Chapter 5.18 CABLE SYSTEMS AND OPEN VIDEO SYSTEMS
Section 5.18.250 Application for transfer.
A. Scope. This section establishes
additional provisions that apply to applications for
transfer approval.
B. Information. An application for
transfer must contain all the information required by the
city administrator, by Section 2.1, and all information required by any FCC transfer form.
C. Consideration of Application. In
determining whether a transfer application should be
granted, denied, or granted subject to conditions, the city may consider the legal, financial, and
technical qualifications of the transferee to operate the cable system; any potential impact of the
transfer on subscriber rates or services; whether the incumbent is in compliance with its
franchise; whether the transferee owns or controls any other cable system in the city, whether
operation by the transferee may eliminate or reduce competition in the delivery of cable service
in the city; and whether operation by the transferee or approval of the transfer would otherwise
adversely affect subscribers, the public, or the city s interest under this article, the franchise,
or
other applicable law. The proposed transferee shall pay all reasonable costs incurred by the city
in reviewing and evaluating the applications.
D. Minimum Conditions. In order to
obtain approval of a transfer, an applicant must show, at
a minimum that: the transferee is qualified; the transfer will not adversely affect the interests of
subscribers, the public, or the city; and that noncompliance issues have been resolved. No
application shall be granted unless the transferee agrees in writing that it will abide by and accept
all terms of this title and the franchise, and that it will assume the obligations, liabilities, and
responsibility for all acts and omissions, known and unknown, of the previous franchisee for all
purposes. (Ord. 645 § 1 (part), 2004)