<div class="chunk-title">Sec. 40-30. - Franchise applications.</div>
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            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Invitation of applications for franchise, public notice of request for proposals.</span> The county may invite applications for a cable television franchise by means of a
               public notice advertising the availability of its request for proposals. The public
               notice shall contain but need not be limited to the following:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               A description of the franchise area which is sought.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               A statement that a formal request for proposals is available to prospective applicants
               from a county official whose name, address, and telephone number are specified.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               A statement that applications for the franchise must be submitted in writing in the
               form and manner specified in the request for proposals no later than a day certain.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               A statement that all applications will be made available for public inspection during
               normal business hours at a specified location.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Request for proposals.</span> Prior to inviting any applications for any television franchise, the county shall
               prepare a request for proposals that shall contain but need not be limited to the
               following:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               A description of the cable television system and services desired by the county, including
               any system specifications established by the county.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               A statement specifying the form that all applications shall follow.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               A statement indicating the amount of the application fee, if any, to be submitted
               with the application, and the manner in which such fee is to be submitted.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               A statement that all applications must contain the information required by the request
               for proposal.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               The closing date for the submission of applications.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               The name, address, and telephone number of the county official who may be contacted
               for further information.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Requirement for public hearing on reasonable notice.</span> The county shall conduct a public hearing prior to awarding any cable television
               franchise. The hearing shall be preceded by reasonable notice to each of the franchise
               applicants and to the public and shall be conducted by the commission in accordance
               with the following procedures:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               There shall be an agenda for the hearing which shall specify the proposals to be considered
               at the hearing.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Every person who has applied for a cable television franchise shall appear at the
               hearing either in person or by authorized representative. The application of any applicant
               not so appearing shall not be further considered, except for good cause shown.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               All persons shall be given opportunity to participate in the hearing, but nothing
               contained in this subsection (c)(3) shall limit the power of the presiding officer
               to establish reasonable time limits and otherwise limit repetitive statements or questions.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               The notice of hearing shall:
               </p>
            		
            <p class="incr2">
               a.
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               Conform to all relevant state and local laws and ordinances.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Describe the agenda to be considered at the public hearing.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Indicate that copies of all franchise applications are available for public inspection
               during normal business hours at a place to be specified in the notice.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">County discretion.</span> The county, at its discretion, may reject any application for a franchise. In awarding
               a franchise, the county:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Shall allow the applicant's cable system a reasonable period of time to become capable
               of providing cable service to all households in the franchise area;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               May require adequate assurance that the cable operator will provide adequate public,
               educational, and governmental access channel capacity, facilities, or financial support;
               and
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               May require adequate assurance that the cable operator has the financial, technical,
               or legal qualifications to provide cable service.
               </p>
            		
            <p class="historynote0">
               (Code 1995, Â§ 517.112)
               </p></div>