§ 78-304. Transfers.

(a)

No transfer, sale or assignment of any interest in a franchise shall occur without prior city approval, which shall not be unreasonably withheld.

(b)

An application for a transfer, sale or assignment of any interest of a franchise shall meet the requirements of section 78-288 hereof, and provide complete information on the proposed transaction, including, but not limited to, details on the legal, financial, technical and other material and lawful qualifications of the transferee, and on the potential impact of the transfer on subscriber rates and service. Except in the case of a pro forma transfer as defined herein, the application shall provide, at a minimum, the information required in section 78-288 or such other information as is specified in a franchise agreement in lieu of the information required in section 78-288. Upon written request, the applicant shall provide to the city as additional information any and all written information, other than the information required to be provided by this article and the franchise agreement, that has been provided to Palm Beach County in connection with the transfer if such information is relevant to the city. The city hereby reserves the right to request such additional information as it may reasonably require to consider the application, however, such requests shall not have the effect of tolling the 120-day automatic approval period provided by federal law. However, nothing herein shall be deemed a waiver of the city's right to deny approval of a transfer within the 120-day period.

(c)

The application process shall not include any pro forma transfers, as defined herein, that are related solely to any restructuring, recapitalization or refinancing which does not change the effective control of the franchisee or to any mortgages and pledges of franchisee's securities, but shall require proper notice to the city pursuant to the terms of the article or the franchise agreement.

(d)

In making a determination on whether to grant an application for a transfer of a franchise, the city commission shall consider the legal, financial, technical and other lawful and material qualifications of the transferee to operate the cable system; whether the incumbent cable operator is in substantial compliance with the material terms of its franchise agreement and this article and, if not, the proposed commitment of the transferee to cure such noncompliance; and whether operation by the transferee would adversely affect cable services to subscribers. The city commission shall not unreasonably withhold approval to any such transfer.

(e)

No franchise transfer application shall be granted unless the transferee, if the franchise holder, agrees in writing to abide by and accept all terms of this article and a franchise agreement, and to assume all obligations and liabilities of the previous franchisee, whether known or unknown. If such transferee will not be the holder of the franchise, such transferee will sign an acknowledgement ensuring compliance by the franchisee with the franchise agreement and this article. The city shall certify to franchisee, upon request, all issues of franchisee's performance that are known and pending.

(f)

Subject to applicable law, approval by the city of a transfer of a franchise does not constitute a waiver or release of any of the rights of the city under this article or the franchise agreement, whether arising before or after the date of the transfer.

(g)

Pursuant to the procedures set forth in section 78-305, failure to obtain the consent of the city with respect to this section 78-304 may result in the imposition of liquidated damages in the amount of $1,500.00 per day for failure to receive such consent of the city for a transfer or change of control; provided, however, that no such liquidated damages shall be owed if the city's denial of consent is unlawful or unreasonable.

(Ord. No. 3806-04, § I, 10-25-2004)