12.34.642 Assignments or Transfers of Grant of Telecommunications or Cable Franchise.
Ownership or control of a Telecommunication or Cable Television System or franchise or any part of transmission capacity may not directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation, or other act of the Grantee, by operation of law or otherwise, nor may there be a transfer of working control (which includes not only actual control, but also the ability to affect or influence decisions) without the prior written consent of the County, which consent shall not be unreasonably withheld or delayed, as expressed by ordinance and then on such conditions as may be prescribed therein and:
A. No grant shall be assigned or transferred in any manner within 12 months after the initial grant of the franchise, unless otherwise provided by law.
B. Absent extraordinary and unforeseeable circumstances, no grant, system or integral part of a system shall be assigned or transferred before construction of the Cable Television System has been completed, unless otherwise provided by law.
C. The Grantee and the proposed assignee or transferee of the grant or system shall provide and certify the following information to the County Executive or designee.
1. Information setting forth the nature, terms and conditions of the proposed transfer or assignment;
2. All information required of a franchise applicant pursuant to this Chapter with respect to the proposed transferee or assignee;
3. All information required by federal, state and local law or regulation. [For Example, Federal Communication Commission Form 394];
4. Any other information reasonably required by the County Executive or designee. If the County requests a copy of the deed, agreement, or other written instrument from the Grantee evidencing such sale, merger, consolidation, or other instrument evidencing transfer of actual or working control, such document may be redacted to delete monetary compensation terms. However, this provision does not limit or waive the County's authority to require disclosure of monetary compensation terms or other financial information from the transferee or assignee prior to County consent in order to evaluate its financial condition and ability to meet its compliance obligations under this Chapter and any franchise agreement.
D. No transfer shall be approved unless the assignee or transferee has the legal, technical, financial, and other qualifications in County's reasonable discretion to own, hold and operate the Cable Television System pursuant to this Chapter.
E. The Grantee shall reimburse the County for all direct and indirect fees, costs and expenses incurred by the County in considering a request to transfer ownership in or assign a franchise.
F. Any transfer of ownership in or assignment of a franchise, system or integral part of a system without prior approval of the County under this Chapter shall be void and is cause for revocation of the grant.
G. Upon receipt of all information required herein, and any other information required by the County, the County shall have 120 days to review and approve or deny the requested assignment or transfer, unless such period is extended by agreement of the County and Grantee.