A franchisee shall file written notice with the clerk of the board of directors of the cable television commission as soon as it acquires knowledge of any impending transaction or other event consent to which by the board is required by Sections 5.28.1740 or 5.28.1750 of this chapter. The written notice shall be filed not less than ninety (90) calendar days in advance of the proposed effective date of the transaction or event for which consent is required.
The notice shall state the name or names and address or addresses of the party or parties who are interested in the transaction or event and describe the details of the transaction or event. In the event of a voluntary assignment, transfer, lease, sublease, mortgage or other encumbrance, a copy of the executed or proposed agreement shall be filed with the notice. Any written acknowledgement of subordination to the rights of the county, cities and commission under the franchise documents and agreement to comply with and be bound thereby required by the provisions of Section 5.28.1740 of this chapter, shall be filed with the notice.
The franchisee shall immediately submit such additional information concerning such a transaction as the board of directors or other authorized representative of the commission may request.
The board of directors of the commission shall schedule a public hearing to determine whether consent required by the provisions of Sections 5.28.1740 or 5.28.1750 of this chapter, will be given. Notice of the hearing shall be given in the manner prescribed by Section 5.28.080 of this chapter. The hearing shall be commenced not later than sixty (60) calendar days following filing of the notice of the franchisee pursuant to this section. At the conclusion of the hearing the board shall determine whether consent will be given.
In the hearing to determine whether consent will be given the franchisee (proposed transferor) shall have the burden of proving by clear and convincing evidence each of the following factors:
A. That the reputation, responsibility, integrity and reliability of the party or parties to whom the transfer is contemplated, and of the directors, officers, employees, and agents thereof is equal to that of the parties obligated under the franchise documents;
B. That the financial capability and capacity of the party or parties to whom the transfer is contemplated is equal to that of the parties obligated under the franchise documents;
C. That the terms, conditions or other circumstances of the transfer are not likely to result in an increase in the rates or charges for services;
D. That at the time of the transfer the franchisee is in compliance with the terms, conditions and requirements of the franchise documents and any rules, regulations or determinations promulgated thereunder;
E. That installation of the cable television system has been completed in the manner and within the times prescribed by Section 5.28.950 of this chapter. (In the absence of extraordinary circumstances, a transfer shall not be approved in advance of such completion); and
F. That the transactions would not detrimentally affect the public interest.
The determination by the board of directors as to whether to give such consent shall be vested within the sole discretion of the board, but shall be based exclusively upon the factors prescribed above. Such consent may be given upon maintenance or operation of the cable television system, services to be provided, rates and charges for services, management of the franchise business and other requirements relating to the franchise, as the board of directors, in its sole discretion, may order.
In the event the board does not consent and the franchisee seeks judicial review of the board's decision, the franchisee agrees, by filing of the certificate of acceptance, that the decision of the board shall be upheld by a trial or appellate court if there is any substantial evidence supporting the decision of the board as to any of the prescribed factors above. (Prior code § 20.09.758)