§ 8AA-6. Notice and comment period for initial licenses.

(a) If the Director finds that an application is incomplete, the application and the fee shall be returned to the applicant with a letter describing any and all insufficiencies found in the application. The applicant may then reapply for a license upon correcting the deficiencies noted by the Director. Upon receipt of a complete application, the Director shall publish notice within a ninety-day period requesting written comments from the public or any interested person. The notice shall name the applicant, describe the proposed license area, name any existing licensee authorized to serve the area, establish a closing date for receiving comments and provide the address where the comments should be sent. All such written comments shall be submitted at least thirty (30) days before the public hearing required by Section 8AA-7.

(b) Upon the receipt of an application for a municipal area, the Director shall contact the municipality involved and request access to all pertinent documentation regarding the application. The Director shall determine whether the information submitted to the municipality meets, at a minimum, the requirements of this chapter, and shall determine whether a public hearing was held by a municipality regarding the application. The Director shall determine whether the municipal license or franchise contains any terms or conditions inconsistent with this chapter. If so, the County Manager shall identify those inconsistencies in his/her report to the Commission. Applications from applicants which have been issued a municipal license, franchise or permit may be processed at the discretion of the Director without the notice and comment requirements in Section 8AA-6(a) 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 conducted by the municipality and similar to the process established by this chapter; and

(3)

The application otherwise meets the requirements of this section.

(Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01)