(a) Consent required.
(1) Neither
nor any other person may transfer the
or the
without the prior written consent of
, which consent shall not be unreasonably withheld or delayed. Within 45 days of receiving a request for transfer, municipality shall, in accordance with
rules and regulations, notify company in writing of the information it requires to determine the legal, financial and technical qualifications of the transferee. If municipality has not taken action on company’s request for transfer within 120 days after receiving such request, consent to the transfer shall be deemed given.
(2) The preceding prohibition shall not apply to the replacement or sale of components of the
in the course of ordinary maintenance or day-to-day operation.
(b) Transfer or transferred. TRANSFER or TRANSFERRED shall mean:
(1) Any form of sale, conveyance, assignment, lease, sublease, merger, pledge, deed, grant, mortgage, transfer in trust, encumbrance or hypothecation, in whole or in part, whether voluntary or involuntary of any right, title or interest of
in or to this
or to the
;
(2) Any change in actual working control (by whatever manner exercised) or in the effective control of
, such as that described in 47 C.F.R. § 76.501 and following, including the notes thereto (but excluding footnote 2f), as in effect on the date of this
(as set forth in Appendix C);
(3) A change in limited partnership, limited liability corporation or similar interests representing 10% or more of an equity interest in
, including the right to require voting control without substantial additional consideration (such as compared to consideration previously provided).
(c) Applications for consent. If seeks to obtain the consent of to any transactions or matters otherwise prohibited by this § 806.11, company shall submit an application for such consent in the form required by municipality and shall thereafter submit or cause to be submitted to municipality all such documents and information as municipality may request.
(1)
shall not unreasonably withhold its consent to any proposed transfer, and may grant its consent outright, may grant such consent with conditions which it finds are in the public interest, or may deny consent.
(2)
shall pay on municipality’s behalf or reimburse
for all costs incurred by municipality due to any proposed transfer.