Ordinance 99-66 - Laserfiche WebLink

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(a) The provisions of this article shall apply to a franchise agreement as iffully set forth in the franchise agreement, and the express terms of this article will prevail over conflicting or inconsistent provisions in a franchise agreement unless such franchise agreement expresses an explicit intent to waive a requirement of this article. (b) Except as to matters which are governed by Federal law or regulation, a franchise agreement will be governed by and construed in accordance with the laws of the State. (c) If any part, section, subsection or other portion of this article conflicts or subsequently comes into conflict with any Federal, State, County or local law, the prevailing law will apply, to the extent expressly permitted by applicable law. Sec. 7. Applications for ~rant. renewal. modification or transfer of franchise. (a) A written application shall be filed with the City for (a) grant of new franchise; (b) renewal of a franchise in accordance with Section 626 of the Communications Act, 47 U.S.C. ~546; (c) modification of a franchise agreement; (d) transfer of a franchise; or (e) any other relief from the City pursuant to this article or a franchise agreement. (b) To be acceptable for filing, a signed original of the application shall be submitted together with five copies, be accompanied by the required non-refundable application filing fee in the amount of $7,500.00, conform to any application forms, applicable requests for proposals, and contain all reasonably required information. The purpose of the filing fee is to defray a portion of the City's cost in processing an application. The filing fee is therefore intended to be a charge incidental to the awarding or enforcing of a franchise within the meaning of Section 622(g)(2)(D) of the Communications Act, 47 U.S.C. ~542(g)(2)(D), and may not be deducted from the franchise fee imposed in a franchise agreement. All applications shall include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application. (c) All applications accepted for filing shall be made available by the City for public inspection. (d) An application for the grant of a franchise shall be submitted by any person desirous of operating a cable system in the City notwithstanding whether any such person is operating a system pursuant to a County license on the effective date hereof. ( e) An application for the grant of a new franchise may be filed pursuant to a request for proposals issued by the City or on an unsolicited basis. The City, upon receipt of an unsolicited application, may issue a request for proposals. If the City elects to issue a request for proposals upon receipt of an unsolicited application, the applicant may submit an amended application in response to the request for proposals, or may inform the City that its unsolicited application should be considered in response to the request for proposals, or may withdraw its unsolicited application. An application which does not conform to the reasonable requirements of a request for proposals may be considered non-responsive and denied on that basis. Cable Ordinance -10-