Del. Code tit. 26 § 602

Current through 2024 Legislative Session Act Chapter 531

Section 602 - Contents of application

All franchise applications shall consist only of the following:

(1) A description of the territory proposed to be served by the applicant;

(2) A description of station signals as required to be carried by the Federal Communications Commission;

(3) A description of locally originated program service required by the Federal Communications Commission and of the applicant's plans, time schedules and facilities for providing such service;

(4) A schedule of presently proposed maximum rates and charges for each subscriber classification, and each classification of service;

(5) A description of facilities and service not described in paragraphs (2) and (3) of this section which at the time of the application the applicant desires to offer to the community, its governmental, educational or service agencies, including complete information concerning any applicable charges for such facilities and services;

(6) A copy of the proposed standard subscriber contract, if any;

(7) A statement demonstrating the applicant's financial qualifications including:

a. Balance sheet and profit and loss statements of the applicant current within 90 days of the filing of the application;

b. Estimated total cost of construction of the proposed cable system when completed to serve the entire proposed franchised area;

c. A complete financial plan for construction and operation of the proposed cable system demonstrating the applicant's financial ability to construct the system within the time specified by the applicant and in accordance with any Federal Communications Commission schedule of construction and to operate at the rates and charges proposed in the application during the first 5 franchise years commencing on the date service is first furnished to any subscriber.

If the applicant relies on others for loans, credit, advances or other means of financial assistance, the applicant must demonstrate the actual availability of such sources of financial assistance;

(8) A plat or plats showing proposed location or existing location of the receiving antennas, head-end equipment, studio, office, maintenance and construction facilities and proposed trunk routes for cable;

(9) A statement by the applicant that the cable system described in its application is and will be in full compliance with all technical rules, regulations, standards and operating policies for facilities and service of the Federal Communications Commission for community antenna television systems or cable television systems in effect at the time the proposed system is placed in operation;

(10) Full ownership identification of the applicant including:

a. Name and business address and, if other than a natural person, a description of the legal nature of the applicant stating the jurisdiction and laws under which it was formed;

b. The name, address and position held in the applicant of all officers, directors, trustees, general or limited partners, or persons having an ownership or beneficial interest of 5% or more in the applicant or in the application;

c. Identification of all other cable television interests including franchises, and the extent thereof, held by the applicant or any officer, director, trustee, or general partner of the applicant, and by any person having a 5% or greater ownership or beneficial interest in the applicant or in the application; and

d. Copies of the most recent Report of Cable Television Systems and Cable Television Annual Financial Statement filed with the Federal Communications Commission by the applicant and/or any parent, subsidiary, officer, director, trustee or other person having an ownership or beneficial interest of 5% or greater in the applicant.

(11) If the system is not fully constructed, a schedule, in phases, for construction of the system in the franchise area and for extending service throughout the franchise area.

(12) A statement by the applicant that the applicant has read and is familiar with this chapter.

(13) At the option of the applicant, a precise statement of each term of the franchise as specified in § 604 of this title as proposed by the applicant.

26 Del. C. § 602

Amended by Laws 2023, ch. 42,s 132, eff. 5/31/2023.

59 Del. Laws, c. 397, § 1.;