No transfer shall occur without prior approval of the township.
An application for a transfer shall provide complete information on the proposed transaction, including details on the legal, financial, technical and other qualifications of the transferee, and on the potential impact of the transfer on subscriber rates and service. At a minimum, the information required in § 53-12C of this chapter shall be provided with respect to the proposed transferee. Within 30 days of receiving an application for transfer, the township shall notify the franchisee of the information it requires to make the determination in § 53-57 of this chapter, and shall take action in that application within 120 days after receiving the requested information.
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; whether the incumbent operator is in compliance with its franchise agreement and this chapter and, if not, the proposed transferee's commitment to cure such noncompliance; whether the transferee owns or controls any other broadband system in the township, or whether operation by the transferee may eliminate or reduce competition in the delivery of broadband 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 chapter, the franchise agreement, or other applicable law, or make it less likely that the future cable- and telecommunications-related needs and interests of the community would be satisfied at a reasonable cost. The township reserves the right to review the purchase price of any transfer or assignment of a broadband system. Any negotiated sale value which the township deems unreasonable will not be considered in the rate base for any subsequent request for rate increases, if permitted by applicable law.
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.
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. Any amount collected in excess of the estimated amount shall be returned to the transferee.