§ 8A-128. Application procedure; information required.  


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  • (a)

    License applications shall contain or be accompanied by the following information:

    (1)

    Name, address and telephone number of applicant.

    (2)

    Names of all officers and directors of corporate applicant.

    (3)

    Copy of contract to be utilized for individual customer service which shall include all fees, charges, rentals, etc., during the first five (5) years of operation.

    (4)

    Estimated date installation of main distribution system will be commenced.

    (5)

    Locations of antennae and transmitter.

    (6)

    Certificates of liability insurance coverage in the minimum amounts specified by this article.

    (7)

    Performance bond as required by Section 8A-137(d) of this article.

    (8)

    Information on the applicant's past experience in the cable television industry.

    (9)

    Audited financial statements of the applicant for the past two (2) years.

    (10)

    Financial forecasts of the proposed system.

    (11)

    Any other information deemed necessary by the County Manager in order to evaluate the application.

    (b)

    Except for applications specified in subparagraph (c) below, License applications may only be filed during the months of January and July of each year.

    (c)

    Applications from applicants which have been issued a municipal License, franchise or permit may be filed and processed at any time provided that:

    (1)

    The application does not seek to provide service in areas located in the unincorporated areas of the County; and

    (2)

    The municipal License was granted after an investigation and public hearing process comparable to that process provided for in this article.

    The County Manager may, after verifying that an application meets the requirements of this paragraph, waive the notice and comment requirements specified in subparagraph (e) below.

    (d)

    Each application shall be accompanied by a nonrefundable fee of one thousand dollars ($1,000.00) to cover the cost of initial processing.

    (e)

    The County Manager or his designee shall investigate all applications to ensure that all information provided is correct, that the applicant has the financial, technical and managerial background and resources to provide the proposed services. Upon receipt of any application, the Manager shall publish notice thereof, which notice shall request written comments regarding the application. All such written comments shall be submitted at least sixty (60) days before the public hearing required by subparagraph (f) below.

    (f)

    The County Manager or his designee shall prepare a report to the Commission regarding the application, which report shall consider and respond to any comments received and shall contain the County Manager's recommendations concerning the application. The Manager shall schedule a public hearing before the Commission to consider the application and the Manager's report. Notification of any License hearing must be published one (1) time each for two (2) successive weeks in a newspaper of general Miami-Dade County circulation. The County Commission then will approve, disapprove or take any other action it finds to be in the public interest. The Commission may, by resolution, assign a priority service area to the Licensee.

    (g)

    Upon the issuance of a nonexclusive License by the County Commission the Licensee shall pay all reasonable costs, fees and other obligations incurred by the County and which the County may legally be required to pay in the examining, preparing, advertising and awarding of the License. These costs, fees and other obligations shall include, but shall not be limited to, reasonable consulting fees, printing, advertising and other costs as deemed appropriate by the County Manager. With the exception of stated consulting fees and expenses which are not excessive and can be shown as direct costs to the County, amounts paid to the County by the Licensee in reimbursement of these expenses shall be amortized over the term of the License and shall be applied as a credit against the annual percentage fee specified in Section 8A-129 for that year.

(Ord. No. 74-88, §§ 2, 6, 10-15-74; Ord. No. 77-91, § 2, 12-20-77; Ord. No. 82-66, § 1, 7-20-82)