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of this provision to require that an applicant prove that the services it proposes to <br /> offer will succeed in the marketplace, <br /> <br /> 2,4 Proof that the applicant is technically qualified to construct, operate and <br /> repair the proposed facility, At a minimum, the applicant must show that it has <br /> the experience or resources to ensure that work will be performed adequately, <br /> and that it can respond to emergencies during and after construction is complete, <br /> <br /> 2,5 Proof that the applicant is legally qualified, which proof must include a <br /> demonstration that the applicant: <br /> <br /> 2,5,1 Has received, or is in a position to receive authorizations from state <br /> and federal authorities necessary to conduct the activities that will require <br /> use of the public right of way; <br /> <br /> 2,5,2 Has not engaged in conduct (fraud, racketeering, violation of <br /> antitrust laws, consumer protection laws, or similar laws)that allows City <br /> to conclude the applicant cannot be relied upon to comply with <br /> requirements of the license or provisions of these Rules or the Eugene <br /> Code, 1971; <br /> <br /> 2,5,3 Is willing to secure a license, to pay required compensation and to <br /> abide by the provisions of applicable law relating to the construction, <br /> operation or maintenance of its facilities; and has not entered into any <br /> agreement that would prevent it from doing ,so; <br /> <br /> 2,6 An affidavit or declaration of the applicant or authorized officer thereof <br /> certifying the truth and accuracy of the information in the application, <br /> <br /> 3, To the extent that the applicant is in any respect relying on the financial or <br />technical resources of another person, including another affiliate, the proofs required in <br />sections 2,3 through 2,5 above shall be provided for that person, An applicant will be <br />presumed to have the requisite financial, or technical or legal qualifications to the extent <br />such qualifications have been reviewed and approved by a state agency of competent <br />jurisdiction; or if the applicant holds a franchise or license in the.City for a cable system, <br />telecommunications facility, or open video system, and its conduct under such other <br />franchise or license provides no basis for additional investigation, An applicant.that is <br />leasing existing facilities from a licensed communications facility operator, where the <br />applicant will have no responsibility for any activity that involves work in the rights-of- <br />way, may rely upon the licensee's technical qualifications, and will be presumed to have <br />the necessary financial qualifications, <br /> <br /> 4, An application for a transfer cfa license must contain the same <br />information required by Section 2 above, except that, if the transferor submitted an <br />application under Section 2, to the extent information provided by the transferor under <br /> <br />Administrative Order- Page 4 <br />C:~Documents and Settings/cedppcb~Local Settings/Temporary Internet Files/OLK84/05 Telecom Rules. 2 ao (00113874),DOC <br /> <br /> <br />