12-14-2015 Council Packet - Laserfiche WebLink

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to franchise once CenturyLink informed the NMTC that it was prepared to submit and application. The publication of the notice of intent to franchise substantially complies with both state and local requirements. Written Notice. The NMTC was not aware of any other companies that were interested in applying for a cable franchise. Therefore, no companies, other than CenturyLink, received written notice of the NMTC's notice of intent to franchise. There were no objections to the NMTC's provision of written notice to potential candidates for a cable franchise. Deadline for Application Submission. The NMTC allowed more than 20 days from the first date of published notice for the submission of franchise applications. See Exhibit 1. There were no objections to the cable franchise application deadline set by the NMTC. Public hearing on franchise. The NMTC held a public hearing on February 18, 2015, which afforded reasonable notice and a reasonable opportunity to be heard with respect to the CenturyLink cable franchise application. No objections were made concerning the manner in which the NMTC held the public hearing. Award of franchise. In the event a NMTC member city decides to enter into a franchise agreement with CenturyLink in the future, a NMTC member city must award the cable franchise by ordinance. In that event, while the NMTC has held a public hearing on the cable franchise application, it is recommended that there be a subsequent public hearing if a cable franchise agreement is agreed upon and a cable ordinance is introduced. A cable franchise may not be awarded until at least seven days after the public hearing on the cable franchise ordinance. 2. CenturyLink's application substantially complies with state and local application requirements. Contents of franchising proposal. It was CenturyLink's responsibility to comply with all of the application requirements in State Law. The application was submitted timely, included the applicable application fee, and signed before a notary. See Exhibit 2 (CenturyLink Cable Franchise Application). Upon review of the CenturyLink cable franchise application, CenturyLink has substantially complied with the following State application requirements without objection: o Plans for channel capacity. See Exhibit 2 at p. 1. o A statement of the television and radio broadcast signals for which permission to carry will be requested from the Federal Communications Commission. See Exhibit 2 at p. 2 and Exhibit 3 at ¶ 8. o A description of the proposed system design and planned operation. See Exhibit 2 at pp. 2-3 and Exhibit 3 at ¶¶ 11-16. o Terms and conditions under which particular service is to be provided to governmental and educational entities. See Exhibit 2 at pp. 3-4 and Exhibit 3 at ¶¶ 17-22. 13