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HomeMy WebLinkAboutRES 200926-JA%'ESOLUTION NO. IQ I/7 lwl�l a vfirel� Noll pi FRANCHISE APPLICATIONS; AND ESTABLISHING AN EFFECTIVE 134TE. 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. 4R ' 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: C-4 Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney THE CITY OF GEORGETOWN: By: q ' — Z� 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. x k;AI'4- e E 10 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 d 2 Exhibi'4 'A Adrian Herbst (612) 339 -2018 or Jim Baller (202) 833 -1144 Mram MUM 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. es. a00q ,26 -,T a 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 Res. aooq - 4 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 'Res. 00 'a(.--j- 5 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 Keq.,9009CR 6 x-"14, ,?toof 10 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. ►.i ►+ a 9 Vol . 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. EV 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 Res. 00QR(Jq- Ey,h;6i+ e gnu to 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. es. 0-00U,6-3, 9 y,h.ebi+ IC A"' P&je .4 t® 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) e5. 00aG ° 10