Except as otherwise expressly provided in this chapter, no part or element of a cable television system or any other real or personal property which is a part of said cable television system shall be sold, transferred, assigned, mortgaged, pledged, leased, sublet or otherwise encumbered for any purpose whatsoever, nor shall title thereto, either legal or equitable, or any right or interest therein pass to or vest in any party without the prior written consent of the cable television commission. Such consent of the commission shall not be unreasonably withheld.
A license issued pursuant to the provisions of this chapter shall not, either in whole or in part, be sold, transferred, assigned, mortgaged, pledged, leased, sublet, or otherwise encumbered for any purpose whatsoever; not shall title thereto, either legal or equitable, or any right or interest therein, pass to or vest in any party, nor shall there be any transfer or change of control of the license without the prior written consent of the cable television commission. Such consent of the commission shall not be unreasonably withheld.
Any such sale, transfer, assignment, mortgage, pledge, lease, sublease or other encumbrance of whatever kind or nature made in violation of the provisions of this section shall be void.
As used in this section, "transfer or change of control" shall mean the acquisition of sufficient dominance to determine the operational and financial policies of the licensee, including, but not limited to, the disposition of its assets. The word "control" as used in this section is not limited to major stockholders or financial interests, but also includes actual working control in whatever manner exercised, and includes, but is not limited to, (i) the acquisition of accumulation by any party or association of parties of ten percent (10%) or more of the voting shares or stock of the licensee or named owner of the licensee; (ii) a change in general partners of a licensee or named owner of the licensee; or (iii) a merger or consolidation of the licensee or named owner or the licensee. (Ord. 2002-028 § 6; prior code § 20.18.1700)