Grant of franchises.
Cape Coral Code of Ordinances § 15-9
in effect§ 15-9 - Grant of franchises.
(a) The city may grant a franchise for a period not to exceed 15 years, plus the additional time as may equal the unexpired term of a pre-existing franchise.
(b) In evaluating an application for a franchise, the city may consider, among other things, the following factors: the applicant's technical, financial and legal qualifications to construct and operate the proposed system; the adequacy of the proposed construction arrangements, if any, facilities, equipment and services based on the public convenience, safety and welfare; the applicant's experience in constructing and operating cable systems and providing cable service in other communities, if any; the ability of city streets to accommodate the proposed system, if any; the potential disruption to users of city streets and any resultant inconvenience to the public; and whether the proposal will meet reasonably anticipated community needs and serve the public interest. Evaluation by the city shall not be based on the content of the programming the applicant proposes to provide.
(c) The city shall hold a public hearing to consider an application or applications. The city shall not consider an application for a franchise unless and until applicant has submitted a proposed franchise agreement which it is prepared to execute. The applicant(s) shall be notified of the hearing and shall be given an opportunity to be heard. Based upon the application(s), the testimony presented at the public hearing, any recommendations of the city staff, and any other information relevant to the application(s), and the terms and conditions contained in the proposed franchise agreement, the city shall decide by ordinance whether to approve or deny the proposed franchise agreement(s), and thereby grant or deny a franchise. The city may make the grant of a franchise conditioned upon the completion of construction within a reasonably prescribed time or upon the performance of other specific obligations which are to be set forth in the franchise agreement, specifying that failure to comply with the condition will cause the franchise to become null and void.
(d) Franchisee shall reimburse the city for all costs and expenses incurred by the city in considering and processing the application, including but not limited to consulting and legal costs, less the amount of the filing fee set pursuant to § 15-8(i) above. Within five calendar days prior to the planned date of the public hearing on the proposed ordinance to approve or deny the franchise agreement or renewal or modification or transfer thereof by the City Council, the city shall advise the franchisee of the amount of the processing fee and its method of calculation. If the processing fee is not paid to the city within ten calendar days of the date of the City Council ordinance approving or denying the franchise agreement or a modification or transfer thereof, any approval granted by the ordinance will be null and void without further action by the city.
(Ord. 90-00, § 3, 9-11-2000)
Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH15FR_ARTICACO_S15-9GRFRFetched: 11/4/2026