Grant of Authority.

15.061. 

Franchise Required. No Person, firm, company, corporation, joint venture, partnership, trust, organization or association of any kind including Multichannel Video Provider shall construct, install, maintain or operate a cable television or cable communications system within the City of West Allis or within any right-of-way or other public property of the City, unless a Franchise has first been granted by the City, pursuant to the provisions of this Ordinance, and unless such franchise is in full force and effect. Such Franchise shall not take the place of any other license or permit which may be legally required of the Grantee in order to conduct such a business.

15.062. 

Franchise Term. The term of any new Franchise and all rights, privileges, obligations and restrictions pertaining thereto shall be as established in the Franchise Agreement between the Grantee and the City, unless terminated sooner, as hereinafter provided.

15.063. 

Non-Exclusivity of Franchise. Any Franchise granted by the City under the terms and conditions of this Ordinance shall be non-exclusive. The City specifically reserves the right to grant, at any time, such additional Franchises for a cable television system to use and occupy the public ways of the City for cable television, cable-based telecommunications or any other purpose, as the City deems appropriate.

15.064. 

Franchise Area. The City may grant a Franchise for the area within the corporate boundaries of the City, or any defined section of the City. The Franchise Agreement shall indicate the specific boundaries for the Franchise Area.

15.065. 

Obligation to Provide Services. Upon issuance of a non-exclusive, revocable Franchise by the City for construction, installation, maintenance and operation of a Cable System or any Video Communications System within a designated Franchise Area, Grantee shall be obligated to provide the services of a Cable System or any Video Communications System, as required herein, and by the terms and conditions of the Franchise Agreement.

15.066. 

Personnel. Grantee shall give reasonable consideration for hiring West Allis residents in connection with providing operation and services of the Cable System.

15.067. 

Subject to Other Regulatory Agencies Rules and Regulations. Grantee shall, at all times during the life of the Franchise, be subject to all lawful exercise of the police power of the City and other duly authorized regulatory State and Federal bodies and shall comply with any and all ordinances which the City has adopted or shall adopt applying to the public generally and to other Grantees. Grantee shall maintain and operate the Cable System or any Video Communications System in accordance with the rules and regulations of the FCC, the State of Wisconsin and/or the City, as are applicable or may be promulgated.

15.068. 

Franchise Applications. The Common Council shall require the submissions of applications for a Franchise under this Ordinance. Initial applications for a Franchise shall include at a minimum:

A. 

A clear and precise description of the identity of the applicant, including, but not limited to, the name of the applicant, the address of the applicant, a description of the type of business entity which characterizes the applicant, a statement of those persons who hold ownership of more than five percent (5%) of the stock of the business entity of the applicant, a description of the major activities of the business entity of the applicant, and an affidavit or other like document stating the compliance of the business entity of the applicant with all applicable federal, state and local laws applicable thereto.

B. 

Plans and specifications relating to all aspects of the applicant's proposed Cable System or any Video Communications System, as are applicable to the building and zoning laws of the City.

C. 

A map or maps of a scale of not less than one (1) inch equaling one thousand (1,000) feet showing the precise geographic area for which applicant seeks a Franchise (Franchise Area).

D. 

Projected financial pro forma for system revenue, expenditures, debt servicing and operation for a period of no less than ten (10) years and evidence of financial responsibility in the form specified by this Ordinance.

E. 

Written documentation of financial support, including letters of loan commitment from a financial institution for issuance of any loans, bonds, notes or other related instruments to the Applicant for the purpose of financing the costs of Cable System or any Video Communications System construction or operation.

F. 

A non-refundable application fee shall be paid to the City in an amount to be determined by the Common Council by Resolution to cover the costs of initial application review, as to form only, and which may be used by the Franchising Authority solely to offset direct expenses incurred in the evaluation and awarding of the Franchise sought by said application issued pursuant to this Ordinance.

G. 

Detailed plans and specifications for the Cable System, which is proposed by the applicant, showing the routing of trunk and feeder cables reflected by the maps provided, pursuant to Section 3.4 C, and a schedule for Cable System or any Video Communications System construction.

H. 

A statement of applicant's technical service and repair capabilities within the City, and customer service operations for the community.

I. 

A listing of all franchises wholly or partially owned by the applicant or applicant's business entity within the State of Wisconsin, and date of expiration for each such franchise.

J. 

A statement by the applicant indicating if a franchise held by the applicant or applicant's business entity has been revoked or denied renewal. Such statement shall also include representations that the owners, partners, operating officers, principals or principal stockholders owning more than five percent (5%) of the applicant's business entity, have not been convicted of a crime or have been placed under investigation or indictment for alleged illegal or improper activities by any state investigative agency or federal investigative or regulatory agency, including, but not limited to, the U.S. Department of Justice, Federal Communications Commission, Securities and Exchange Commission or the Federal Trade Commission.

K. 

Any information or facts requested by the Franchising Authority, which are not included in the above subsections, that are pertinent and appropriate to the evaluation and awarding of a cable television or cable-based telecommunications Franchise.

Ord. 6400, amend, 10/6/1998