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(a) This section establishes additional provisions that apply to applications for transfer approval.
(b) An application for transfer must contain all the information required by the cable coordinator, by Section 2.10.200 et seq., and all information required by any FCC transfer form, including Form 394.
(c) In determining whether a transfer application should be granted, denied, or granted subject to conditions, the city may consider to the extent permitted by law the legal, financial, and technical qualifications of the transferee to operate the cable system; any potential impact of the transfer on subscriber rates or services; whether the incumbent cable operator is in compliance with its franchise and, if not, whether the incumbent or the transferee furnishes adequate cure or assurance of cure; whether the transferee owns or controls any other cable communications system in the city, whether operation by the transferee may eliminate or reduce competition in the delivery of cable service in the city; and whether transfer of the system to the transferee or approval of the transfer would otherwise adversely affect subscribers, the public, or the city's interests under this chapter, the franchise, or other applicable law. The proposed transferee shall pay all actual and reasonable costs incurred by the city in reviewing and evaluating an application for a transfer.
(d) In order to obtain approval of a transfer, an applicant must show, at a minimum that: the transferee is qualified; the transfer will not adversely affect the interests of subscribers, the public, or the city; and that franchise and chapter non-compliance issues have been resolved. No application shall be granted unless the transferee agrees in writing that it will abide by and accept all terms of this chapter and the franchise, and that it will assume the obligations, liabilities, and responsibility for all acts and omissions, known and unknown, of the previous franchisee for all purposes.
(Ord. 4636 § 19, 2000)