(A) No franchise shall be transferred, sold, hypothecated, or assigned, nor shall any of the rights or privileges therein be transferred, sold, hypothecated or assigned, either in whole or in part, directly or indirectly, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, except grantee, without the prior consent of the city expressed by resolution of the City Council.
(B) Transfer of a franchise includes but is not limited to any transaction in which control of the franchise is transferred from one person or group of persons to another person or group of persons, or ownership or other interest in grantee or its cable system is transferred from one person or group of persons to another person or group of persons, or the rights and/or obligations held by grantee under the franchise agreement are transferred or assigned to another person or group of persons. In addition, a transfer of the franchise shall be deemed to have occurred upon the transfer on a cumulative basis of ownership or control of 20% of (1) the voting interest of grantee, or (2) the person exercising management authority over grantee.
(C) Grantee shall promptly notify the city in writing of a proposed transfer and shall file with the City Manager an application requesting approval of the proposed transfer ("Transfer Application). The transfer application shall meet the requirements of § 4.04.316 (with the transferee being the applicant), and shall provide complete information on the proposed transaction, including a copy of the bona fide offer, and details on the legal, financial technical and other qualifications of the transferee.
(D) In making a determination on whether to approve the transfer application, the City Council shall consider the legal, financial, technical and other qualifications of the transferee to operate the system, whether the incumbent cable operator is in compliance with its franchise agreement and this chapter and, if not, the candidate transferee's commitment and plan to cure such noncompliance, whether operation by the transferee would adversely affect cable services to subscribers or otherwise be contrary to the public interest, and such other criteria provided for by applicable state and federal law.
(E) A transfer application shall not be granted unless the candidate transferee agrees in writing that it will abide by and accept all terms of this chapter, the franchise agreement, and such other agreements, regulation or restrictions that pertain to the franchise, assume the obligations and liabilities of the previous grantee under the franchise, and assume such other conditions as may be prescribed by the City Council resolution.
(F) Approval by the city of a transfer application does not constitute a waiver or release of any of the rights of the city under this chapter or a franchise agreement, whether arising before or after the date of the transfer.
(Ord. 4315, passed 11-12-96)