§ 10-26. Transfer of license.

(a)

A transfer is any transaction in which: (1) an ownership or other interest in a licensee or in its cable system is transferred from one (1) person or entity to another person or entity so that control of a licensee or its cable system is transferred; or (2) the rights or obligations held by a licensee under a license are transferred or assigned to another person or entity. Control for these purposes means working control, in whatever manner exercised.

(b)

No transfer shall occur without prior approval of the city. The city shall act upon any request for approval of a transfer within one hundred twenty (120) days of such request if such request contains or is accompanied by such information as is required by F.C.C. regulations and by this chapter.

(c)

An application for a transfer shall provide complete information on the proposed transaction, including details on the legal, financial, technical and other qualifications of the proposed transferee, and on the potential impact of the transfer on subscriber service. At a minimum, the information required under federal law shall be provided with respect to the proposed transfer. The city may require additional information related to its determination regarding the proposed transfer.

(d)

In making a determination as to whether to grant, deny or grant subject to conditions an application for a transfer of a license, the city shall consider the following: the legal, financial, technical and other qualifications of the proposed transferee to operate the cable system; whether a licensee is in compliance with its license and this chapter and, if not, the proposed transferee's commitment and ability to cure such noncompliance; whether operation by the proposed transferee would affect competition in the delivery of cable service in the city, including whether the proposed transferee owns or controls any other cable system in the city; and whether operation by the proposed transferee would affect subscribers or the city's interest under this chapter, the license or other applicable law.

(e)

No application for a transfer of a license shall be granted unless the proposed transferee agrees in writing that it will accept all terms of this chapter and the license, and that it will assume all obligations, liabilities and responsibility for all acts and omissions, known and unknown, of the previous licensee for all purposes, including renewal.

(f)

Approval by the city of a transfer of a license does not constitute a waiver or release of any of the rights of the city under this chapter or the license, whether arising before or after the date of the transfer.

(g)

Notwithstanding any other subsection, pledges in trust or mortgages of the assets of a cable system to secure the construction or operation of the cable system may be made without the city's prior consent; except that no such arrangement may be made which would prevent a licensee or any successor from complying with a license, this chapter and any other applicable laws and regulations.

(h)

A non-rebuttable presumption that transfer of control has occurred shall arise upon the acquisition or accumulation by any person or entity which did not previously hold such interest of more than fifty percent (50%) of the voting interest of a licensee or for an affiliate exercising management authority over a licensee. A change in a general partner, a managing partner or a managing corporation is a change of control.

(Ord. No. 2053, § 1, 12-8-98)