1. Except as provided in Code of Iowa § 477A.3(4), for entities transferring a State-issued certificate of franchise authority or when prohibited by law; under this chapter, a registrant shall not transfer its equipment located in the right-of-way or its business to any other person without giving the Building Inspector 60 days’ prior written notice of such proposed transfer and without obtaining the prior consent of the City to such transfer. In such notice, the registrant shall clearly identify the proposed transferee, giving the name and address of a representative of the transferee who is authorized to discuss and provide information to the City regarding the transfer. As a condition of such consent, the proposed transferee shall be required to register and to indicate its proposed use of public right-of-way as provided in Section 141.04 of this chapter. The City may refuse consent to a proposed transfer if it determines that the proposed transferee lacks the expertise, experience, financial resources or sufficient personnel required to maintain the registered equipment and/or the right-of-way associated therewith or if the proposed transferee’s right to use or occupy the City right-of-way has previously been revoked, cancelled, or terminated or if such right is then under suspension or if the proposed transferee is then in default of any of its obligations under this chapter. The transferee of a registrant’s equipment or business or license shall not be entitled to enter upon public rights-of-way for the purpose of operating or maintaining the equipment registered under this chapter unless and until it completes the formal transfer of such equipment or business, and obtains the City’s consent to such transfer. Notwithstanding the foregoing, no transfer of a registrant’s business shall be deemed to have occurred for purposes of this subsection when a registrant is a publicly held entity whose stock is traded on recognized stock exchanges, and where transfer of ownership of the business has effectively occurred due to stock sales or trading in the open market. However, if a merger, consolidation, transfer, or disposal of substantially all of such a registrant’s assets occurs, the City shall, upon written notice to the registrant, have the right, in its sole discretion and without cause or further showing, to order the registrant to cease its use and occupancy of the right-of-way. Upon notice to the City by such a registrant of such merger, consolidation, transfer, or disposal of assets, the City shall have six months within which to order the registrant to cease its use and occupancy of the right-of-way.
2. A registrant shall not change the use of its equipment in a manner which would alter or impact the right-of-way or the equipment of other registrants in the right-of-way without giving the City 90 days’ prior written notice of such proposed change in use and without obtaining the prior written consent of the Building Inspector to such change in use. In such notice, the registrant shall clearly and completely set forth the proposed change in use of equipment, how it would be accomplished, including any excavations required to accomplish such change, and projections as to the future maintenance implications of such change in use. In such notice, the registrant shall also provide the name and address of a representative of the registrant who is authorized to discuss and provide information to the City regarding such change in use of equipment. The Building Inspector’s consent to such change in use may be withheld if he or she determines that the proposed use of the equipment at that location would be incompatible with or would likely damage or endanger other uses of the right-of-way, would involve a higher level of maintenance activities than the present use, would involve more street excavation or greater traffic disruption than the present use, or would be otherwise inappropriate.