§ 18-14. Selection of licensee.

(a)

Compliance with town requirements. A person submitting a new license application to operate a cable system shall provide all information set forth in section 18-11 or otherwise required by this chapter and all other information requested. Each new license application shall be responsive to the questions soliciting the information, and shall completely, accurately and materially supply all of the information so solicited. Any misrepresentation, failure, neglect or refusal to provide any of such information may, at the option of the town, render an application invalid. This requested information must be complete and verified as true by the applicant.

(b)

Property of town. All new license applications received by the town from an applicant shall become the sole property of the town.

(c)

Referral to manager. Upon receipt of any new license application, the manager shall prepare or cause to be prepared a report, including recommendations respecting such application, to be presented to the town council at a public hearing on the application. The town will evaluate all applications submitted within 180 days of receipt of the application.

(d)

Investigations. The town may make such investigations as it deems necessary to determine the ability of the new license applicant to perform under the license, and the applicant shall furnish to the town all such information as the town may request.

(e)

Public hearing. Within 180 days after receiving a new license application, a public hearing shall be held to consider the application and receive public comments.

(f)

Consideration. In making any determination regarding the new license application, the town may consider any and all factors relevant to interests of the community in cable television including, but not limited to the quality of the cable services proposed, areas to be served, rates to subscriber, benefit to the town, experience, character, background, and financial responsibility of any applicant, and its management and owners, technical and performance quality of equipment, willingness and ability to meet construction and physical requirements, to meet all requirements set forth in this chapter, and to abide by all policy conditions, license limitations and requirements, and all other matters deemed pertinent by the town for satisfying the community needs and for safeguarding the interests of the town and the public. Within a maximum time, after 90 days for cable operators with existing authority to access streets and 180 days for persons that do not have authority to access rights-of-way. The times start on the date an applicant files an application or other writing including certain minimum information which is set forth in section 18-11 and deemed complete by the town. The town and an applicant may agree, in writing, to extend the 90/180-day time period for negotiations. It may then be adopted at the date as permitted by this section 18-16. If the 90/180-day time elapses without action by the town, the applicant is automatically granted an interim license based on the application submitted. Thereafter, the town and applicant may continue to negotiate the terms of a license in an attempt to reach a negotiated license. The 90/180-day time may be tolled by the town if it has requested and not received information from the applicant.

(g)

Determination. Following the public hearing, the council may direct staff to conduct further negotiations with an applicant, or set further public hearings. Within 180 days following the first public hearing on a new license application for a license the council shall make one of the following determinations:

(1)

That such application be denied, which determination shall be final and conclusive; or

(2)

That such license be granted with the terms and conditions approved by council;

(h)

Approval or denial based on public record. It is the intention of the town to approve or deny a new license solely on the basis of the public record.

(i)

Town council decisions shall be final. Any decision of the council approving or denying a new license shall be final.

(Ord. No. 1137, § I, 12-15-98; Ord. No. 2452, § I, 10-3-13)

State law reference

Similar provisions, A.R.S. § 9-507.