(a) A grantee shall file written notice with the Clerk of the Board as soon as the grantee acquires knowledge of any impending transaction or other event consent to which by the Board is required by Section 11-1.1603 or 11-1.1604 of this article. 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.
(b) 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 acknowledgment of subordination to the rights of the County under the franchise documents and agreement to comply with and be bound thereby required by the provisions of said Section 11-1.1603 shall be filed with the notice.
(c) The grantee shall immediately submit such additional information concerning such a transaction as the Board or other authorized representative of the County may request.
(d) The Board shall schedule a public hearing to determine whether the consent required by the provisions of said Section 11-1.1603 or 11-1.1604 will be given. Notice of the hearing shall be given in the manner prescribed by Section 11-1.406 of Article 4 of this chapter. The hearing shall be commenced not later than sixty (60) calendar days following the filing of the notice by the grantee pursuant to this section. At the conclusion of the hearing the Board shall determine whether consent will be given.
(e) In the hearing to determine whether consent will be given, the grantee (proposed transferor) shall have the burden of proving by clear and convincing evidence each of the following factors:
(1) 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;
(2) 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;
(3) 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;
(4) That at the time of the transfer the grantee is in compliance with the terms, conditions, and requirements of the franchise documents and any rules, regulations, or determinations promulgated thereunder;
(5) That the installation of the cable television system has been completed in the manner and within the times prescribed by Section 11-1.1002 of Article 10 of this chapter. In the absence of extraordinary circumstances, a transfer shall not be approved in advance of such completion; and
(6) That the transaction would not detrimentally affect the public interest.
(f) The determination by the Board 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 by subsection (e)of this section. Such consent may be given upon such express conditions relating to such factors, including the maintenance or operation of the cable communications 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, in its sole discretion, may order.
(g) In the event the Board does not consent, and the grantee seeks a judicial review of the Board’s decision, the grantee agrees, by the 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 set forth in subsection (e)of this section. (§ 1, Ord. 961, eff. October 27, 1983, as amended by §§ 5 and 6, Ord. 965, eff. November 3, 1983)