No transfer shall occur without prior approval of the township. Such approval shall not be unreasonably withheld. The franchisee shall promptly notify the township of any proposed action concerning assignment or transfer of all or any part of the franchise. An application shall be filed in accordance with the provisions set forth in § 18-57 below.
An application for a transfer shall provide complete information on the proposed transaction, limited to the legal, financial and technical qualifications of the transferee. The information required in § 18-12C of this chapter shall be provided with respect to the proposed transferee. The application shall include a completed Federal Communications Commission Form 394 (certifying compliance with the thirty-six-month holding period) and all other information required to be filed with the Federal Communications Commission and the township pursuant to the Federal Communications Commission's regulations implementing Section 617 of the Cable Act. In addition, during the period of time when the township is making its determination, the township shall have the right to request such additional documents and information as it deems appropriate to determine the transferee's qualifications, and the franchisee shall promptly respond to such information and document requests. If the township has not obtained all of the information requested from the franchisee during the period it is making its determination or is otherwise unable to reach a decision on the application of the franchisee, the franchisee agrees that the township may have an additional sixty-day period in order to review the transfer request. The review period may be extended by any additional time period necessary for the township to review the request, upon agreement by the township and the franchisee.
The township shall have a maximum of 90 days
in order to make its determination with respect to the application
of the franchisee. In making a determination as to whether to grant,
deny or grant subject to conditions an application for a transfer
of a franchise, the township shall consider the legal, financial and
technical qualifications of the transferee to operate the system in
accordance with the Cable Act.
No application for a transfer of a franchise
shall be granted unless the transferee agrees, in writing, that it
will abide by and accept all terms of this chapter and the franchise
agreement and that it will assume the obligations and liabilities
known and unknown of the previous franchisee under this chapter and
the franchise agreement.
Approval by the township of a transfer of a
franchise does not constitute a waiver or release of any of the rights
of the township under this chapter or the franchise agreement, whether
arising before or after the date of the transfer.
