5104

COUNTY LOCAL LAWS

(B)    BASIC QUALIFICATIONS: THE BASIC
QUALIFICATIONS REQUIRED OF EACH APPLICANT ARE THAT IT BE
LEGALLY, TECHNICALLY AND FINANCIALLY QUALIFIED TO
CONSTRUCT AND OPERATE A HIGH QUALITY CATV SYSTEM IN
HARFORD COUNTY. THE GRANTING AUTHORITY SHALL NOT ATTEMPT
TO COMPARE THE APPLICATIONS IN THESE AREAS; AN APPLICANT
IS EITHER LEGALLY, TECHNICALLY AND FINANCIALLY QUALIFIED,
OR IT IS NOT. IF THE GRANTING AUTHORITY DETERMINES THAT
ANY APPLICANT DOES NOT POSSESS ANY OR ALL OF THE BASIC
QUALIFICATIONS, IT RESERVES THE RIGHT TO DISMISS THE
APPLICATION WITHOUT WITHOUT CONSIDERATION OF ITS
PROGRAMMING AND OTHER ATTRIBUTES. IN SUCH EVENT, THE
ASSUMPTION IS THAT IF AN APPLICANT IS NOT LEGALLY,
TECHNICALLY AND FINANCIALLY QUALIFIED, IT IS INCAPABLE OF
PROVIDING THE PROGRAMMING AND SERVICES THAT IT PROPOSES.

DEFINITIONS OF THE BASIC QUALIFICATIONS FOLLOW:

(1)    LEGAL QUALIFICATIONS: TO BE LEGALLY
QUALIFIED, AN APPLICANT MUST BE A RECOGNIZED LEGAL
ENTITY. ITS MEMBERS, PARTNERS, STOCKHOLDERS.- OFFICERS,
DIRECTORS, ASSOCIATES, SUBSIDIARIES, PARENTS, MAY NOT BE
FELONS, CITIZENS OF FOREIGN COUNTRIES, OR POSSESS ANY
BUSINESS INTERESTS THAT ARE IN VIOLATION OF THE
COMMUNICATIONS ACT OF 1934, AS AMENDED; THE FCC RULES AND
REGULATIONS, THE LAWS OF THE STATE OF MARYLAND, THE CODE
OF HARFORD COUNTY, AND/ OR ALL OTHER APPLICABLE LAW.

(2)    TECHNICAL QUALIFICATIONS: ALL
APPLICANTS MUST POSSESS SUFFICIENT CATV EXPERTISE, IN THE
GRANTING AUTHORITY'S JUDGMENT, TO ENABLE THE APPLICANT TO
SUCCESSFULLY FULFILL ITS PROPOSAL, AND ALL APPLICANTS
MUST SET FORTH A TECHNICAL PROPOSAL THAT, IN THE GRANTING
AUTHORITY'S JUDGMENT WILL FUNCTION EFFECTIVELY.

(3)    FINANCIAL QUALIFICATIONS: ALL
APPLICANTS MUST DEMONSTRATE, TO THE GRANTING AUTHORITY'S
SATISFACTION, THAT THEY HAVE THE CAPABILITY OF ACQUIRING
SUFFICIENT FUNDS TO CONSTRUCT AND OPERATE THE CATV SYSTEM
ON AN ECONOMICALLY VIABLE BASIS. WHILE THE GRANTING
AUTHORITY DOES NOT INTEND TO GIVE A COMPARATIVE
PREFERENCE TO THE APPLICANT WITH THE MOST MONEY, THE
GRANTING AUTHORITY REQUIRES THAT EACH APPLICANT HAVE
SUFFICIENT FUNDS TO EFFECTUATE ITS PROPOSALS.

(C)    COMPARATIVE QUALIFICATIONS: ONCE AN APPLICANT
HAS DEMONSTRATED THAT IT POSSESSES THE REQUISITE LEGAL,
TECHNICAL AND FINANCIAL QUALIFICATIONS, IT SHALL BE
CONSIDERED, BY THE GRANTING AUTHORITY, UNDER ITS
COMPARATIVE CRITERIA TO DETERMINE WHICH OF THE APPLICANTS
IS BEST SUITED TO RECEIVE THE CATV FRANCHISE. THE
APPLICANT TO BE PREFERRED IS ONE THAT OFFERS THE
STRONGEST COMBINED SHOWING IN THE FOLLOWING CRITERIA: