6.24.070 Franchise Applications.
(1) Franchise Application. To obtain a franchise to construct, own, maintain or provide services through any system within the City, to obtain a renewal of a franchise granted pursuant to this Chapter or to obtain the City approval of a transfer of a franchise, as provided in Subsection 6.24.090(2) granted pursuant to this Chapter, an Application must be filed with City on the form approved by the Municipal Council. The application form may be changed by the Mayor of Provo City so long as such changes request information that is consistent with this Chapter. Such Application form, as amended, is incorporated by reference.
(2) Application Criteria. In making a determination as to an application filed pursuant to this Chapter, the City may, but shall not be limited to, request the following from the provider:
(a) A copy of the order from the PSC granting a Certificate of Convenience and Necessity.
(b) Certification of the provider’s financial ability to compensate the City for provider’s intrusion, maintenance and use of the fights-of-way during the franchise term proposed by the provider;
(c) Provider’s agreement to comply with the requirements of Section 6.24.080 of this Chapter.
(d) Prior to using any City electrical utility right-of-way and/or making any attachments to poles, the willingness to enter into a joint facilities use agreement (pole attachment agreement) with the City. Any costs associated with any work to be done by the Power and Public Works Department to provide space on City owned poles shall be borne by the provider.
(3) Franchise Determination. The City, in its discretion, shall determine the award of any franchise on the basis of these and other considerations relevant to the use of the rights-of-way, without competitive bidding.
(Enacted 1999-17)