8.1006 Review Process.
(1) Acceptance of Application. Within 5 business days of receipt of an application, the City Manager shall review the application to ensure all requisite information is included in the application.
(a) If the application is not complete, staff will immediate notify the Applicant in writing, listing the requisite information that is required to complete the application and notifying the Applicant the that time period for granting or denying the application set forth in 47 C.F.R. § 76.41(d) will not begin to run until such information is received.
(b) If the application is complete, the City Manager will immediately notify the Applicant in writing that all requisite information has been received.
(2) Review. City Manager shall review all completed applications based on the review criteria set forth herein. If, during the review of an application, staff requires additional information from the Applicant, staff will promptly request the information from the Applicant, in writing, along with a notification that the time period for granting or denying the application set forth in 47 C.F.R. § 76.41(d) will be tolled until such information is received by the City. After completing the review, City Manager shall provide an analysis of the application to the City Council.
(3) Public Hearing. The City shall hold a public hearing affording participants a process substantially equivalent to that required by 47 U.S.C. §546(c)(2) governing renewal of cable franchises.
(4) Review Criteria. The City Manager may recommend to the City deny and City may deny an application if, based on the information provided in the application, at the public hearing and/or any terms of a proposed franchise agreement:
(a) The Applicant does not have the financial, technical, or legal qualifications to provide cable service;
(b) The Applicant will not provide adequate public, educational, and governmental access channel capacity, facilities, or financial support, as evidenced by the most recent needs ascertainment conducted by or on behalf of the City, or other relevant study of community needs; or
(c) The Applicant’s proposed terms do not comply with applicable federal, state and local laws and regulations including, but not limited to, local customer service standards, or relevant existing contractual obligations of the City.