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Within the time periods established by state and/or federal law, as applicable, after receiving a complete application hereunder, the city council shall grant or deny a franchise application. If the city council denies a franchise, such denial must be based on one of the following:

A. The financial and technical ability of the applicant;

B. The legal ability of the applicant to provide the telecommunications service;

C. The capacity of the rights-of-way to accommodate the applicant’s facilities;

D. The capacity of the rights-of-way to accommodate additional utility and telecommunications facilities if the application is granted;

E. The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the application is granted, giving consideration to an applicant’s willingness and ability to mitigate and/or repair same;

F. The public interest in minimizing the cost and disruption of construction with the rights-of­ way;

G. The service that the applicant will provide to the region;

H. The effect, if any, on general public health, safety, and welfare in city’s sole opinion if the application is granted;

I. Applicable federal, state and local laws, regulations, rules and policies;

J. Such other factors as may demonstrate that the grant to use the rights-of-way will not serve the community interest. (Ord. 1188-21 § 2 (Exh. A), 2021).