No transfer shall occur without prior written notice to and approval of the city council. Transfer without the prior written approval of the city shall be considered to impair the city's assurance of due performance. The granting of approval for a transfer in one instance shall not render unnecessary approval of any subsequent transfer.
(Ord. 1402 § 1(11.04.9.1), 2001)
A. 
The franchisee shall promptly notify the city of any proposed transfer involving a cable system. If any transfer should take place without prior notice to the city, the franchisee will promptly notify the city that such a transfer has occurred.
B. 
At least 120 calendar days prior to the contemplated effective date of a transfer involving a cable system, the franchisee shall submit to the city an application for approval of the transfer. Such an application 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 following information must be included in the application; provided, that a franchisee is not required to duplicate information that it submits to the city to comply with its obligations under federal or state law:
1. 
All information and forms required under federal law or the equivalent of such forms if no longer required by federal law;
2. 
All information required in FMC 11.04.050(A) and 11.04.050(E) through (J);
3. 
Any contracts or other documents that relate to the proposed transaction, and all documents, schedules, exhibits, or the like referred to therein;
4. 
Any shareholder reports or filings with the Securities and Exchange Commission ("SEC") that discuss the transaction;
5. 
Other information necessary to provide a complete and accurate understanding of the financial position of the cable system before and after the proposed transfer;
6. 
Complete information regarding any potential impact of the transfer on subscriber rates and service;
7. 
A brief summary of the proposed transferee's plans for at least the next five years regarding line extension, plant and equipment upgrades, channel capacity, expansion or elimination of services, and any other changes affecting or enhancing the performance of the cable system.
C. 
For the purposes of determining whether it shall consent to a transfer, the city or its agents may inquire into all qualifications of the prospective transferee and such other matters as the city may deem necessary to determine whether the transfer is in the public interest and should be approved, denied, or conditioned as provided under FMC 11.04.280. The franchisee and any prospective transferees shall assist the city in any such inquiry, and if they fail to do so, the request for transfer may be denied.
(Ord. 1402 § 1(11.04.9.2), 2001)
In making a determination as to whether to grant, deny, or grant subject to conditions an application for a transfer of a franchise under FMC 11.04.270, the city shall consider the legal, financial, and technical qualifications of the transferee to operate the cable system, any potential impact of the transfer on subscriber rates or services, whether the incumbent cable operator is in compliance with its franchise and this title and, if not, the proposed transferee's commitment to cure such noncompliance, whether the transferee owns or controls any other cable system in the city, and whether operation by the transferee may eliminate or reduce competition in the delivery of cable service in the city, and whether operation by the transferee or approval of the transfer would adversely affect subscribers, the public, or the city's interest under this title, the franchise, or other applicable law.
(Ord. 1402 § 1(11.04.9.3), 2001)
No application for a transfer of a franchise subject to this article shall be granted unless the transferee agrees in writing that it will abide by and accept all terms of this title and the franchise, and that it will assume the obligations, liabilities, and responsibility for all acts and omissions, known and unknown, of the previous franchisee under this title and the franchise for all purposes, including renewal, unless the city, in its sole discretion, expressly waives this requirement in whole or in part.
(Ord. 1402 § 1(11.04.9.4), 2001)
Approval by the city of a transfer of a franchise pursuant to this article does not constitute a waiver or release of any of the rights of the city under this title or a franchise, whether arising before or after the date of the transfer.
(Ord. 1402 § 1(11.04.9.5), 2001)
Notwithstanding the foregoing, a franchise may provide that transfers to affiliates of a franchisee shall be excepted from the requirements of FMC 11.04.260 and 11.04.270 where (1) the affiliate is wholly owned and managed by an entity that will guarantee the performance under a franchise, and (2) the transferee affiliate:
A. 
Notifies the city of the transfer at least 60 days before it occurs and, at that time provides the agreements and warranties required by this article, describes the nature of the transfer, and submits complete information describing who will have direct and indirect ownership and control of the cable system after the transfer;
B. 
Warrants that it has read, accepts and agrees to be bound by each and every term of the franchise and related amendment, regulations, ordinances, and resolutions then in effect;
C. 
Agrees to assume all responsibility for all liabilities, acts, and omissions known and unknown of its predecessor franchisees for all purposes, including renewal;
D. 
Agrees that the transfer shall not permit it take any position or exercise any right which could not have been exercised by its predecessor franchisees;
E. 
Warrants that the transfer will not substantially increase the financial burdens upon or substantially diminish the financial resources available to the franchisee (the warranty to be based on comparing the burdens upon and resources that will be available to the transferee compared to its predecessors), or otherwise adversely affect the ability of the franchisee to perform;
F. 
Warrants that the transfer will not in any way adversely affect the city or subscribers (including by increasing rates);
G. 
Notifies the city that the transfer is complete within five business days of the date the transfer is complete; and
H. 
Agrees that the transfer in no way affects any evaluation of its legal, financial or technical qualifications that may occur under the franchise or applicable law after the transfer, and does not directly or indirectly authorize any additional transfers.
(Ord. 1402 § 1(11.04.9.6), 2001)