Sec. 5A-115. Transfers

A franchise granted under this Subtitle shall be a privilege to be held in personal trust by the franchisee.

No transfer of a franchise, franchisee, or cable system, or of control over the same (including, but not limited to, transfer by forced or voluntary sale, merger, consolidation, receivership, or any other means) shall occur unless prior application is made by the franchisee to the County and the County's prior written consent is obtained, pursuant to this Subtitle and the franchise agreement, and only then upon such terms and conditions as the County deems necessary and proper. Any such transfer without the prior written consent of the County shall be considered to impair the County's assurance of due performance. The granting of approval for a transfer in one instance shall not render unnecessary approval of any subsequent transfer.

Any sale, transfer, or assignment of a franchise, franchisee, or cable system or of control over the same (including, but not limited to, transfer by forced or voluntary sale, merger, consolidation, receivership, or any other means) shall be made by a bill of sale or similar document, an executed copy of which shall be filed with the Director within thirty (30) days after any such sale, transfer, or assignment. The Commission shall not withhold its consent unreasonably; provided, however, the proposed assignee agrees to comply with all the provisions of this Subtitle and the franchise agreement, and must be able to provide proof of financial responsibility and the technical expertise to operate the system. The Commission will make a final decision on the transfer request within one hundred twenty (120) days of the request, unless the parties agree to an extension of time. If the Commission fails to act within the one hundred twenty (120) days, the request will be deemed granted.

Unless otherwise provided in a franchise agreement, no such consent shall be required for a transfer in trust, mortgage, or other instrument of hypothecation, in whole or in part, to secure an indebtedness except when such hypothecation shall exceed seventy-five percent (75%) of the fair market value of the property used by the franchisee in the operation of its cable system. Prior consent of the Commission shall be required for such transfer and said consent shall not be withheld unreasonably.

Notwithstanding any other provision in this Section to the contrary, in no event may the franchisee sell, lease, transfer, or otherwise assign its franchise rights and obligations to another person or business entity prior to the end of the third year after initial franchise award except upon the express authorization, by resolution, of the Council upon recommendation of the Commission and as permitted by the FCC regulations.