§440G-8  Issuance of cable franchise
authority; criteria; content.  (a)  The director is empowered to issue a
cable franchise to construct or operate facilities for a cable system upon the
terms and conditions provided in this chapter.



(b)  The director, after a public hearing as
provided in this chapter, shall issue a cable franchise to the applicant when
the director is convinced that it is in the public interest to do so.  In
determining whether a cable franchise shall be issued, the director shall take
into consideration, among other things, the content of the application or
proposal, the public need for the proposed service, the ability of the
applicant to offer safe, adequate, and reliable service at a reasonable cost to
the subscribers, the suitability of the applicant, the financial responsibility
of the applicant, the technical and operational ability of the applicant to
perform efficiently the service for which authority is requested, any
objections arising from the public hearing, the cable advisory committee
established by this chapter, or elsewhere, and any other matters as the
director deems appropriate in the circumstances.



(c)  In determining the area which is to be
serviced by the applicant, the director shall take into account the geography
and topography of the proposed service area, and the present, planned, and
potential expansion in facilities or cable services of the applicant's proposed
cable system and existing cable systems.



(d)  In issuing a cable franchise under this
chapter, the director is not restricted to approving or disapproving the
application or proposal but may issue it for only partial exercise of the
privilege sought or may attach to the exercise of the right granted by the
cable franchise terms, limitations, and conditions which the director deems the
public interest may require.  The cable franchise shall be nonexclusive, shall
include a description of the service area in which the cable system is to be
constructed, extended, or operated and the approximate date on which the
service is to commence and shall authorize the cable operator to provide
service for a term of fifteen years. [L 1970, c 112, pt of §1; gen ch 1985; am
L 1987, c 301, §8]