12-14-2015 Council Packet - Laserfiche WebLink

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1. NMTC's Application Requirements To obtain an initial cable franchise, a written application containing all information required by the Competitive Franchising Policies and Procedures must be filed with the NMTC. Under Section 2, Subd. 3 of the Competitive Franchising Policies and Procedures and state law, the NMTC is required to publish of a Notice of Intent to Franchise that contains the specific requirements governing the submission cable franchise applications. According to the Notice of Intent to Franchise first published by the NMTC on January 16 and 20, 2015 (in 3 different newspapers to cover all of the member cities), all franchise applications were to be filed with the Cable Officer no later than 12:00 p.m. on February 12, 2015. 2. Contents of Application The NMTC's Competitive Franchising Policies and Procedure largely reflects current State law requirements as listed above. In addition to the provision in State law, the Competitive Franchising Policies and Procedure also require the following: A proposed Franchise Agreement; Any other information contained in a notice of intent to franchise that may be reasonably necessary to demonstrate compliance with applicable laws and regulations and the requirements of these Policies and Procedures Governing the Receipt and Review of Applications for Additional Cable Franchises; and Any additional information that the Commission or its responsible employee(s) may request of the applicant that is relevant to the Commission's and/or a Member City's consideration of the application. Section 7 Federal Law A. The Federal Cable Act As the FCC noted in its 621 Order, local franchising authorities may not unreasonably deny an additional competitive franchise to potential competitors who are ready and able to provide service in order "[t]o encourage more robust competition in the local video marketplace..." See 621 Order at ¶ 7; and 47 U.S.C. § 541(a)(1). In awarding a franchise, a local franchising authority may establish construction schedules and construction requirements,5 and may require adequate assurances that an applicant: 1. Will provide adequate public, educational and governmental access channel capacity, facilities or financial support; and 5 See 47 U.S.C. § 552(a)(2). 5