§ 23-31. Instructions and definitions.

(a)

An applicant for a competitive cable franchise ("applicant") shall include the requisite information set forth below, in writing, in its franchise application, in addition to any information required by 47 CFR § 76.41 and applicable state and local laws and the application fee set by resolution of the city council.

(b)

Arvada shall accept and review only those applications that include complete responses to every requirement of section 23-32. Submission of an application that does not include the requisite information set forth in section 23-32 and the application fee shall not commence the time period for granting or denying the application set forth in 47 C.F.R. § 76.41(d). The applicant shall submit additional or updated information as necessary to ensure the requisite information provided is complete and accurate throughout Arvada's review of the application.

(c)

Upon request, Arvada will promptly provide access to documents or information in its possession or control that are necessary for the completion of this application, provided that the applicant does not otherwise have access to such documents or information and that such documents or information are subject to disclosure under Colorado open records laws.

(d)

For the purposes of the application, the terms, phrases, and their derivations set forth below shall have the meanings given unless the context indicates otherwise. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular include the plural number. The word "shall" is always mandatory and not merely directory.

(1)

Affiliated entity or affiliate means any entity having ownership or control in common with the grantee, in whole or in part, including, without limitation, grantee's parent corporations and any subsidiaries or affiliates of such parent corporations.

(2)

Applicant means an applicant for a cable franchise pursuant to the provisions of the Competitive Franchise Application Rule (CFAR) set forth in Part 76 of Title 47 of the Code of Federal Regulations, section 76.41, and includes the parent corporation, its subsidiaries and principals.

(3)

Arvada means the City of Arvada, Colorado.

(4)

Control is not limited to majority stock ownership, but includes actual working control in whatever manner exercised.

(5)

Interest means officers, directors and shareholders owning five percent or more of the applicant's outstanding stock or any equivalent voting interest of a partnership or joint venture.

(6)

Parent corporation includes any entity with ownership or control of the applicant.

(7)

Principal includes any person, firm, corporation, partnership, joint venture, affiliates, or other entity, who or which owns or controls five percent or more of the voting stock (or any equivalent voting interest of a partnership or joint venture) of the applicant.

(8)

Regulatory authority includes any governmental or quasi-governmental organization or entity with jurisdiction over all or any portion of the applicant or its operations.

( Ord. No. 4078, § 1, 7-16-07 )