Tampa Cable Franchise Application
NOTE:This application is intended to apply to "cable services" including Internet service. A separate application and Right-of-Way Use Agreement is required if the applicant intends to provide "telecommunications services."
SECTION 1: GENERAL INFORMATION
The City of Tampa, Florida governs the use of its public rights-of-way by Cable Service Operators pursuant to the applicable provisions of the federal Cable Act, as amended, the rules of the Federal Communications Commission, and applicable Florida law, as well as requirements of the City, including the Cable Communication Ordinance.
This Application includes as attachments the Cable Communication Ordinance and the current franchise agreement with Bright House Networks Inc. The inclusion of the Time Warner franchise is intended to service as a Model Franchise Agreement. Applicants should note that the above attachments may change from time to time based on the adoption of ordinances, changing applicable law, priorities and preferences developed by the City, as a result of continuing evaluation of communication needs, consideration of change in technology and service, and other considerations.
Upon receipt of a completed application and associated proposal the City shall review the Applicant's qualifications and the substance of its proposal in order to ensure that it will provide cable services that are consistent with the needs and requirements of the City. In conducting such review the City shall determine whether it has sufficient information to grant an additional franchise consistent with the proposed requirements of the Cable Communication Ordinance. In addition, all Applicants should recognize that all cable franchises shall be granted in conformance with § 166.046 of the Florida Statutes.
SECTION 2: INSTRUCTIONS
A. The City requests each Applicant to respond to each question contained in this Application form in good faith.
B. In responding to this Application, Applicants should follow the order and format requested in this Application.
C. Answers to questions in this Application must be typed, unless otherwise indicated. Please use separate sheets for answering each question in this Application. Extra sheets used must reference the question number being answered.
D. The City reserves the right to request reimbursement for its reasonable expenses associated with the review, negotiation and franchise grants. Payment of reasonable costs related to the grant of an initial franchise shall not constitute the payment of a franchise fee. This requirement is in conformance with the federal Cable Act, 47 U.S.C. 542(g).
E. Five copies of the Application must be filed with:
F. Questions regarding this Application should be directed to:
SECTION 3: 9; Applicable To All Cable Providers
All Applicants should familiarize themselves with the following requirements, which shall be applicable to all cable television providers in the City.
A. Franchise Requirement
(1) The requirements of a franchise are included in the Cable Communication Ordinance.
B. Contents of Franchising Proposal
All proposals for a cable services franchise shall be notarized and contain, but not necessarily be limited to, the following information:
(1) Plans for channel capacity, including both the total number of channels capable of being activated in the system and the number of channels to be activated immediately.
(2) A statement of the over the air broadcast signals the applicant intends to carry.
(3) A description of the proposed system design and planned operation, including at least the following items:
(8) An identification of additional municipalities in which the Applicant either owns or operates a Cable Communication system, directly or indirectly, or has outstanding franchises for which no system has been built.
(9) Plans for financing the proposed system, which must indicate every significant anticipated source of capital and significant limitations or conditions with respect to the availability of the indicated sources of capital.
(10) A statement of ownership detailing the corporate organization of the Applicant, if any, including the names and addresses of officers and directors and the number of shares held by each officer or director, and intracompany relationship including a percent, subsidiary of affiliated company.
(11) A request for waiver and accompanying explanation of any omissions or other variations with respect to the requirements of the proposal.
C. Public Hearing on Franchise
A public hearing before the City Council, affording reasonable notice and a reasonable opportunity to be heard with respect to all applications for the franchise, shall be conducted prior to the adoption of a new franchise agreement.
SECTION 4: CRITERIA FOR EVALUATION OF AN APPLICATION
Subject to applicable Florida and Federal law, the City reserves the right to grant a franchise to one or more providers or to determine not to grant a particular franchise.
A. The willingness of the Applicant and its ability to meet the present and future cable related community needs and interest of the City, taking into account the cost of meeting such needs and interests. Applicants shall outline community needs for additional Cable Communication franchise(s) and how they will meet the needs now and in the future.
B. Construction schedule and area served.
C. The responsiveness of an Applicant to the questions contained in this application, including the provisions and requirements of the Model Franchise Agreement.
D. The legal, technical, financial, and character qualifications of the Applicant.
E. Whether or not rights of way can accommodate Applicant's system without disruption or interference to public use and disruption or interference to private use and facilities.
F. Whether or not Applicant is willing to complete system construction before a sale or transfer.
G. Written evidence of funding to construct, operate and maintain a cable television system.
SECTION 5: GENERAL INFORMATION REGARDING THE APPLICANT
A. The legal name of the Applicant.
Mailing or street address.
City State Zip Code
B. The legal name of the proposed grantee, if different from the Applicant.
Mailing or street address.
City State Zip Code
C. The person responsible for this Application who will be available to City representatives to discuss questions and who the City shall provide notice to regarding the City process, proceedings including public hearings.
Mailing or street address.
City State Zip Code
D. Attach as an exhibit the name, mailing address, and telephone number of each additional person who should be contacted by the City, if any.
E. Indicate the address where the records of the Applicant relating to the cable system proposed for the City will be maintained.
Mailing or street address.
City State Zip Code
F. Is this application for:
An initial franchise.
A renewal of an existing franchise.
SECTION 6: THE PROPOSED GRANTEE'S LEGAL QUALIFICATIONS
A. The proposed Grantee is: Corporation Limited Partnership General Partnership
Individual Other (describe in exhibit)
B. If a corporation or partnership, describe the jurisdiction of incorporation or in which it was formed, the date of incorporation, whether or not the entity is a profit or not-for-profit entity, and the name and address of the registered agent in the jurisdiction. Further, provide information relating to the jurisdiction whose laws govern the formation of the entity.
C. With respect to the Grantee, list each of its officers, directors, stockholders, beneficially holding more than 5% of the outstanding voting shares, general partners, and limited partners holding an equity interest of more than 5%. Use only one column for each individual or entity. Attach additional pages, if necessary.
D. The lettered items below refer to the corresponding lines to be included with respect to each named individual or entity.
(a) Name, residence, occupation or principle business, and principle place of business. (If other than an individual, also show name, address, and citizenship of natural person authorized to vote, the voting securities of the Grantee that it holds.) List the Grantee first, officers, next, then directors and thereafter remaining stockholders and/or partners.
(c) Relationship to the Grantee.
(d) Number of shares or nature of partnership interest.
(e) Number of votes.
(f) Percentage of votes.
E. If the Grantee is a corporation or limited partnership, is the Grantee formed under the laws of, or duly qualified to transact business in, the State of Florida?
If the answer is no, explain in an exhibit.
F. Has the Applicant and/or Grantee had any interest in or in connection with an Applicant which has been dismissed or denied by any franchising authority?
If the answer is yes, describe circumstances in an exhibit.
G. Has an adverse finding been made or an adverse final action been taken by any court or administrative body with respect to the proposed Grantee in a civil, criminal, or administrative proceeding, brought under the provisions of any law or regulation relating to the following: any felonies; revocation, suspension or voluntary transfer of any authorization (including cable franchises) to provide video programming services; mass media related anti-trust or unfair competition; fraudulent statements to another government unit; or employment discrimination?
If the answer is yes, attach as an exhibit a full description of the person(s) and matter(s) involved, including an identification of any court or administrative body and any proceeding (by dates and file numbers, if applicable), and the disposition of such proceeding.
H. Are there any documents, instruments, contracts, or understandings relating to ownership or future ownership rights with respect to any attributable interest as described in question B (including, but not limited to, non-voting stock interest, beneficial stock ownership interest, options, warrants, debentures)?
If the answer is yes, provide particulars in an exhibit.
I. Do documents, instruments, agreements, or understandings for the pledge of stock of the Grantee, as security for loans or contractual performance, provide that:
(a) Voting rights will remain with the Applicant or proposed Grantee, even in the event of default on the obligation.
(b) In the event of default, there will be either a private or public sale of the stock.
(c) Prior to the exercise of any ownership rights by a purchaser at a sale described in (b), any prior consent of the FCC and/or of the franchising authority, if required pursuant to federal, state, or local law or pursuant to the terms of the franchise agreement will be obtained?
If the answer is no, attach as an exhibit a full explanation.
SECTION 7: GRANTEE'S FINANCIAL QUALIFICATIONS
A. The Grantee certifies that it has sufficient liquid assets on hand or available from committed resources to develop, build/rebuild and operate the cable system and related facilities pursuant to a franchise agreement that will be entered into between the City and Grantee for at least three months.
B. Attach as an exhibit the most recent financial statements, prepared in accordance with generally accepted accounting principles, including a balance sheet and income statement for at least one full year, for the Grantee or parent entity that has been prepared in the ordinary course of business, if any such financial statements are routinely prepared. Such statements, if not otherwise publicly available, may be marked confidentiaL and will be maintained as confidential by the City and its agents to the extent permissible under the laws of the State of Florida.
Identify the exhibit that is attached.
C. The Applicant and Grantee understand that the City reserves the right to request additional information relating to Grantee's financial qualifications and may require a written bank commitment or similar writing, a parent company guaranty, or other security to ensure Grantee has the ability to meet the financial obligations and requirements to perform the obligations of a franchise that may be granted to it, as determined by the City. The Grantee understands this requirement of the City and agrees to it.
If the answer is no, provide an exhibit explaining the reasons for the answer.
SECTION 8: GRANTEE'S TECHNICAL QUALIFICATIONS
Set forth in an exhibit, identified by the Applicant, a narrative account of the Grantee's technical qualifications, experience, and expertise regarding cable and the telecommunications systems, including, but not limited to, summary information about appropriate management personnel that will be involved in the system's management and operations. The Grantee may, but need not, list a representative sample of cable systems currently or formerly owned or operated by it.
SECTION 9: PROPOSAL TO PROVIDE Cable Communication SERVICES IN
A. Set forth in an exhibit a narrative account of the Applicant's or Grantee's proposal for Cable Communication services in the City outlining in as much detail as possible the type of system, system capacity, the services and offerings that will be provided, tentative rates, the types of services including cable services, telecommunications services, internet and other services that may be made available through the system. The intent of this portion of the Application is to aid the City in understanding the Grantee's plans and will be utilized in development of franchise agreement.
B. Applicant shall describe any market research studies undertaken by it or others on behalf of the Grantee to identify the needs and requirements of the City that were utilized by the Applicant and/or Grantee in forming the basis for developing this Application and its proposal.
C. Applicant has reviewed the Model Franchise to this Application form and has incorporated into its proposal and objections and changes to language in the Model Franchise for consideration by the City. Any and all objections or changes to the Model Franchise as attached hereto, must include specific alternative language and reasons why such objections and changes have been made. When responding to this question, please use the legislative format; that is, underscore all new language proposed and strike through all language that Applicant wishes to delete. A computer disk with a copy of this document (composed on Microsoft Word) is available to the Applicant by making a request to the City. Any new language the Applicant offers to make to complete a section to conform to its proposal, for example, language relating to the specific details of the design and capacity of the Cable Communication system and services to be offered, which are not part of the Model Franchise, shall be included as underlined language in the appropriate section to the draft Model Franchise.
The City hereby reserves the right to make such amendments, modifications or other changes to the attached Model Franchise Agreement as it may deem necessary or appropriate at any time prior to adoption or approval of the Model Franchise.
SECTION 10: CERTIFICATIONS
Applicant/Grantee. All of the statements made in the Application and attached attachments are considered material representations, and all the attachments are a material part hereof and are incorporated herein as if set out in full in the Application.
The Applicant/Grantee certifies that he/she:
(a) Has a current copy of the FCC rules governing cable television systems.
(b) Is familiar with the federal Cable Act, as amended, the Telecommunications Act of 1996, and applicable Florida law and if awarded a franchise will comply with applicable ordinances of the cities served by the City with regard to construction of a Cable Communication system.
(c) Applicant understands that it may be subject to reimbursing the City's cost for review, negotiation and franchise grant.
(d) Will use its best efforts to comply with the terms of the franchise and applicable state law and local ordinances and relating regulations, and to affect changes, as promptly as practicable, in the operation of its system, if any changes are necessary to cure any violations thereof or defaults thereunder which may affect the Cable Communication services offered by it.
I CERTIFY that the statements in this Application are true, complete, and correct to the best of my knowledge and belief and are made in good faith.
Print Full Name
WILLFUL FALSE STATEMENTS MADE ON THIS FORM MAY BE PUNISHABLE BY FINE.
Check appropriate classification:
Individual General Partner Corporate Officer Other (explain)
State of _______________
County of _____________
This application was signed on behalf of _________________, by __________________, its _______________ on the ___ day of ___ 2000, before me a notary public.