Applications for Initial Grant or Modification of Cable Franchise or Cable Service Permit.
North Las Vegas Municipal Code § 12.24.070
in effect12.24.070 - Applications for Initial Grant or Modification of Cable Franchise or Cable Service Permit.
A. Application Required.
1. A written application shall be filed with the City for grant of an initial cable franchise or cable service permit or modification of an agreement pursuant to 47 U.S.C. Section 545.
2. To be acceptable for filing, a signed original of the application shall be submitted together with two copies. The application must conform to any applicable request for proposals, and contain all required information. All applications shall include the names and addresses of persons authorized to act on behalf of all applicants with respect to the application.
3. All applications accepted for filing shall be made available by the City for public inspection.
B. Application for Grant of an Initial Cable Franchise or Cable Service Permit.
1. A person may apply for an initial cable franchise or cable service permit by submitting an application containing the information required in this section to the City Manager. Upon receipt of such an application, the manager may either: (a) evaluate the application conducting such investigations as he deems necessary; or (b) issue a request for proposals ("RFP"), after conducting, if necessary, a proceeding to identify the future cable-related needs and interests of the community. Any such RFP shall be mailed to the person requesting its issuance and made available to any other interested party. The RFP may contain a proposed agreement.
2. An applicant shall respond to an RFP by filing an application within the time set by the manager, providing the information and material set forth in this section. The procedures, instructions and requirements set forth in the RFP shall be followed by each applicant. Any applicant that has already filed any materials pursuant to this section need not refile the same materials with its RFP response, but must amplify its application to include any additional or different materials required by the RFP. The manager may seek additional information from any applicant and establish deadlines for the submission of such information.
3. A person may apply for an initial cable franchise or cable service permit by submitting an unsolicited application containing the information required in this section and requesting an evaluation of that application. Prior to evaluating that application, the manager may conduct such investigations as are necessary to determine whether the application satisfies the standards of this section and may seek additional applications.
4. In evaluating an application for a cable franchise or cable service permit, the manager shall consider, among other things, the following factors:
a. The extent to which the applicant has substantially complied with the applicable law and the material terms of any existing cable franchise or cable service permit with the City;
b. Whether the quality of the applicant's service under any existing cable franchise or cable service permit in the City, including signal quality, response to customer complaints, billing practices, and the like, has been reasonable in light of the needs and interests of the communities served;
c. Whether the applicant has the financial, technical and legal qualifications to provide cable service;
d. Whether the application satisfies any minimum requirements established by the City and is otherwise reasonable to meet the future cable-related needs and interests of the community, taking into account the cost of meeting such needs and interests;
e. Whether the applicant will provide adequate community, educational and governmental access channel capacity, facilities or financial support;
f. Whether issuance of a cable franchise or cable service permit is warranted in the public interest considering the immediate and future effect on the rights-of-way and private property that would be used by a cable system, including the extent to which installation or maintenance as planned would require replacement of property or involve disruption of property, public services or use of the rights-of-way; the effect of granting an agreement on the ability of the cable company to meet the cable-related needs and interests of the community; and the comparative superiority or inferiority of competing applications;
g. What effects a grant may have on competition in the delivery of cable service in the City.
5. If the City finds that it is in the public interest to issue a cable franchise or cable service permit considering the factors set forth above, and subject to the applicant's entry into an appropriate agreement, it shall issue a cable franchise or cable service permit. If the City denies a cable franchise or cable service permit, it shall issue a written decision explaining why it was denied. Prior to deciding whether or not to issue a cable franchise or cable service permit, the City may hold one or more public hearings or implement other procedures under which comments from the public on an application may be received. The City also may grant or deny a request based on its review of an application without further proceedings and may reject any application that is incomplete or fails to respond to an RFP. This chapter is not intended and shall not be interpreted to grant any applicant or existing cable company standing to challenge the denial of its application or the issuance of a cable franchise or cable service permit to another.
C. Contents of Application. An RFP for the grant of an initial cable franchise or cable service permit shall require, and any such application shall contain, at a 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 the ten largest holders of an ownership interest in the applicant and affiliates of the applicant, and all persons with five percent or more ownership interest in the applicant and its affiliates; the persons who control the applicant and its affiliates; all officers and directors of the applicant and its affiliates; and any other business affiliation and cable system ownership interest of each named person;
2. A demonstration of the applicant's technical ability to construct and/or operate the proposed cable system, including identification of key personnel;
3. A demonstration of the applicant's legal qualifications to construct and/or operate the proposed cable system, including but not limited to a demonstration that the applicant meets the following criteria:
a. If the City has denied an applicant's previous request for an initial cable franchise or cable service permit, that applicant may not apply for an initial cable franchise or cable service permit again until at least three years have elapsed since the date of such denial.
b. The applicant must not have had any cable television cable franchise or other such authorization validly revoked by any franchising authority within three years preceding the submission of the application.
c. The applicant must have the necessary authority under Nevada law to operate a cable system or to provide cable services.
d. The applicant must have the necessary authority, under federal law to hold a cable franchise or cable service permit, operate a cable system and/or to provide cable services. An applicant must have, or show that it is qualified to obtain, any necessary federal franchises or waivers required to operate the system proposed.
e. The applicant shall not be issued a cable franchise or cable service permit if, at any time during the ten (10) years preceding the submission of the application, the applicant was convicted of any act or omission of such character that the applicant cannot be relied upon to deal truthfully with the City and subscribers, or to substantially comply with its lawful obligations under applicable taw, including obligations under consumer protection laws and laws prohibiting anticompetitive acts, fraud, racketeering or other similar conduct.
f. The applicant shall not be issued a cable franchise or cable service permit if it files materially misleading information in its application or intentionally withholds information that the applicant lawfully is required to provide.
g. The applicant shall not be issued a cable franchise or cable service permit if an elected official of the City holds a controlling interest in the applicant or an affiliate of the applicant. Notwithstanding the foregoing, the City shall provide an opportunity to an applicant to show that it would be inappropriate to deny it a cable franchise or cable service permit by virtue of the particular circumstances surrounding the matter and the steps taken by the applicant to cure all harms flowing therefrom and prevent their recurrence, the lack of involvement of the applicant's principals, or the remoteness of the matter from the operation of cable systems;
4. If applicable, a statement prepared by a certified public accountant regarding the applicant's financial ability to complete the construction of the cable system proposed;
5. A description of the applicant's prior experience in cable system ownership, construction, operation or provision of cable service and identification of communities in which the applicant or any of its principals have, or have had, a cable franchise or cable service permit or other such authorizations and any interest therein;
6. Identification of the area of the City to be served by the proposed cable company, including a description of the proposed service area's boundaries;
7. A detailed description of the physical facilities proposed, including channel capacity, technical design, performance characteristics, headend and access facilities;
8. Where applicable, 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 are to 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;
9. The proposed rate structure, including projected charges for each service, installation, converters and all other proposed equipment or services;
10. A demonstration of how the applicant will reasonably meet the future cable-related needs and interests of the community, including descriptions of how the applicant will meet the needs described in any recent community needs assessment conducted by or for the City, and how the applicant will provide adequate community, educational and governmental access channel capacity, facilities or financial support to meet the community's needs and interests;
11. Pro forma financial projections for the proposed cable franchise or cable service permit term, including a statement of projected income and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules;
12. If the applicant proposes to provide cable service to an area already served by an existing cable company, the identification of the area where any overbuild would occur and the ability of the rights-of-way and other property that would be used by the applicant to accommodate an additional system;
13. Any other information that may be reasonably necessary to demonstrate compliance with the requirements of this chapter;
14. Any additional information that the City may request of the applicant that is relevant to the City's consideration of the application;
15. 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 application meets all federal and state law requirements;
16. If the applicant was formed less than two years before the date of application, this same information shall be supplied for each party owning an interest of ten (10) percent or more in the applicant;
17. A statement that the applicant has applied for a utility or business license in accordance with Title 5 of this Code;
18. The City may, at its discretion and upon request of an applicant, waive in writing the provision of any of the information required by this section.
D. Application for Grant of a Renewal of a Cable Franchise or Cable Service Permit. The renewal of any cable franchise or cable service permit shall be conducted in a manner consistent with Section 626 of the Cable Act, 47 U.S.C. Section 546. A cable company shall cooperate with the City in any renewal proceeding and shall provide such information as the City shall reasonably request in such a renewal proceeding.
E. Application for Modification of a Cable Franchise or Cable Service Permit. An application for modification of an 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, demonstrated through, inter alia, submission of financial pro formas;
3. A statement whether the modification is sought pursuant to Section 625 of the Cable Act, 47 U.S.C. Section 545, and, if so, a demonstration that the requested modification meets the standards set forth in 47 U.S.C. Section 545;
4. Any other information that the applicant believes is 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.
F. Public Hearings. An applicant shall be notified of any public hearings held in connection with the evaluation of its application and shall be given an opportunity to be heard. In addition, prior to the issuance of a cable franchise or cable service permit, the City shall provide for the holding of a public hearing within the proposed service area, following reasonable notice to the public, at which every applicant and its applications shall be examined and the public and all interested parties afforded a reasonable opportunity to be heard.
G. Public Notice Expense. The applicant shall reimburse the City for all costs relating to public notices made for the purpose of hearings conducted in the course of considering the application.
H. Acceptance of Cable Franchise or Cable Service Permit. Following approval by the City, any cable franchise or cable service permit granted pursuant to this chapter, and the rights, privileges and authority granted by an agreement, shall take effect and be in force from and after the first date on which both the cable company and the City have signed the agreement.
(Ord. 1312 § 1 (part), 1999)
Source: City of North Las Vegas, Nevada, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/north_las_vegas/codes/code_of_ordinances?nodeId=TIT12STSIPUPL_CH12.24CACORECO_12.24.070APINGRMOCAFRCASEPEFetched: 11/1/2026