4.20.132.5.1. As a condition of the city's consent, the proposed transferee must agree to comply with all provisions of the ordinance codified in this title and the franchise agreement, and must show the financial, legal, technical and character qualifications to do so. The proposed transferee or franchisee, as determined between themselves, will bear the cost of independent evaluation of these qualifications.
4.20.132.5.3. A proposed assignee or transferee must demonstrate that it possesses the legal, financial and technical qualifications necessary to perform all the terms, conditions and obligations under the franchise agreement for the remaining term thereof, and such reasonable additional obligations required of the assignee or transferee by the city for the specific and limited purpose of assuring the performance by assignee or transferee of all the terms, conditions and obligations of the franchise agreement, and in this connection, a proposed assignee or transferee must provide information regarding legal, technical, financial, character, and customer service.
4.20.132.5.4. Legal Qualifications. The application shall identify the proposed assignee or transferee and, if the proposed assignee or transferee is not a natural person, each of its officers, directors or shareholders owning or beneficially holding five percent or more of its outstanding voting shares, general partners and limited partners holding an equity interest in the proposed assignee or transferee of five percent or more, and the respective percentage share of each such identified officer, director, shareholder or general or limited partner. The proposed assignee or transferee shall disclose any pending administrative, legal, equitable or dispute resolution proceeding and any adverse finding made or adverse final action taken during the past three years by, any court, administrative body or arbitrator with respect to the proposed assignee, transferee or officers, directors, or other persons having a legal or equitable interest in five percent or more of the voting stock of such transferee or assignee in a civil, criminal, administrative or equitable proceeding brought under the provisions of any law or regulation related to the following: any felony, revocation, suspension or involuntary transfer of any authorization (including cable or cable service provider franchises) to provide video programming or other communications services; antitrust or unfair competition; fraudulent statements to a governmental unit; material breach of the franchise agreement pursuant to a finding of default under the franchise agreement including, but not limited to, a material failure to provide PEG access channels, facilities or equipment; or final rate regulation proceeding in which the proposed rate was not sustained.
4.20.132.5.5. Financial Qualifications. The proposed assignee or transferee must demonstrate that it has sufficient net liquid assets on hand or available from committed resources to consummate the transaction and any proposed upgrade or rebuild, construction or reconstruction of the cable system and operate the franchisee's cable system for six months. The application for transfer shall include recent financial statements, including audited financial statements if available, of the proposed assignee or transferee prepared in accordance with generally accepted accounting principles, including balance sheets, income and expense statements, capital expenditure statements and accompanying notes for the past three years. Such statements, if not otherwise publicly available, may be designated as confidential and shall be maintained as such by the city to the extent permissible by law.
4.20.132.5.6.3. A list of any material violations of the technical rules of the FCC or of federal, state or local governments, including but not limited to violations of rules or regulations regarding signal quality, safety and construction cited during the past three years by any franchising authority or by local, state or federal governments involving currently or formerly owned or operated cable systems; and
4.20.132.5.6.4. Any and all technical or safety reports, summaries, or inspections involving currently or formerly owned or operated cable or cable systems issued or written by any person within the past three years. The narrative report shall also include as an exhibit copies of any and all inspection or other reports, whether published, public, or in draft form for any above listed system; without regard to the source or authorship of said reports.