A. Transfers generally.
1. No franchise agreement or franchise may be transferred without the consent of the corporate authorities of the Village. No change in control of a licensee, defined as an acquisition of twenty (20) percent or greater ownership interest in the licensee, shall take place without the prior written consent of the Village.
2. A licensee, and any proposed transferee of the franchise, shall submit a written application to the Village containing or accompanied by such information as is required in accordance with applicable law and FCC regulations, specifically the provision of an FCC Form 394 or its successor, and in compliance with the processes established for transfers under the FCC's rules and regulations, namely Section 617 of the Cable Act, 47 U.S.C. § 537. Within thirty (30) days of receiving a request for consent, the Village shall, in accordance with FCC rules and regulations, notify the licensee in writing of the additional information, if any, it requires to determine the legal, financial and technical qualifications of the transferee or new controlling party. If the Village has not taken action on the licensee's request for consent within one hundred twenty (120) days after receiving such request, consent shall be deemed given.
3. Notwithstanding the foregoing, a licensee may transfer ownership or control of the franchise or the system to an entity controlling, controlled by, or under common control with the licensee, where such transfer does not result in a change in the ultimate controlling entity of the franchise or the system; provided, the licensee shall give the Village at least thirty (30) days prior written notice of any such transfer.
4. Upon the effective date of any transfer or change in control, a licensee shall be responsible for any violation of the franchise agreement or applicable law existing as of the date of the transfer or change in control.
5. As a condition to the granting of any required consent, the transferee shall make the same representations and warranties to the Village that the licensee made in its franchise agreement. The Village may require the transferee to execute an agreement that it assumes and agrees to be bound by the provisions of the franchise agreement.
6. The transfer of an agreement or a franchise or a change in control without prior Village consent shall be deemed a material breach of the franchise agreement.
(MC-10-2007, Added, 07/10/2007)