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Cable TV Ordinance
Chapter 851 CABLE TELEVISION*
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*Editor's note: G.O. 125, 1996, § 1, adopted Aug. 5, 1996, amended this chapter in its entirety, in effect repealing former Ch. 851, cable television, and enacting similar new provisions as herein set out. Formerly, this chapter derived from G.O. 128, 1995, § 1.
Cross references: Cable communications agency, § 285-101 et seq,; streets, sidewalks and public ways, ch. 431.
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Article I. In General
Sec. 851-101. Statutory authority; findings.
Sec. 851-102. Definitions.
Sec. 851-103. Previously awarded franchises.
Sec. 851-104. Franchise required.
Sec. 851-105. Franchises not exclusive.
Secs. 851-106--851-200. Reserved.
Article II. Procedures for Application, Grant, Renewal, Modification or Transfer of Cable Franchises
Division 1. Authority
Sec. 851-211. Authority to approve cable franchises.
Secs. 851-212--851-220. Reserved.
Division 2. Petitions for Grant of Cable Franchise, Other Than An Act Renewal Franchise
Sec. 851-221. Petition for franchise.
Sec. 851-222. Board action on petition.
Sec. 851-223. Council action on petition.
Sec. 851-224. Reserved powers of board and council.
Secs. 851-225--851-230. Reserved.
Division 3. Applications and Requests for Proposals
Sec. 851-231. Requests for proposals.
Sec. 851-232. Applications.
Sec. 851-233. Contents of requests for proposals and applications.
Sec. 851-234. Report on applications or proposals and notification of operators.
Sec. 851-235. Hearing on proposals or applications.
Sec. 851-236. Factors governing council's determination.
Sec. 851-237. Council action on application.
Sec. 851-238. Council review of rejections.
Sec. 851-239. Council action on recommended contracts.
Sec. 851-240. Reserved.
Division 4. Procedural Steps for Grant of Act Renewal Franchise
Sec. 851-241. Application for renewal; rules and procedures for review of application.
Secs. 851-242--851-250. Reserved.
Division 5. Procedural Steps for Modification or Transfer of A Franchise
Sec. 851-251. Application for modification.
Sec. 851-252. Review of application.
Sec. 851-253. Transfer of the franchise.
Secs. 851-254--851-260. Reserved.
Division 6. Fees
Sec. 851-261. Schedule of filing fees.
Sec. 851-262. Reimbursement of city's out-of-pocket expenses.
Secs. 851-263--851-300. Reserved.
Article III. Construction, Operation and Maintenance of System
Division 1. Use of Public Ways
Sec. 851-311. Street occupancy.
Sec. 851-312. Notice to occupants of property.
Sec. 851-313. Operator responsibility for damages.
Sec. 851-314. Deadlines for repair of public and private property; lawn repair.
Secs. 851-315--851-320. Reserved.
Division 2. Construction
Sec. 851-321. General construction standards.
Sec. 851-322. Construction bond.
Secs. 851-323--851-330. Reserved.
Division 3. Maintenance
Sec. 851-331. General maintenance standards.
Sec. 851-332. Safety requirements.
Secs. 851-333--851-340. Reserved.
Division 4. Inspections and Subcontracts
Sec. 851-341. Inspection.
Sec. 851-342. Subcontract approval.
Secs. 851-343--851-400. Reserved.
Article IV. General System Requirements
Sec. 851-401. Public service systems.
Sec. 851-402. Signal quality requirements.
Sec. 851-403. Public, educational, or governmental access channels, facilities and equipment.
Sec. 851-404. Parental control devices.
Sec. 851-405. Interconnection of institutional networks.
Sec. 851-406. Emergency use of facilities.
Sec. 851-407. Technological advances.
Secs. 851-408--851-500. Reserved.
Article V. Customer Service Standards
Sec. 851-501. Complaint and service procedure.
Sec. 851-502. Termination of service.
Sec. 851-503. Preferential or discriminatory practices prohibited; service provided by special cable operator.
Sec. 851-504. Subscriber privacy.
Secs. 851-505--851-600. Reserved.
Article VI. Rights and Duties of Operator
Sec. 851-601. Franchise fee.
Sec. 851-602. Security fund.
Sec. 851-603. Liability, indemnification and insurance.
Sec. 851-604. No recourse.
Sec. 851-605. Administrative fines.
Sec. 851-606. Noncollusion warranty.
Secs. 851-607--851-700. Reserved.
Article VII. General Regulatory Provisions
Sec. 851-701. Subscribers' rates and charges.
Sec. 851-702. Compliance with other applicable laws.
Sec. 851-703. Reports to be filed with board.
Sec. 851-704. Inspection of records and facilities; maintenance of records.
Sec. 851-705. Limitation on ownership by certain parties.
Sec. 851-706. Performance evaluations.
Sec. 851-707. Reimbursement of city's expenses.
Sec. 851-708. Reservation of city rights; franchise limitations.
Sec. 851-709. Public records standard.
ARTICLE I. IN GENERAL
Sec. 851-101. Statutory authority; findings.
(a) The council determines that the public interests will best be served by franchising cable programming delivery systems to the extent authorized by law.
(b) The council hereby finds that it is in the interest of the city that the public ways be used to make cable programming available to the people of the city. It is intended that the provisions of this chapter should facilitate and encourage orderly and responsible development of systems which will provide the people of the city with cable programming services which are versatile, reliable and efficient, which are responsive to the needs and interests of the community; and which provide the widest possible diversity of information sources and services to the public. The provisions of this chapter shall be construed liberally to further these purposes and to promote competition in the provision of such services.
(G.O. 125, 1996, § 1)
Sec. 851-102. Definitions.
As used in this chapter:
(a) The term act means the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996, amendments to the Communications Act of 1934 (47 U.S.C. Section 521 et seq.); as the same may be amended or supplemented from time to time.
(b) The term affiliate, when used in relation to any person or entity, means another person or entity who owns or controls, is owned or controlled by, or is under common ownership or control with, such person or entity.
(c) The term board means the cable franchise board of the city, created by section 285-111 of this Code, and its successors.
(d) The term cable channel or channel means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel (as television channel is defined by the Federal Communications Commission by regulation).
(e) The term cable service means the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
(f) The term cable system or system means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment, that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within the city, but such term does not include (a) a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; (b) a facility that serves subscribers without using any public right-of-way; (c) a facility of a common carrier which is subject, in whole or in part, to the provisions of title II of the Act, except that such facility shall be considered a cable system (other than for purposes of section 621 (c) of the Act (47 U.S.C. Section 541 (c)) to the extent such facility is used in the transmission of video programming directly to subscribers; or (d) any facilities of any electric utility used solely for operating its electric utility systems.
(g) The term entity means any corporation, partnership, limited liability company, association, joint stock company, joint venture, trust, or governmental or business entity.
(h) The term franchise means an initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to Section 626 of the Act (47 U.S.C. Section 546)), issued by the city whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction and operation of a cable system.
(i) The term franchise administrator means that officer or employee of the city or cable franchise agency designated by the cable franchise board to perform the duties assigned to such position by this chapter.
(j) The term gross revenues means any and all revenues derived from the operations of the operator's cable system to provide cable services.
(k) The term institutional network means a system or portion of a system whose use is restricted to governmental and educational operations.
(l) The term operator or cable operator means any person or entity or group of persons or entities (a) who provides cable service over a cable system and directly or through one (1) or more affiliates owns a significant interest in such cable system, or (b) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system and who has been granted a franchise by the city or by any predecessor, governmental officer or organization authorized to grant a franchise.
(m) The term other programming service means information that a cable operator makes available to all subscribers generally.
(n) The term person means an individual.
(o) The term public, education, or governmental access facilities means (a) channel capacity designated for public, educational, or governmental use; and (b) facilities and equipment for the use of such channel capacity.
(p) The term subscriber means any person or entity who contracts or agrees to purchase the regular subscriber service, pay television, or any other service provided by a cable system, and includes anyone actually authorized to use and using such service, even if the person or entity does not pay the charges for such services.
(q) The term video programming services means programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
(G.O. 125, 1996, § 1)
Cross references: Definitions generally, ch. 102.
Sec. 851-103. Previously awarded franchises.
This chapter shall apply to all franchise contracts granted on or after the effective date of this chapter.
(G.O. 125, 1996, § 1)
Sec. 851-104. Franchise required.
No person or entity shall operate a cable system within the city for which a franchise is required under Title VI of the Act without having first obtained a franchise granted subject to this chapter.
(G.O. 125, 1996, § 1)
Sec. 851-105. Franchises not exclusive.
The granting of a cable franchise shall not grant the operator any rights to exclude any other franchised operator from providing services within the geographic areas included in the cable franchise.
(G.O. 125, 1996, § 1)
Secs. 851-106--851-200. Reserved.
ARTICLE II. PROCEDURES FOR APPLICATION, GRANT, RENEWAL, MODIFICATION OR TRANSFER OF CABLE FRANCHISES
DIVISION 1. AUTHORITY
Sec. 851-211. Authority to approve cable franchises.
Subject to the provisions of this article, the city-county council is hereby authorized to approve one (1) or more nonexclusive franchising contracts conveying the right to construct, operate and maintain, within the public ways in the city, poles, cables and any other equipment necessary to the operation of a cable system within a designated area or areas for the period of time specified in the franchise.
(G.O. 125, 1996, § 1)
Secs. 851-212--851-220. Reserved.
DIVISION 2. PETITIONS FOR GRANT OF CABLE FRANCHISE, OTHER THAN AN ACT RENEWAL FRANCHISE
Sec. 851-221. Petition for franchise.
Any person or entity interested in obtaining a cable franchise, except a cable operator, may file a petition expressing such interest with the franchise administrator. The petition must contain or be accompanied by:
(1) A description of the geographic area proposed to be served with sufficient particularity as to enable a reasonable determination of the boundaries of such area and the proposed location of the cable system's facilities;
(2) A description of the type of service to be provided by the petitioner;
(3) An explanation of the reasons why the granting of a franchise for the area described would be in the best interests of the city and its citizens and would not adversely affect the provision of cable service by existing franchisees, and that the proposed facilities will not substantially and unreasonably interfere with current or planned uses of the public ways; and
(4) The filing fee specified in section 851-261.
(G.O. 125, 1996, § 1)
Sec. 851-222. Board action on petition.
(a) Upon the receipt of a petition under section 851-221, the franchise administrator shall review the petition and forward to the board and to the clerk a recommendation either:
(1) That a request for proposals for a cable franchise should be issued; or
(2) That the petitioner should be required to file an application containing certain of the information listed in section 851-223; or
(3) That the award of a franchise as proposed in the petition would not promote effective competition or serve the public interest.
(b) The board may determine to accept the franchise administrator's recommendation or to modify the recommendation. In making its decision, the board may conduct such investigations as it deems appropriate to identify the future cable-related needs and interests of the community, provided that the board shall hold at least one (1) public hearing at which interested parties may appear and offer evidence concerning the recommendation made pursuant to subsection (a). Notice of the time and place of the public hearing shall be given in accordance with IC 5-3-1. Personal notice of the time and place of the public hearing shall be given by mail to the petitioner and to all other operators of cable systems regulated by this chapter. The board's decision to accept the franchise administrator's recommendation or to modify the recommendation shall be made within ninety (90) days of the date on which the petition was received by the franchise administrator.
(c) In making its determination, the board shall consider the best interests of the city and its citizens and whether the refusal to award an additional competitive franchise as proposed in the petition would be unreasonable.
(d) The board's recommendation will be in writing made a part of the records of the board, and provided to the petitioner and to all other operators of cable systems regulated by this chapter.
(G.O. 125, 1996, § 1)
Sec. 851-223. Council action on petition.
The board's recommendation shall be filed with the clerk, and referred to the council committee assigned to review cable system franchises. Such committee may hold a public hearing to consider the recommendation of the board. The committee may propose that the council affirm or modify the board's recommendation by adopting a resolution. The council committee may hold such public hearings and meetings and conduct such investigations as it deems appropriate. The council may specify such requirements for the request for proposals or applications as the council deems appropriate. The board's recommendation will be considered final if the council does not adopt a resolution as provided herein within sixty (60) days of the board's filing of its recommendation with the clerk.
(G.O. 125, 1996, § 1)
Sec. 851-224. Reserved powers of board and council.
(a) Nothing in this chapter shall be construed to limit the power of the council to issue a request for proposals on its own initiative.
(b) The board may also at any time, on its own motion, conduct public hearings to determine whether it is feasible or desirable to recommend issuing a request for proposals. Such hearings shall be advertised in accordance with the provisions of IC 5-3-1.
(c) The board or council may for good cause extend any of the time limits imposed in this article.
(G.O. 125, 1996, § 1)
Secs. 851-225--851-230. Reserved.
DIVISION 3. APPLICATIONS AND REQUESTS FOR PROPOSALS
Sec. 851-231. Requests for proposals.
(a) If the board's recommendation as approved by the council is to issue a request for proposals, the council shall cause to be prepared, for board approval, a request for proposals (RFP).
(b) Upon the approval of the request for proposals, the board shall give notice of the request for proposals:
(1) In accordance with IC 5-3-1; and
(2) By mailing of the notice to any person or entity the board knows to be interested in submitting a proposal.
The board may, in its discretion, publish the notice in any newspaper of national circulation and in trade magazines or publications of the cable television or telecommunications services industry.
(c) The notice shall name a date upon which proposals must be received at the office of the clerk and shall state that the forms of the request for proposals are available at the office of the board. The date for the receipt of the proposals shall not be sooner than thirty (30) days following the first publication of the notice required by subsection (b).
(d) All responses to a request for proposals shall be filed with the clerk and referred to the council committee assigned to review cable system franchises.
(G.O. 125, 1996, § 1)
Sec. 851-232. Applications.
If the board's recommendation as approved by the council is that the petitioner be required to file an application containing certain of the information specified in section 851-233, such application shall be filed with the clerk no later than sixty (60) days after the council action becomes final.
(G.O. 125, 1996, § 1)
Sec. 851-233. Contents of requests for proposals and applications.
(a) An RFP for the grant of a cable franchise to a person or entity other than a cable operator shall require, at a minimum, the following information:
(1) Name and address of the person or entity applying for a franchise (hereinafter "the applicant") and identification of the ownership and control of the applicant, including: the names and addresses of the ten (10) largest holders of an ownership interest in the applicant and affiliates of the applicant, and all persons or entities with five (5) percent or more ownership interest in the applicant and its affiliates; the persons or entities who control the applicant and its affiliates; all officers and directors of the applicant and its affiliates; and any other business affiliation and cable system ownership interest of each named person or entity.
(2) A demonstration of the applicant's technical ability to construct and/or operate the proposed cable system, including identification of key personnel, their titles and responsibilities.
(3) A demonstration of the applicant's legal qualifications to construct and/or operate the proposed cable system including, but not limited to, a demonstration that the applicant meets the following criteria:
a. The applicant must not have submitted an application for an initial or renewal franchise to the city, which was denied on the ground that the applicant failed to propose a system meeting the cable-related needs and interests of the community, or as to which any challenges to such franchising decision were finally resolved adversely to the applicant within three (3) years preceding the submission of the application.
b. The applicant must not have had any cable television franchise validly revoked by any franchising authority within three (3) years preceding the submission of the application.
c. The applicant must have the necessary authority under Indiana law to operate a cable system.
d. The applicant shall not be issued a franchise if it may not hold the franchise as a matter of federal law. An applicant must have, or show that it is qualified to obtain, any necessary federal franchises or waivers required to operate the system proposed.
e. The applicant shall not be issued a franchise if, at any time during the ten (10) years preceding the submission of the application, the applicant was convicted of any act or omission of such character that the applicant cannot be relied upon to deal truthfully with the city and the subscribers of the cable system, or to substantially comply with its lawful obligations under applicable law, including obligations under consumer protection laws and laws prohibiting anticompetitive acts, fraud, racketeering, or other similar conduct.
f. The applicant shall not be issued a franchise if it files materially misleading information in its application or intentionally withholds information that the applicant lawfully is required to provide.
g. The applicant shall not be issued a franchise if an elected official of the city holds a controlling interest in the applicant or an affiliate of the applicant.
Notwithstanding the foregoing, the city shall provide an opportunity to an applicant to show that it would be inappropriate to deny it a franchise under section 851-236, by virtue of the particular circumstances surrounding the matter and the steps taken by the applicant to cure all harms flowing therefrom and prevent their recurrence, the lack of involvement of the applicant's principals, or the remoteness of the matter from the operation of cable systems.
(4) A statement prepared by a certified public accountant regarding the applicant's financial ability to complete the construction and operation of the cable system proposed.
(5) A description of the applicant's prior experience in cable system ownership, construction, and operation, and identification of communities in which the applicant or any of its principals have, or have had, a cable franchise or franchise or any interest therein, provided that an applicant that holds a franchise for the city and is seeking renewal of that franchise need only provide this information for other communities where its franchise was scheduled to expire in the two (2) calendar years prior to and after its application was submitted.
(6) A description of the area or areas of the requested franchise with sufficient particularity as to enable a reasonable determination of the boundaries of such area; provided that during the hearing process the board and council may consider modifications to the description of the area of franchise in any franchise application.
(7) A detailed description of the physical facilities proposed, including channel capacity, technical design, performance characteristics, headend, and access facilities.
(8) Where applicable, a description of the construction of the proposed system, including an estimate of plant mileage and its location; the proposed construction schedule; a description, where appropriate, of how services will be converted from existing facilities to new facilities; and information on the availability of space in conduits including, where appropriate, an estimate of the cost of any necessary rearrangement of existing facilities.
(9) The proposed rate structure, including projected charges for each service tier, installation, converters, and all other proposed equipment or services.
(10) A description of the insurance policies to be acquired in satisfaction of the requirements of this chapter.
(11) A demonstration of how the applicant will reasonably meet the future cable-related needs and interests of the community, including descriptions of how the applicant will meet the needs described in any recent community needs assessment conducted by or for the city, and how the applicant will provide adequate public, educational, and governmental access channel capacity, facilities or financial support to meet the community's needs and interests.
(12) A detailed and complete financial statement of the applicant, prepared by a certified public accountant, for the fiscal year next 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 board, setting forth 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 a 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, or other acceptable evidence in writing that the applicant is financially capable of constructing and operating the proposed system.
(13) Pro forma financial projections for the proposed franchise term, including a statement of projected income, and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules.
(14) If the applicant proposes to provide cable service to an area already served by an existing cable franchisee, the identification of the area where the overbuild would occur, the potential subscriber density in the area that would encompass the overbuild, and the ability of the public rights-of-way and other property that would be used by the applicant to accommodate an additional system.
(15) A copy of any agreement covering the franchise area, if existing between the applicant and any public utility subject to regulation by the Indiana Utility Regulatory Commission, providing for use of any facilities of the public utility including, but not limited to, poles, lines or conduits.
(16) Any other information as may be reasonably necessary to demonstrate compliance with the requirements of this chapter.
(17) Information that the city may request of the applicant that is relevant to the city's consideration of the application.
(18) An agreement by the applicant to reimburse the city its reasonable out-of-pocket expenses in considering the application in an amount set by the board.
(19) An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments, and certifying that the application meets all federal and state law requirements.
(b) Any application submitted for the grant of a franchise shall contain, at a minimum, the information listed in subsection (a), unless the board or council determines that one (1) or more of those items are not required.
(G.O. 125, 1996, § 1)
Sec. 851-234. Report on applications or proposals and notification of operators.
Upon receipt of the applications or proposals for a franchise the clerk shall refer the same to the board, which may cause to be prepared an evaluation of the applications or proposals and a recommendation whether any applicant should be granted a franchise. The board's evaluation and recommendation shall be filed with the clerk within sixty (60) days. The clerk shall also send written notification of the receipt of such applications or proposal(s) to all cable system operators which have a franchise governed by this chapter.
(G.O. 125, 1996, § 1)
Sec. 851-235. Hearing on proposals or applications.
(a) Within seventy-five (75) days of receipt of the applications or proposals, the council committee shall hold a public hearing to take evidence and hear argument on whether to grant a cable franchise to one (1) or more of the applicants either in the form proposed in the applications or proposals, or proposed by the board, or otherwise, and if so, the nature and extent thereof. The council committee shall base its determination hereunder on the criteria contained in section 851-236. The clerk shall give notice of such hearing in accordance with IC 5-3-1, and if the council committee or board deems appropriate, in one (1) or more trade journals of the cable television or telecommunications services industry.
(b) At the time set for such hearing, or an adjournment thereof, the council committee shall proceed to hear all written protests and other submissions and to hear evidence and arguments from any interested persons or entities in addition to any applicants or potential applicants. A record shall be kept of such hearing and the evidence presented therein.
(c) The council or its committee may propound regulations to govern the conduct of such hearings so as to allow for the orderly and efficient presentation of evidence and argument, and to prevent unnecessary duplication or delay.
(G.O. 125, 1996, § 1)
Sec. 851-236. Factors governing council's determination.
(a) In making any determination hereunder, the council committee shall base its decision on the following factors:
(1) The quality of the service which the applicant promises and of which the applicant is capable.
(2) Whether the applicant has the financial, technical, and legal qualifications to provide cable service.
(3) Whether the application satisfies any minimum requirements established by the city and is otherwise reasonable to meet the future cable-related needs and interests of the community, taking into account the cost of meeting such needs and interests.
(4) Whether the applicant will provide adequate public, educational, and governmental access channel capacity, facilities, equipment or financial support and/or channel capacity on institutional networks for educational and governmental uses.
(5) That applicant provides cable channels for commercial use in conformity with the requirements of Section 612 of the Act (47 U.S.C. Section 532).
(6) That applicant promises to provide cable service to subscribers on a nondiscriminatory basis and to provide such service to any group of residential subscribers regardless of the income of the residents of the local area in which such group resides.
(7) That the applicant agrees to provide cable service within all areas having a specified density of living units within the franchise territory. Such density shall be expressed in terms of number of living units per mile of system.
(8) The rates to the subscribers.
(9) The income and expense to the city.
(10) Whether issuance of a franchise is warranted in the public interest considering the immediate and future effect on the public ways and private property that would be used by the cable system, including the extent to which installation or maintenance as planned would require replacement of property or involve disruption of property, public services, or use of the public ways; the effect of granting a franchise on the ability of cable to meet the cable-related needs and interests of the community; and the comparative superiority or inferiority of competing applications.
(11) The effect on the ability of existing franchisees to perform their obligations under their franchise contracts.
(12) The technical and performance quality of facilities and equipment related to the establishment or operation of a cable system.
(13) Whether the applicant or an affiliate of the applicant owns or controls any other cable system in the city, or whether grant of the application may eliminate or reduce competition in the delivery of cable service in the city.
(14) The demonstrated willingness and ability of any applicant to meet construction and physical requirements and to abide by policies and limitations imposed by law or franchise agreements.
(15) Any other considerations deemed pertinent by the board to its task of safeguarding the public health, safety and welfare, and facilitating and encouraging the orderly and responsible development of cable systems which will provide the people of the city with cable services which are versatile, reliable and efficient.
(b) The council committee shall make its determinations based on the record with a written statement of its findings and conclusions, and the reasons therefor.
(G.O. 125, 1996, § 1)
Sec. 851-237. Council action on application.
Within forty-five (45) days after the conclusion of the hearing provided for in section 851-235, the council committee shall determine whether to grant a franchise to one (1) or more of the applicants.
(1) If the council committee shall determine after hearing that any application should be denied, such determination shall be final, subject to the appeal provisions of section 851-238.
(2) If the council committee shall determine after hearing that a franchise should be granted to one (1) or more of the applicants, it shall approve a proposed form of franchise contract, to which the applicant shall indicate its agreement in writing within fifteen (15) days. If the applicant does not agree in writing to the terms of such form of a franchise contract within fifteen (15) days, then its application shall be deemed denied.
(3) An application may not be amended after it is received by the clerk, except in any case in which only one (1) application is received, such application may be amended for cause shown upon the unanimous consent of the council committee.
(4) The grantee or grantees shall pay the city a sum of money sufficient to reimburse it for all of its publication and other expenses (including, but not limited to, consultants and legal expenses) incurred in connection with the granting of a franchise pursuant to the terms of this division.
(5) No provision of this division shall be construed to require the city to grant any franchise contract, and the council may reject any and all applications.
(G.O. 125, 1996, § 1)
Sec. 851-238. Council review of rejections.
Any person or entity whose application is rejected by the committee may, within ten (10) days of such action, petition the council for a review of that decision by filing notice thereof with the clerk of the council. If the council determines that the rejection is improper under this division, it may by resolution direct its committee to reconsider its action. In making its determination hereunder the council shall consider as evidence, and give due weight to, the findings and conclusions of its committee and shall consider the criteria contained in section 851-236.
(G.O. 125, 1996, § 1)
Sec. 851-239. Council action on recommended contracts.
Within thirty (30) days of the council committee's recommendation of a franchise and contract, the council shall introduce an ordinance approving and confirming the contract as accepted by its committee. The council shall act upon the ordinance within sixty (60) days of its introduction, except that such time may be extended by the council for good cause. The council may:
(1) Adopt the ordinance, subject to the veto of the mayor, in which case the chairman of the cable franchise board and the mayor will be directed to execute the franchise contract; or
(2) Defeat the ordinance, in which case the application shall be denied; or
(3) By resolution direct its committee to consider certain modifications or amendments for the franchise contract, in which case its committee shall reconsider the application.
In making its determination hereunder, or under section 851-238, the council shall review the record of proceedings before its committee, and it may, in its discretion, consider new evidence. In making its determination hereunder, the council shall consider as evidence, and give due weight to, the findings and conclusions of its committee, and shall consider the criteria contained in section 851-236. Under no circumstances shall the council by ordinance approve or confirm any franchise contract unless the precise language has been accepted by its committee prior to the council's action.
(G.O. 125, 1996, § 1)
Sec. 851-240. | 
