(a) A franchise under this article shall be nonexclusive and shall be for a term as specified in the franchise not to exceed 15 years.
(b) (1) Except as provided in this article, no transfer of control of the CATV system shall take place, whether by forced or voluntary sale, lease, mortgage, assignment, encumbrance or any other form of disposition, without prior notice to and approval by the county board which shall not be unreasonably refused. The notice shall include full identifying particulars of the proposed transaction, and the board of commissioners shall either approve or disapprove such transfer by resolution, within 120 days of the receipt of the notice.
(2) The consent or approval of the board of commissioners to any assignment, lease, transfer, sublease, or mortgage of the grantee shall not constitute a waiver or release of the rights of the county in and to the streets.
(3) For the purpose of this section the term "control" is not limited to majority stock ownership, but includes actual working control in whatever manner exercised.
(4) A rebuttable presumption that a transfer of control has occurred shall arise upon the acquisition or accumulation by any person or group of persons of ten percent of the voting shares of any corporate grantee.
(5) In the absence of the extraordinary circumstances, the board of commissioners will not approve any transfer or assignment of the grantee before completion of the construction of the energized cable.
(6) Notwithstanding anything in this section to the contrary, a franchisee may hypothecate or pledge its interest in this franchise for the purpose of obtaining financing, the proceeds of which shall be utilized in the construction, maintenance and operation of a cable television system authorized under the terms of this article. Any change in ownership or control of the system resulting from such pledge or hypothecation shall not become absolute without:
a. The approval of the county.
b. Any new grantee filing with the county its written acceptance of this article, the franchise and all the conditions thereto. Such acceptance shall be filed within 60 days following the date of such change.
(c) The board of commissioners may terminate the franchise prior to the date of expiration upon a finding, made after 30 days' notice of any proposed termination and public hearing that:
(1) The grantee has failed to comply in some material respect with any of the provisions of this article, or has, by any act or omission, violated in some material respect any term or condition of any franchise or permit issued under this article.
(2) The grantee made a material, false statement in the application for the franchise, knowing it to be false.
(3) The grantee, contrary to the best interest of public convenience and welfare, is not providing subscribers with regular, adequate and proper service.
(4) The grantee agrees that any unresolved complaint by a subscriber or would be subscriber in the areas covered in this section shall be referred to the county manager and, if such unresolved complaint is not reasonably resolved, the complaint shall be forwarded to the board of commissioners, and that any willful failure and refusal to take the necessary steps to resolve the complaint shall enable the board of commissioners to terminate this franchise and cause service to be terminated or other appropriate action to be taken by the board of commissioners.
(d) If the use of any tangible part of the CATV system is discontinued for any reason for a continuous period of 365 days, or the franchise has been terminated, cancelled or has expired, the grantee shall promptly remove from the streets or public places all such property of the system, other than that which the board of commissioners may permit to be abandoned in place, and as directed by the board of commissioners shall either restore the street or pay the county for restoring the street or other area from which such property has been removed to a condition for public use as good as the abutting portions thereof. Any property remaining in place 60 days after the termination or expiration of the franchise shall be considered permanently abandoned.
(e) Renewal discretion. Unless otherwise provided by federal law, but no later than 18 months prior to the end of the franchise, application is to be made by the grantee for renewal. The board of commissioners may take into account quality of service, customer complaints, degree to which the grantee has extended service, and condition of CATV plant and equipment as well as other factors required of new applications.
(Ord. of 10-5-1981, § 12.6; Ord. of 4-3-1995, § 12.6)