§ 76-32. Franchise required; application; issuance.

(a)

Before any person, firm, or corporation shall begin to construct or operate a community antenna television system within Fulton County, it shall file a written application for a franchise from the county, with the county manager, in a form prescribed or acceptable to the county manager, which application shall contain information showing:

(1)

The applicant's name and address;

(2)

The date and place of incorporation, if the applicant is incorporated;

(3)

A list of names and addresses of stockholders, directors, and officers of the applicant, if incorporated;

(4)

The most recent certified balance sheet of corporation or partnership or a sworn statement of net worth, if the applicant is an individual;

(5)

Location of all other CATV operations of the applicant;

(6)

Location and telephone numbers of all offices, branches, and warehouses in Fulton County;

(7)

The means of erecting wires contemplated by the applicant;

(8)

Names of companies from which permission has been obtained to use existing poles or lines;

(9)

Plans (including a map) and timetable of construction and expansion of the system;

(10)

Plan of financing the system;

(11)

Evidence of ability to provide policies or certification of insurance as to worker's compensation, liability, and indemnification as prescribed by this article;

(12)

The applicant's proposed rate structures; and

(13)

Such other information as required by the County Manager of Fulton County.

Each applicant for a franchise hereunder shall submit a filing fee in the amount of $10,000.00, by certified check, payable to Fulton County. After the applicant complies with any rules or regulations of Fulton County, as set out herein, the board of commissioners shall consider an applicant's legal, technical, character, financial, and public interest qualities. The board of commissioners may also consider the applicant's proposed construction plans, the applicant's total service package, whether it is in the public interest to grant more than one franchise, and such other matters as the board of commissioners may deem relevant or appropriate. Upon the full consideration of these matters, the board of commissioners shall, in the exercise of its sole discretion, either grant or deny the application for a franchise. If a franchise is granted, the board of commissioners shall, by resolution, authorize the county manager to execute a written franchise agreement with the applicant.

(b)

This article and its terms and conditions shall be accepted by the grantee by any written franchise agreement executed and acknowledged by the grantee and by the county and filed with the county manager. The agreement shall incorporate the grantee's written application to the county for the CATV franchise and shall bind the grantee to the provisions of the application insofar as they can be legally enforced. The board of commissioners may require a grantee to clarify any portion of its written application prior to the grant of the franchise.

(Code 1983, § 33-4-3)

State law reference

Authority to require franchise, O.C.G.A. § 36-18-2.