§ 22-4. Application for franchise.  


Latest version.
  • (a)

    To receive an initial county franchise, a cable service provider or video service provider shall file a written application for a franchise with the county communications office at least 45 days prior to offering cable service or video service to subscribers within a specified service area.

    (b)

    The county may impose a fee not to exceed $500.00 for a county franchise application and a fee not to exceed $250.00 for an amendment to a county franchise.

    (c)

    The application for a county franchise shall consist of an affidavit signed by an officer or general partner of the applicant that contains the following:

    (1)

    If the applicant is an individual, partnership or unincorporated association, it shall contain the names and addresses of all persons, including corporations, having a controlling interest in and to the prospective grantee's business and franchise in the county;

    (2)

    If the applicant is a corporation, it shall contain the names and addresses of the officers, directors and controlling shareholders of the applicant, together with the number of shares held by such shareholders; if the applicant is a corporation with more than ten shareholders, it shall also contain the state in which the applicant is incorporated;

    (3)

    A full disclosure of the ownership of the cable system facilities;

    (4)

    The source of funds for operation of the cable system and a demonstration of financial ability to provide and extend service to proposed subscribers;

    (5)

    A schedule of the initial rates to be charged, and a general description of facilities to be employed, the general routes of the cables used, the service area or areas, the commencement and completion dates of construction of the cable system, and the proposed dates when service will be available to the areas named;

    (6)

    An affirmative declaration that the applicant shall comply with all applicable federal, state and local laws and regulations, including county ordinances and regulations regarding the placement and maintenance of facilities in the public right-of-way that are generally applicable to all users of the public right-of-way and specifically including O.C.G.A. tit. 25, ch. 9, the "Georgia Utility Facility Protection Act" and chapter 106 of the Cobb County, Georgia Code of Ordinances;

    (7)

    A description of the applicant's service area. For the purposes of this paragraph, an applicant may, in lieu of or as supplement to a written description, provide a map on 8½ by 11 inch paper that is clear and legible and that fairly depicts the service area;

    (8)

    The location of the applicant's principal place of business, the name or names of the principal executive officer or officers of the applicant, information concerning payment locations or addresses, and general information concerning equipment returns;

    (9)

    Certification that the applicant is authorized to conduct business in the State of Georgia and that the applicant possesses satisfactory financial and technical capability to provide cable service or video service and a description of such capabilities. Such certification shall not be required from an incumbent service provider or any cable service provider or video service provider that has wireline facilities located in the public right-of-way as of January 1, 2008; and

    (d)

    If an application is incomplete, the county shall notify the applicant within ten business days of the receipt of such application and shall provide the applicant with a reasonable period of time in which to provide a complete application. If no such notification is made within ten business days of the receipt of the application, the application shall be deemed complete. Within 90 days of the receipt of a completed application, the county shall conduct a public hearing. The county thereafter shall, except as set forth in subsection (e) of this Code section, vote on the issuance a franchise that contains the following:

    (1)

    A nonexclusive grant of authority to provide cable service or video service as requested in the application;

    (2)

    A nonexclusive grant of authority to construct, maintain, and operate facilities along, across, or on the public right-of-way in the delivery of cable service or video service, subject to applicable federal, state and local laws and regulations, including county ordinances and regulations, regarding the placement and maintenance of facilities in the public right-of-way that are generally applicable to all users of the public right-of-way and specifically including O.C.G.A. tit. 25, ch. 9, the "Georgia Utility Facility Protection Act" and chapter 106 of the Cobb County, Georgia Code of Ordinances; and

    (3)

    The expiration date of the county franchise, which shall be not more than ten years from the date of issuance, subject to renewal.

    (e)

    The county may deny an applicant that it reasonably believes has not yet accessed rights-of-way in the county and does not possess satisfactory financial and technical capability to provide cable service or video service or is not duly authorized to conduct business in the State of Georgia. Upon appeal by the applicant, the Board of Commissioners shall consider whether the objection is well founded and shall make a determination as to whether to grant the county franchise notwithstanding the objection or to deny or suspend the application pending the receipt of information sufficient to demonstrate the applicant has satisfactory financial and technical capability.

    (f)

    All applications for a franchise shall be open to public inspection and shall be kept on file a reasonable length of time at the discretion of the board of commissioners. Any intentional misrepresentation in an application shall be a material violation of this chapter giving rise to a revocation proceeding pursuant hereto. Before issuing a franchise, the county shall conduct at least one public hearing.

    (g)

    All applications for a franchise shall be considered from firm offers to the county and shall be incorporated into the grantee's franchise agreement.

(Ord. of 9-8-87; Ord. of 3-10-88; Code 1977, § 3-8-4; Amd. of 2-25-14)