[R.O. 1991 § 615.060; Ord. No. 1607 § 5, 3-21-1995]
No person shall operate a cable communications
system or provide any cable service within the City without obtaining
a franchise from the City. Notwithstanding the foregoing, if there
is an area within the City which is unserved by an operator and that
area does not meet the density requirement contained in this Chapter,
the developer may request permission from the City to construct a
system to serve such area, so long as the system will pass fewer than
one hundred (100) residential dwelling units. The City shall not grant
such permission without first notifying any other operator authorized
to provide service to all portions of the City. If that operator will
not extend service to the area proposed by the developer within a
reasonable time, the City may authorize the developer to proceed with
construction, but the developer shall not be required to comply with
the terms and conditions of this Chapter, though it shall be subject
to all other applicable laws, including, but not limited to, FCC regulations
governing the construction, operation and maintenance of a system.
Should the developer expand its system so that it passes more than
one hundred (100) residential dwelling units, it shall automatically
and without further action by the City be subject to all the terms
and conditions of this Chapter.
[R.O. 1991 § 615.070; Ord. No. 1607 § 6, 3-21-1995]
A.
Restriction. A franchise shall not be sold,
assigned or transferred, either in whole or in part, or leased or
sublet in any manner, nor shall title thereto, either legal or equitable,
or any right, interest or property therein, pass to or vest in any
person without full compliance with the procedures set forth in this
Chapter or unless otherwise provided in a separate franchise agreement.
B.
Procedure. In addition to the requirements
of the Act, the following procedure shall be observed:
1.
Request In Writing. The parties to
the proposed sale or transfer of a franchise shall make a written
request of the City for its approval.
2.
Decision In Writing. The City shall
reply in writing within one hundred twenty (120) days of the request
indicating whether it grants or denies its approval; such approval
shall not be unreasonably withheld.
3.
Verification. An operator, upon sale
or transfer, shall within sixty (60) days after the sale or transfer
submit to the Franchise Administrator a copy of the deed, agreement,
mortgage, lease or other written instrument evidencing such sale,
transfer of ownership, control or lease, certified and sworn to as
correct by the operator.
C.
Inquiry Into Qualifications. In reviewing
a request for sale or transfer, the City may inquire into the financial,
technical, legal or other relevant qualifications of the prospective
controlling party, and a current operator shall assist the City in
any inquiry.
D.
Acceptance Of Franchise Terms Required.
In no event shall any transfer or assignment of ownership or control
be approved or effective without the transferee executing a document
accepting the terms and conditions of the applicable franchise.
