§ 5.5-21. Procedure for consideration of and action on applications.

(a)

The city may make such investigations and take or authorize the taking of such other steps as the city council deems necessary or appropriate to consider and act on applications for franchises or revocable licenses. In considering applications, the city council may seek advice from other city officials or bodies, from such other advisory bodies as it may establish or determine appropriate, or from the public, and may request the preparation of one (1) or more reports to be submitted to the city council, which may include recommendations with respect to such applications.

(b)

After considering such information provided pursuant to this section as it determines to be appropriate, the city council shall set one (1) or more public hearings for consideration of the application(s), fixing and setting forth a day, hour and place certain at which such application(s) shall be heard, and providing notice of such public hearing in accordance with applicable law.

(c)

The city council may authorize negotiations between city officials and applicants on the terms of the proposed franchise or revocable license.

(d)

The city council shall consider the application for a franchise or revocable license to provide telecommunications services in accordance with this section and applicable law, including 47 U.S.C. 253, and shall grant the franchise or revocable license, provided that the applicant has agreed to the terms on which the franchise or revocable license is to be granted and meets the evaluation criteria set forth in section 5.5-20 of this article. The city also reserves the right to waive any or all requirements in order to grant a franchise or revocable license to an applicant when it determines that the best interests of the city may be served thereby or that such waiver is required by applicable law.

(d)

Upon completion of the steps deemed appropriate by the city council, the city council may grant the revocable license to provide private telecommunications services or facility services, and may specify the conditions under which the revocable license is granted. Alternatively, the city may reject any and all applications for a revocable license to provide private telecommunications services or facility services. The city also reserves the right to waive any or all requirements when it determines that the best interests of the city may be served thereby.

(Ord. No. 01-17, 1(Art. 2, § 2.6, 10-11-01)

State law reference

The Local Government Cable Fair Competition Act, O.C.G.A. § 36-90-1 et seq.