(a) Borough Approval Required. No transfer shall occur without prior approval of the Borough.
(b) Application. An application for a transfer shall provide complete information on the proposed transaction, including details on the legal, financial, technical, and other qualifications of the transferee, and on the potential impact of the transfer on subscriber rates and service. At a minimum, the information required in division 824.05(b)(2) of this chapter shall be provided with respect to the proposed transferee.
(c) Determination by Borough. In making a determination as to whether to grant, deny, or grant subject to conditions an application for a transfer of a franchise, (which determination the Borough shall make in accordance with Section 617 of the Cable Act, 47 USC 537) the Borough shall consider the legal, financial, and technical qualifications of the transferee to operate the system; whether the incumbent cable operator is in compliance with its franchise agreement and this chapter and, if not, the proposed transferee's commitment to cure such noncompliance; whether the transferee owns or controls any other cable system in the Borough, or whether operation by the transferee may eliminate or reduce competition in the delivery of cable service in the Borough; and whether operation by the transferee or approval of the transfer would adversely affect subscribers, the Borough's interest under this chapter, the franchise agreement, or other applicable law, or make it less likely that the future cable-related needs and interests of the community would be satisfied at a reasonable cost. The Borough reserves the right to review the purchase price of any transfer or assignment of a cable system. Any negotiated sale value which the Borough deems unreasonable will not be considered in the rate base for any subsequent request for rate increases, if permitted by applicable law.
(d) Transferee's Agreement. No application for a transfer of a franchise shall be granted unless the transferee agrees in writing that it will abide by and accept all terms of this chapter and the franchise agreement, and that it will assume the obligations and liabilities known and unknown of the previous franchisee under this chapter and the franchise agreement.
(e) Approval Does Not Constitute Waiver. Subject to applicable statutes of limitations, approval by the Borough of a transfer of a franchise does not constitute a waiver or release of any of the rights of the Borough under this chapter or the franchise agreement, pertaining to a franchisee's operation of a cable system under this chapter or a franchise agreement and before the date of the transfer.
(Ord. 920. Passed 7-14-97; Ord. 938. Passed 7-12-99.)