§ 6.5-235. Assignment, transfer or sale.

(a)

There shall be no sale or change in the ownership of the system, the franchisee or any parent of the franchisee, nor any assignment of a service provider's or system owner's or operator's franchise, in whole or in part, nor shall there be any change in the legal or financial control of the service provider or system owner or operator, or of any parent or controlling entity, or where any change results in a change in control of the system or the franchisee or the facilities used to provide service, whether such change in control is direct or indirect, de juri or de facto, without the prior express written approval and consent of the city council. Nor shall there by any change in control or ownership of the system's facilities without the prior express written approval and consent of the city council. A merger at any level, including a transaction involving only stock, shall be deemed a change of control and the city council's written approval must be obtained. Control and change in control shall have the meanings set forth in section 6.5-155 of this article.

(b)

A service provider or system owner or operator classified as a cable operator shall have its franchise assigned, transferred or sold only in accordance with the Cable Act of 1984 as amended, and applicable FCC rules and state law, rules and regulations.

(c)

Any transfer, assignment or change in control shall be approved only if the proposed transferee or controlling entity can and will meet all obligations contained in the existing franchise, unless separate and express relief is granted as part of the request and approval process.

(d)

No franchise approval of request for transfer or change in control shall occur with outstanding, uncured violations of this article or breaches of the franchise, and until all money that may be owed the city has been paid in full. In the event the city council, at its sole discretion, elects to approve a request for change in ownership or control contingent upon the transferee or assignee accepting responsibility for outstanding or uncured violations of this article or breaches if the franchise, the council may require the assignee or transferee to post sufficient security to assure that the violations and/or breaches are remedied and cured as required.

(e)

Mergers or consolidations at any level that affect control of the franchisee or the system, whether such control is direct or indirect, shall require the consent of the city council pursuant to subsection (a) of this section.

(f)

Any assignment, change in control or sale as set forth in this section that occurs without the prior written consent of the city council shall constitute a violation of this article and a default of the franchise, and may, at the discretion and in the judgment of the city council, subject the franchise to revocation and other sanctions or penalties as permitted under law.

(Ord. No. A-177, § 85, 3-13-2000)