(A) A transfer of a franchise must not occur without prior approval of the city, which approval shall not be unreasonably withheld consistent with the considerations specified in division (C) below.
(B) An application to transfer a franchise must meet the requirements of § 115.19 and provide complete information on the proposed transaction, including details on the legal, character, financial, technical and other pertinent qualifications of the transferee. At minimum, the information required in § 115.19(E)(1) through (4) must be provided by the proposed transferee. The information required in § 115.19(E)(5) through (10) must also be provided whenever the proposed transferee expects material changes to occur in those areas.
(C) Final action on an application for transfer of a franchise shall be taken by the Council within 60 days after the submission of the application unless extended for good cause by the Council, such as the need for additional information. Absent such action or extension, the application shall be deemed granted on the sixty-first day following its filing. In making a determination on such an application, the Council will consider the legal, financial, technical and character qualifications of the transferee to operate the cable system and whether such a transfer would be consistent with the public interest. The approval shall not be conditioned upon modification of the franchise agreement. In addition, to the extent that effective competition exists in the city, information pertaining to the financial terms of a pending transfer shall not be relevant to the approval process.
(D) Where an application involves a pro forma transfer, the transfer application shall be considered automatically granted on the eleventh business day after its filing with the city unless the city notifies the applicant otherwise prior to that date.
(E) Approval by the city of a transfer of a franchise does not constitute a waiver or release of any of the rights of the city under this chapter or the franchise agreement.
(1989 Code, § 115.25) (Ord. 1988, passed 11-9-1992)