Applications for grant, renewal, modification or transfer of franchises.
Cape Coral Code of Ordinances § 15-8
in effect§ 15-8 - Applications for grant, renewal, modification or transfer of franchises.
(a) A written application shall be filed with the city for:
(1) Grant of a new franchise;
(2) Renewal of a franchise in accordance with § 626 of the Communications Act, 47 U.S.C. § 546;
(3) Modification of a franchise agreement;
(4) Transfer of a franchise; or
(5) Any other relief from the city pursuant to this article or a franchise agreement.
(b) To be acceptable for filing, a signed original of the application shall be submitted together with seven copies, be accompanied by the required non-refundable application filing fee as set forth in subsection (i) below, conform to any applicable request for proposals, and contain all reasonably required information. All applications shall include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application.
(c) All applications accepted for filing shall be made available by the city for public inspection.
(d) An application for the grant of a new franchise may be filed pursuant to a request for proposals issued by the city or on an unsolicited basis. The city, upon receipt of an unsolicited application, may issue a request for proposals. If the city elects to issue a request for proposals upon receipt of an unsolicited application, the applicant may submit an amended application in response to the request for proposals, or may inform the city that its unsolicited application should be considered in response to the request for proposals, or may withdraw its unsolicited application. An application, including an unsolicited application which applicant has subsequently designated as responsive, which does not conform to the reasonable requirements of a request for proposals may be considered non-responsive and denied on that basis.
(e) An application for the grant of an initial franchise shall contain, at minimum, the following information:
(1) Name and address of the applicant and identification of the ownership and control of the applicant, including: the names and addresses of all persons with 5% or more ownership interest in the applicant, including the names and addresses of parents or subsidiaries holding the ownership interests directly or indirectly; the persons who control the applicant; all officers and directors of the applicant; and any other cable system ownership or other communication ownership interest of each named person;
(2) An indication of whether the applicant, or any person controlling the applicant, or any officer, or director or person with five percent or more ownership interest in the applicant, has been adjudged bankrupt, had a cable franchise or license revoked, or been found by any court or administrative agency to have violated a security or antitrust law, or to have committed a felony, or any crime involving moral turpitude; and, if so, identification of any such person and a full explanation of the circumstances;
(3) A demonstration of the applicant's technical, legal and financial ability to construct and/or operate the proposed cable system, including identification of key personnel;
(4) A statement prepared by a certified public accountant or duly authorized financial officer of the applicant regarding the applicant's financial ability to complete the construction and operation of the cable system proposed;
(5) A description of the applicant's prior experience in cable system ownership, construction and operation, and identification of communities in which the applicant or any person controlling the applicant or having more than a ten percent ownership interest in applicant has, or has had, a cable franchise or license or any interest therein;
(6) A description of the physical facilities proposed, including channel capacity, performance characteristics, headend and access facilities; upon request, the applicant shall make information on technical design available for inspection;
(7) A description of the construction of the proposed system, including an estimate of plant mileage and its location, the proposed construction schedule, a description, where appropriate, of how services will be converted from existing facilities to new facilities, and information on the availability of space in conduits including, where appropriate, an estimate of the cost of any necessary rearrangement of existing facilities;
(8) For informational purposes, the proposed rate structure, including projected charges for each service tier, installation, converters and other equipment or services, and the applicant's ownership interest in any proposed program services to be delivered over the cable system;
(9) A demonstration of how the applicant's proposal will reasonably meet the future cable-related needs and interests of the community, including a description of how the proposal will meet the needs described in any recent community needs assessment conducted by or for the city and any surveys or other research conducted by franchisee;
(10) A description of the applicant's proposal to provide access channels, facilities, equipment, personnel and financing in support of the city's education and government related activities;
(11) A description of any cable and non-cable telecommunications services offered by the applicant or its parent, affiliate or subsidiary and franchisee's plan with respect to the availability of the services to subscribers in the city;
(12) Pro forma financial projections for the first five years of the franchise term, including a statement of projected income, and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules;
(13) If an applicant proposes to provide cable service to an area already served by an existing cable franchisee, the identification of the area where the overbuild would occur, the potential subscriber density in the area which would encompass the overbuild, and the ability of the streets to accommodate an additional system;
(14) A detailed statement of franchisee's policies and practices with respect to granting access to its cable system for the provision of cable internet services;
(15) If requested, a proposal to provide an I-Net to the city;
(16) A description of the applicant's proposal to transmit the city's access channels to neighboring communities, upon request of a neighboring community which receives services from the city;
(17) Any other information as may be reasonably necessary to demonstrate compliance with the requirements of this article and information that the city may request of the applicant that is relevant to the city's consideration of the application; and
(18) An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments, and certifying that the proposal meets all federal and state law requirements.
(f) An application for modification of a franchise agreement shall include, at minimum, the following information:
(1) The specific modification requested;
(2) The justification for the requested modification, including the impact of the requested modification on subscribers and others, and the financial impact on the applicant if the modification is approved or disapproved;
(3) A statement whether the modification is sought pursuant to § 625 of the Communications Act, 47 U.S.C. § 545, and, if so, a demonstration that the requested modification meets the standards set forth in 47 U.S.C. § 545;
(4) Any other reasonable information necessary for the city to make an informed determination on the application for modification; and
(5) An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, and certifying that the application is consistent with all federal and state law requirements.
(g) An application for renewal of a franchise shall comply with the requirements of § 15-23 below.
(h) An application for approval of a transfer of a franchise shall comply with the requirements of § 15-24 below.
(i) (1)
To be acceptable for filing, an application shall be accompanied by a non-refundable filing fee in the following amount, as appropriate:
a. For a new or initial franchise: $15,000;
b. For renewal of a franchise: $10,000;
c. For a transfer of a franchise: $2,500;
d. For modification of a franchise agreement pursuant to 47 U.S.C. § 545: $2,500; and
e. For any other relief: $2,500.
(2) The purpose of the filing fee is to defray a portion of the city's cost in processing an application. The fee shall be credited against amounts due under § 15-9(d) below.
(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_S15-8APGRREMOTRFRFetched: 11/4/2026