§ 1-10-211. Assignment, transfer, or sale of franchise.

(a)

A franchise shall be a privilege which is personal to the original franchised cable operator. There shall be no assignment, transfer, or sale of a franchised cable operator's franchise, in whole, or in part, by the franchised cable operator without the express prior written approval of the board/franchising authority. Any assignment without such express prior written approval shall constitute a material breach of the franchise and subject the franchised cable operator's franchise to possible default and/or revocation, termination, or cancellation of the franchise. Any transfer of control of a franchise shall be unlawful by sale, merger, consolidation or otherwise, without the prior consent of the county, expressed by resolution, and then only under such conditions as may therein be prescribed. Any such transfer shall be made only by an instrument in writing which shall include an acceptance of all terms and conditions of the franchise by the transferee, a duly executed copy of which shall be filed with the county within thirty (30) days after any such transfer or assignment.

(b)

The consent of the board/franchising authority shall not be granted until it has examined the proposed assignee's legal, financial, technical, character and other qualifications to construct, operate and maintain a cable television system in the county. The board/franchising authority shall afford all interested parties notice and an opportunity to be heard on the question in the manner prescribed for issuance of a franchise.

(c)

The consent of the board/franchising authority shall not be arbitrarily refused, provided that the proposed assignee possesses the requisite qualification and agrees in writing to comply with all provisions of the franchise and this article. If the board/franchising authority does not consent to, or deny, in writing the transfer within one hundred twenty (120) days, it shall be deemed approved.

(d)

Any assignment, transfer, or sale by a franchised cable operator of its franchise and the board/franchising authority's review of such assignment, transfer, or sale, shall be in accordance with the Cable Act, FCC rules, and state law.

(Ord. No. 97-023, § 1, 4-22-97)