Spokane Municipal Code

Title 10 Regulation of Activities

Chapter 10.27A Cable Communications Code

Article II. Franchise Applications

Section 10.27A.210 Content of Applications

To be acceptable for filing, an application must conform to any applicable RFP and all the information specified therein. Where an application is not filed pursuant to an RFP, it shall contain, at minimum, the following information:

1. Identification of the ownership of the applicant, if not a natural person, including the names and addresses of all persons with five percent or more ownership interest and the ultimate controlling natural persons and identification of all officers and directors and any other primary business affiliation of each.

2. An indication of whether the applicant, or any entity controlling the applicant, or any affiliate of said controlling entity including any officer of a corporation or major stockholder thereof, has voluntarily filed for relief under any provision of the bankruptcy laws of the United States (Title 11 of the United States Code), had an involuntary petition against it pursuant to the bankruptcy code, been the subject of any state law insolvency proceeding such as a transfer for the benefit of creditors, had a cable franchise revoked or has been found guilty by any court or administrative agency in the United States of a:

1. 1. violation of a security or antitrust law; or

1. 2. felony or any other crime involving moral turpitude.

If so, the application shall identify any such person and fully explain the circumstances.

3. A demonstration of the applicant’s technical, legal and financial ability to construct and operate the proposed cable facility, including a detailed, complete and audited financial statement of the applicant, duly certified as true and correct by an executive officer of the company, for the fiscal year last preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a recognized lending institution or funding source, addressed to both the applicant and the governing body, setting forth the basis of a study performed by such lending institution or funding source, and a clear statement of its intent as a lending institution or funding source to provide whatever capital shall be required by the applicant to construct and operate the proposed system in the City, or a statement from an independent, certified public accountant, certifying that the applicant has available sufficient free, net and uncommitted cash resources to construct and operate the proposed system in the City.

4. A description of the physical facility proposed, including channel capacity (one-way and two-way, if any), the area to be served, a description of technical characteristics, headend and access facilities, and a map of the proposed system and distribution scheme.

5. A description of how any construction will be implemented, identification of areas having aboveground or below-ground cable facilities, the proposed construction schedule, and a description (where appropriate) of how service will be converted from any existing facility to a new facility. The construction plan shall be coordinated with the City water, sewer, solid waste and public works (streets) departments and other improvement plans and other portions of the Spokane Municipal Code, including especially Title 12 SMC.

6. A description of the services to be provided over the system, including identification of television signals (both broadcast and non-broadcast) to be carried and all non-television services to be provided initially. Where service will be offered by tiers, identification of the signals and/or services to be included on each tier.

7. The proposed rates to be charged, including rates for each service tier, as appropriate, and charges for installation, converters and other services.

8. Information as necessary to demonstrate compliance with all relevant requirements contained in this chapter.

1. A demonstration of how the proposal is reasonable to meet the current and future cable-related community needs and interests. In particular, the application should describe how the proposal will satisfy the needs as analyzed in any recent community needs assessment commissioned by the City.

10. A demonstration that the proposal is designed to be consistent with all federal and state requirements.

11. Pro forma financial projections for each year of the franchise term. The projections shall include:

1. 1. a statement of income,

1. 2. expenses,

1. 3. revenue,

1. 4. balance sheets,

1. 5. statement of sources and uses of funds, and

1. 6. schedule of capital additions.

All significant assumptions shall be explained in notes or supporting schedules that accompany the projections.

12. A complete list of all cable systems in which the applicant, controlling entity of applicant, subsidiary or affiliate of applicant or its controlling entity, or a principal thereof, holds an equity interest. For each system listed, provide the following information:

1. 1. Franchise term.

1. 2. Date of expiration.

1. 3. Number of subscribers.

1. 4. Number of homes passed

1. 5. Number of route miles.

1. 6. Channel capacity.

1. 7. Rate for basic service.

1. 8. Name of franchising authority, including the address, phone number and name of the person responsible for oversight of the cable system.

1. 1. 1. If a cable system encompasses agreements with more than one franchising authority, provide the requested information for each franchising authority.

13. An affidavit of the applicant or duly authorized officer thereof, certifying, in a form acceptable to the city attorney, the truth and accuracy of the information contained in the application and acknowledging the enforceability of application commitments.

14. Other information that the City, or its agents, may request of the applicant.

Date Passed: Monday, June 4, 2007

Effective Date: Wednesday, July 11, 2007

ORD C34041 Section 1 (Recodification)