in the City
Name
Mailing or street address.
Telephone Number
On a separate sheet, present a chart listing the name, title, business address, telephone
number, citizenship and number and percentage of voting shares of each officer, director
and managing employee and each owner of more than 5% of the outstanding voting
shares of the proposed Grantee.
Identify each parent, subsidiary and affiliate of the proposed Grantee and state the
relationship of each such entity to the proposed Grantee.
C. If the proposed Grantee is a partnership, provide the following information:
State of Formation Date of Formation
Licensed to do business in Texas? Yes No
Registered Agent in the City?
Name
Mailing or street address.
Telephone Number
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On a separate sheet, present a chart listing the name, title, business address, telephone
number, citizenship and number and percentage of equity interests of each officer,
director and managing employee and each owner of more than 5% of the outstanding
equity interests in the proposed Grantee.
D. Within the last five years, has any franchising authority in the United States dismissed or
denied an application for a cable franchise filed by the Applicant, the proposed Grantee
or any person or entity of which the Applicant or Grantee own more than 5% of the
voting shares or equity interests?
Yes No
If the answer is yes, describe circumstances on a separate sheet.
G. Within the last five years, has any court or administrative body made adverse findings or
taken actions adverse to the proposed Grantee in any civil, criminal or administrative
involving cable services, anti -trust or unfair competition, fraud or employment
discrimination or any felony or misdemeanor?
Yes No
If the answer is yes, attach as an exhibit a full description of each such matter, including
date and file number of the court or administrative proceeding and the disposition of the
proceeding.
H. Has the Applicant or proposed Grantee entered into any agreements or understandings
with each other or with third parties relating to the current or future ownership or control
of the proposed cable system (including, but not limited to, non - voting stock interests,
beneficial stock ownership, options, warrants, debentures)?
Yes No
If the answer is yes, describe such agreements and understandings and attach copies of
any relevant documents.
I. Has the Applicant or the proposed Grantee entered into any agreements or understandings
with each other or with third parties concerning the pledge of the proposed Grantee's
stock as security for loans, contractual performance or any other purpose?
Yes No
If the answer is yes, describe such agreements or understandings and attach copies of any
relevant documents.
VII. GRANTEE'S FINANCIAL QUALIFICATIONS
A. Describe the proposed Grantee's plans for financing the proposed cable system, including
each significant anticipated source of capital, and indicate any material limitations or
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conditions applicable to these sources of capital. Provide copies of all relevant
documents, including written commitments to meet the proposed Grantee's funding
needs.
B. Attach the most recent audited financial statements of the proposed Grantee and, if
applicable, of any individual or entity that will have effective ownership or control of the
proposed Grantee, including a balance sheet and income statement for each such
individual or entity for at least one full year. If any such financial statements are not in
the public domain, the Applicant or the proposed Grantee may mark the statements as
CONFIDENTIAL, and the City will treat them as such to the extent allowed by law.
C. On a separate sheet, furnish the name, title, address, telephone number and relationship
with the proposed Grantee of at least three persons who are not employed by or affiliated
with the proposed Grantee and have sufficient information and authority to attest to the
proposed Grantee's financial soundness.
D. Please confirm that the Applicant and/or the proposed Grantee understand(s) and agree(s)
that the City reserves the right to request additional information relating to the proposed
Grantee's financial qualifications and may require a written bank commitment or similar
writing, a parent company guaranty, or other security to ensure Grantee has the financial
ability to fulfill its obligations under the franchise that the City may grant to it.
Yes No
If the answer is no, explain the reasons for that answer.
VIII. GRANTEE'S TECHNICAL QUALIFICATIONS
A. Present a narrative account of the proposed Grantee's technical qualifications,
experience, and expertise with respect to the specific cable and/or broadband systems and
facilities that the proposed Grantee intends to construct, operate and maintain in the City,
including information about the key personnel that will be involved.
B. Provide a list of representative systems that the proposed Grantee is currently designing,
constructing, operating and/or maintaining in other jurisdictions, including the name,
title, address and telephone number of a knowledgeable and unaffiliated person
associated with each such system to whom the City can direct further inquiries.
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A. Please present a detailed narrative summary of the proposed Grantee's offer to construct,
operate and maintain a cable and/or broadband system in the City. At a minimum, the
summary should include the following information:
I . The total number of analog and digital channels capable of being activated in the
system and proposed Grantee's timetable for activating channels.
2. The over - the -air broadcast signals the proposed Grantee intends to carry.
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3. The proposed system design and plan of operation, including at least the
following items:
a. the general area for location of antennae and the headend, if known;
b. the schedule for activating two -way capacity;
C. the types of automated services to be provided;
d. the number of channels and services to be made available for Public,
Educational and Government (PEG) Access and local origination cable
broadcasting; and
e. a schedule of charges for facilities and staff assistance for PEG access
cable broadcasting.
f. the proposed Grantee's plan to establish an Institutional Network for the
City.
4. A complete list of all services and facilities other than traditional television
programming that the proposed Grantee plans to offer, including but not limited
to telecommunications services, data communications, Internet access, paging,
security and other communications services.
5. The rates for each generally - available service to be provided over the proposed
system and a statement of the proposed Grantee's policies for establishing rates
for unusual or uncommon services or connections.
6. The terms and conditions under which the proposed Grantee will offer particular
services and facilities to governmental, educational and non - profit users in the
City.
7. A detailed timetable for building out and activating the cable system, including a
map showing the various phases of buildout and activation.
8. All other information necessary to address the issues raised in the Model
Franchise Agreement and the draft Master Ordinance.
B. If the proposed Grantee believes that certain needs or interests of the City or the
community are not being met now, or will not be met in the future, the proposal should
identify these needs or interests and explain how the proposed Grantee will do so.
A. Each Applicant must review the Model Franchise Agreement and the draft Master
Ordinance attached to this application form and must include, as part of its Application,
(1) a copy of the Model Franchise Agreement containing the Applicant's suggested
additions and deletions, if any, and (2) the Applicant's explanation(s) of these changes, if
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any. Please underscore all proposed new language and stfil °wough all proposed
deletions.
B. Applicants should include any new language that is necessary to conform its proposal to
the format of the Model Franchise Agreement as underlined language in the appropriate
section of its mark -up of that document. For example, Applicants should add language to
Section 4.1A of the Model Franchise Agreement relating to the specific details of the
design and capacity of the proposed cable system.
C. For the convenience of Applicants, a computer disk containing an electronic copy of this
Application form, the Model Franchise Agreement and the Draft Master Ordinance (all in
Microsoft Word format) is available on request.
D. The City reserves the right to make such changes to the attached Model Franchise
Agreement as it deems necessary and appropriate at any time prior to the adoption or
approval of the franchise.
XI. CERTIFICATIONS
All statements in an Application and its attachments shall be deemed material representations,
and for this purpose, all attachments shall be deemed to be part of the Application itself.
The Undersigned certifies that he or she:
1. Has authority to apply for a cable franchise on behalf of the proposed Grantee and
make the representations set forth in the Application and its attachments.
2. Has a current copy of the FCC rules governing cable systems.
3. Is familiar with Title VI of the Communications Act of 1934, pertinent Texas law
and applicable ordinances of the City and, if awarded a franchise, will comply
with these requirements, and any lawful amendments to them, at all times during
the term of the franchise.
4. Will promptly cure violations of the franchise upon discovering them and will in
no event take longer to do so than the franchise prescribes.
5. Has paid the required application fee and understands it may be subject to further
payments if the City's actual and reasonable costs of processing, reviewing and
negotiating a franchise exceed the application fee.
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I CERTIFY that the statements in this Application and its attachments are true, complete and
correct to the best of my knowledge and belief and are made in good faith.
Date:
Signature
Print Full Name
WILLFUL FALSE STATEMENTS MADE ON THIS FORM
MAY BE PUNISHED TO THE FULL EXTENT OF THE LAW
Check appropriate classification:
Individual General Partner Corporate Officer Other
Notary Public
State of County of City of
This application was signed on behalf of , by
its , on the _ day of 2000, before me, a notary public.
Name
(Seal)
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