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 § 94-12C 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 § 94-58 of this chapter and shall take action on 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 cable 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 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 chapter, 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. The Township reserves the right to review the purchase price
of any transfer or assignment of a cable 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.
