A.
Except as may be provided in a franchise agreement, a franchise or
a franchised cable system shall not be assigned or transferred, either
in whole or in part, or leased, sublet or mortgaged in any manner,
nor shall title thereto, either legal or equitable, or any right,
interest or property therein, or control over such franchise or cable
system, pass to or vest in any person without the prior written consent
of the County. A grantee may, however, transfer or assign a franchise
to any affiliate or to a wholly owned subsidiary of the grantee (or
its parent corporation) and such subsidiary may transfer or assign
the franchise back to the grantee without such consent, provided that
such transfer or assignment is without any release of liability or
responsibility of the grantee for any purpose, including franchise
renewal. The proposed assignee must, inter alia, show financial responsibility
as determined by the County and must agree to comply with all provisions
of the franchise. The County shall have 120 days to act upon any request
for approval of such a sale or transfer submitted in writing that
contains or is accompanied by the information required by FCC regulations
and the County. The County shall be deemed to have consented to a
proposed transfer or assignment if its refusal to consent is not communicated
in writing to a grantee within 120 days following receipt of written
notice and aforementioned information, unless the requesting party
and the County agree to an extension of time.
B.
A grantee shall promptly notify the County of any actual or proposed
change in, or transfer of, or acquisition by any other party of, control
of the grantee. Every assignment or transfer of a grantee as specified
in this section shall make a franchise subject to revocation unless
and until the County shall have consented thereto, which consent will
not be unreasonably withheld. For the purpose of determining whether
it shall consent to such change, transfer or acquisition of control,
the County may inquire into the qualifications of the prospective
controlling party and such other legal, technical and financial matters
as the County deems pertinent to its approval; and a grantee shall
assist the County in such inquiry.
C.
The consent or approval of the County to any transfer of a grantee
shall not constitute a waiver or release of the rights of the County
in and to the public rights-of-way, and any transfer by its terms
shall be expressly subordinate to the terms and conditions of this
chapter and any franchise agreement.
D.
In no event shall a transfer of ownership or control be approved
without the successor in interest becoming a signatory to an applicable
franchise agreement.
A.
Neither the owner of any multiple-unit residential dwelling nor his
agent or representative shall interfere with the right of any tenant
or lawful resident thereof to receive cable service, installation
or maintenance from a grantee regulated by and lawfully operating
under a valid and existing franchise issued by the County.
B.
Neither the owner of any multiple-unit residential dwelling nor his
agent or representative shall ask, demand or receive any payment,
service or gratuity in any form as a condition for permitting or cooperating
with the installation of cable service to a dwelling unit occupied
by a tenant or resident requesting cable service.
C.
Neither the owner of any multiple-unit residential dwelling nor his
agent or representative shall penalize, charge or surcharge a tenant
or resident or forfeit or threaten to forfeit any right of such tenant
or resident, or discriminate in any way against such tenant or resident
who requests or receives cable service from a grantee operating under
a valid and existing franchise issued by the County.
D.
No person shall resell, without the express, written consent of the
County, any cable service, program or signal transmitted by a grantee
under a franchise issued by the County.
E.
Nothing in this chapter shall prohibit a person or the County from
requiring that cable system facilities conform to laws and regulations
and reasonable conditions necessary to protect the safety, functioning,
appearance and value of premises or the convenience and safety of
persons or property.
F.
Except as provided by applicable law, nothing in this chapter shall
prohibit a person from requesting a grantee to indemnify the owner,
or his agents or representatives, for damages or from liability for
damages caused by the installation, operation, maintenance or removal
of cable system facilities.
A grantee shall not oppose intervention by the County in any
suit or proceeding to which the grantee is a party in connection with
a franchise provided under this chapter.
Federal regulations pursuant to the Cable Act shall apply to
the right of acquisition by the County.
If any provision of this chapter is held by any court or by
any state or federal agency of competent jurisdiction to be invalid
as conflicting with any federal or state law, rule or regulation now
or hereinafter in effect, or is held by such court or agency to be
modified in any way in order to conform to the requirements of any
such law, rule or regulation, such provision shall be considered a
separate, distinct and independent part of this chapter, and such
holding shall not affect the validity and enforceability of all other
provisions hereof.
This chapter shall be in full force and effect immediately upon
its final passage and adoption. All prior ordinances and parts of
ordinances in conflict with this chapter are hereby repealed.
