§ 6-26. Transfer of franchise.

(a)

No transfer of a franchise shall occur without prior approval of the county, which approval shall not be unreasonably withheld.

(b)

An application for a transfer of a franchise shall meet the requirements of section 6-9, and provide complete information on the proposed transaction, including details on the legal, financial, technical and other qualifications of the transferee, and on the potential impact of the transfer on subscriber rates and service. Except in the case of a pro forma transfer, the application shall provide, at a minimum, the information required in subsections 6-9(e)(1), (e)(5) and (e)(14) with respect to the proposed transferee. The information required in subsections 6-9(e)(6) and (e)(13) shall also be provided whenever the proposed transferee expects material changes to occur in those areas.

(c)

An application for approval of a pro forma transfer of a franchise shall be considered granted on the sixty-first (61 ^st ) calendar day following the filing of such application with the county unless, prior to that date, the county notifies the franchisee to the contrary. An application for approval of a pro forma transfer of a franchise shall clearly identify the application as such, describe the proposed transaction, and explain why the applicant believes the transfer is pro forma. Unless otherwise requested by the county within thirty (30) calendar days of the filing of an application for a pro forma transfer, the applicant shall be required to provide only the information required in subsections 6-9(e)(1), (e)(3) and (e)(14) with respect to the proposed transferee.

(d)

In making a determination on whether to grant an application for a transfer of a franchise, the board shall consider the legal, financial, technical and other qualifications of the transferee to operate the system; whether the incumbent franchisee is in compliance with this chapter and its franchise agreement, and, if not, the proposed transferee's commitment to cure such noncompliance; and whether operation by the transferee would adversely affect cable services to subscribers, or otherwise be contrary to the public interest.

(e)

No application for a transfer of a franchise shall be granted unless the transferee agrees in writing that it will abide by and accept all terms and provisions of this chapter and the franchise agreement and that it will assume the obligations and liabilities of the previous franchisee under this chapter and the franchise agreement.

(f)

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

(g)

The fee for consideration of a transfer proposal is set forth at section 12-09(i).

(Ord. No. 01-36, § 1, 10-1-01)