5.20.260 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 manager, by Section 5.20.230 of this code, 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 operator 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 chapter, the franchise or other applicable law. The proposed transferee shall pay all reasonable costs incurred by the city in reviewing and evaluating the applications. The city may consider a resolution either approving or denying a transfer application within a reasonable period of time, or within the timeframes provided by federal law, whichever is longer. The city and the parties to the transfer may agree in writing to extend any federal timeframe.

(D) Minimum Conditions. In order to obtain approval of a transfer, an applicant must show, at a minimum, that: the transferee is financially, legally, and technically qualified; the transfer will not adversely affect the interests of subscribers, the public, or the city; and that noncompliance issues have been resolved to the satisfaction of the city. No application shall be granted unless the transferee agrees in writing that it will abide by and accept all terms of this chapter 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.