At the expiration of the present and all subsequent
renewal terms for which a franchise is granted, or upon its revocation,
as provided for herein, the franchisee shall have the right to remove,
at its expense, all or any portion of the cable system from all streets
and public rights-of-way within its franchise area. In doing so, the
franchisee shall return all disturbed areas to their condition existing
prior to franchisee's installation of its cable system, including
but not limited to necessary refilling and compacting all disturbed
areas. All such work shall be done at the franchisee's sole cost and
expense and shall be subject to inspection and approval by the township,
whose inspection fees shall be paid by the franchisee.
A.
Transfer. A franchise granted under this ordinance
shall not be sold, assigned or transferred, either in whole or in
part, or leased or sublet in any manner, nor shall title hereto, 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 section and the expressed approval of the Board.
(1)
Parties to the sale or transfer shall make written
request to the township for the approval of a sale or transfer. An
application for a transfer shall provide complete information on the
proposed transaction, including details of the legal, financial, technical
and other qualifications of the transferee.
(2)
The township shall reply in writing within 60 days
of the application and shall indicate approval of the application
or its determination that a public hearing is necessary due to potential
adverse effect on the franchisee's subscribers.
(3)
If a public hearing is deemed necessary, it shall
commence within 60 days of such determination pursuant to public notice
setting forth the purpose of the hearing. Written notice shall be
given to the applicant and to any person who has registered his name
and address with the township requesting to be given notice of any
such proceedings.
(4)
Within 45 days after the close of the record following
the conclusion of the public hearing(s), the township shall issue
its determination.
B.
Determination by township. 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 cable system; whether the incumbent cable operator is in compliance
with its franchise agreement and this ordinance and, if not, the proposed
transferee's commitment to cure such noncompliance; whether the transferee
owns or controls any other cable system in the township, or whether
operation by the transferee may eliminate or reduce competition in
the delivery of cable service in the township; and whether operation
by the transferee or approval of the transfer would adversely affect
subscribers, the township's interest under this ordinance, the franchise
agreement, or other applicable law, or make it less likely that the
future cable-related needs and interests of the community would be
satisfied at a reasonable cost.
C.
Transferee's agreement. 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 ordinance and the
franchise agreement, and that it will assume the obligations and liabilities
known and unknown of the previous franchisee under this ordinance
and the franchise agreement.
D.
Approval does not constitute waiver. 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 ordinance
or the franchise agreement, whether arising before or after the date
of the transfer.
E.
Processing fee. As a condition of considering a transfer,
the township may impose a fee upon the transferee to cover its estimated
out-of-pocket expenses in considering the application for transfer
of a franchise, provided that such fee does not exceed $1,000. Any
amount collected in excess of the estimated amount shall be returned
to the transferee.
F.
Filing of transfer document. Within 30 days of any
transfer, franchisee shall file with the township a copy of the deed,
agreement, mortgage, lease or other written instruments evidencing
such sale, transfer of ownership or control, or lease, certifying
and sworn to be correct by the franchisee.
