§ 49-50. Franchise applications.

A. 

Invitation of any applications for a franchise, public notice of request for proposals. The town may invite applications for a cable television franchise by means of a public notice advertising the availability of its request for proposals. The public notice shall contain but need not be limited to:

(1) 

A description of the franchise area which is sought.

(2) 

A statement that a formal request for proposals is available to prospective applicants from a town official whose name, address and telephone number are specified.

(3) 

A statement that applications for the franchise must be submitted, in writing, in the form and manner specified in the request for proposals no later than a certain day specified.

(4) 

A statement that all applications will be made available for public inspection during normal business hours at a specified location.

B. 

Request for proposals. Prior to inviting any applications for any television franchise, the town shall prepare a request for proposals that shall contain but need not be limited to the following:

(1) 

A description of the cable television system and services desired by the town, including any system specifications established by the town.

(2) 

A statement specifying the form that all applications shall follow.

(3) 

A statement indicating the amount of the application fee (if any) to be submitted with the application, and the manner in which such fee is to be submitted.

(4) 

A statement that all applications must contain the information required by the request for proposal.

(5) 

The closing date for the submission of applications.

(6) 

The name, address and telephone number of the town official(s) who may be contacted for further information.

C. 

Requirement for public hearing on reasonable notice. The town shall conduct a public hearing prior to awarding any cable television franchise. The hearing shall be preceded by reasonable notice to each of the franchise applicants and to the public and shall be conducted by the Town Board in accordance with the following procedures:

(1) 

There shall be an agenda for the hearing which shall specify the proposal(s) to be considered at the hearing.

(2) 

Every person who has applied for a cable television franchise shall appear at the hearing either in person or by authorized representative. The application of any applicant not so appearing shall not be further considered, except for good cause shown.

(3) 

All persons shall be given opportunity to participate in the hearing, but nothing contained herein shall limit the power of the presiding officer to establish reasonable time limits and otherwise limit repetitive statements or questions.

(4) 

The notice of hearing shall:

(a) 

Conform to all relevant state and local laws.

(b) 

Describe the agenda to be considered at the public hearing.

(c) 

Indicate that copies of all franchise applications are available for public inspection during normal business hours at a place to be specified in the notice.

D. 

Town discretion. The town, at its discretion, may reject any application for a franchise. In awarding a franchise, the town shall allow the applicant's cable system a reasonable period of time to become capable of providing cable service to all households in the franchise area; may require adequate assurance that the cable operator will provide adequate public, educational and governmental access channel capacity, facilities or financial support; and may require adequate assurance that the cable operator has the financial, technical or legal qualifications to provide cable service.