[R.O. 2012 §655.040; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
No person shall build, install or operate a communications facility utilizing streets or other public property within the City without first obtaining a franchise from the City.
[R.O. 2012 §655.050; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
Any operator operating a cable communications system utilizing streets or other public property in the City without a franchise on the effective date of the Cable and Wireless Communications Code shall request issuance of a franchise from the City within ninety (90) days of the effective date of the Cable and Wireless Communications Code, subject to the renewal provisions of the Act and other applicable law.
[R.O. 2012 §655.060; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
Any operator operating a cable communications system utilizing streets or public property in the City without a franchise on the effective date of the Cable and Wireless Communications Code shall be subject to the provisions of the Cable and Wireless Communications Code.
[R.O. 2012 §655.070; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
Any operator operating a cable communications system utilizing streets or public property in the City without a franchise on the effective date of the Cable and Wireless Communications Code may continue operating for only ninety (90) days, unless a request is made of the City to issue a franchise. If an operator requests a franchise within that time, it may continue providing service during the course of good faith negotiations with the City.
[R.O. 2012 §655.080; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
A. 
Restriction. Neither a franchise nor a franchise agreement shall be, directly or indirectly, sold, assigned or transferred, either in whole or in part, or leased, sublet or licensed in any manner (each a "transfer"), without full compliance with the procedures set forth in the Cable and Wireless Communications Code or unless otherwise provided in a separate franchise agreement.
B. 
Procedure. In addition to the requirements of the Act, the following procedures shall be observed:
1. 
Request in writing. The parties to the proposed transfer shall make a written request of the City for its approval which shall include a time table for the transfer along with copies of all documents relating to the transfer (the "request").
2. 
Decision in writing. The City shall reply in writing within one hundred twenty (120) days of the request indicating whether it grants or denies its approval. Such approval shall be valid only for a transfer made pursuant to the terms and conditions set forth in the request.
3. 
Verification. Within sixty (60) days after the completion of a sale or transfer of a franchise, an operator shall submit to the franchise administrator a copy of the deed, agreement, mortgage, lease or other written instrument evidencing the sale, transfer of ownership, control or lease, certified and sworn to as correct by the operator.
C. 
Inquiry Into Qualifications. In reviewing a request for transfer of a franchise, the City may inquire into the financial, technical, legal and other relevant qualifications of the prospective transferee, and a current operator shall promptly assist the City in any and all inquiries.
D. 
Acceptance Of Franchise Terms Required. In no event shall any transfer be approved or effective unless and until the transferee executes a document accepting the terms and conditions of the applicable franchise and franchise agreement.