816.11  SALE OF FRANCHISES.
   (a)   Section 627 of the Cable Communications Policy Act of 1984 (CCPA) (codified as 47 USC 547) prescribes the procedures for conditions of sale in certain circumstances, including those noted in this chapter.  Consequently, the City hereby adopts the procedures of Section 627 of the CCPA as its own.
   (b)   For purposes of clarity and convenience, Section 627 of the CCPA reads substantially as follows:
      (1)   If a renewal of a franchise held by a franchisee is denied and the City acquires ownership of the cable television system or effects a transfer of ownership of the cable television system to another person, any such acquisition or transfer shall be:
         A.   At a fair market value, determined on the basis of the cable television system as a growing concern, but with no value allocated to the franchise itself; or
         B.   In the case of any franchise existing on December 29, 1984 (the effective date of the CCPA), at a price determined in accordance with the franchise if such franchise contains provisions applicable to such an acquisition or transfer.
      (2)   If a franchise held by a franchisee is revoked for cause and the City acquires ownership of the cable television system or effects a transfer of ownership of the system to another person, any such acquisition or transfer shall be:
         A.   At an equitable price; or
         B.   In the case of any franchise existing on December 29, 1984 (the effective date of the CCPA), at a price determined in accordance with the franchise if such franchise contains provisions applicable to such an acquisition or transfer.
(Ord. 2156.  Passed 8-27-87.)