Transfer, sale, and assignment

(a)

No transfer, sale or assignment of any interest in a license shall occur without prior approval of the city.

(b)

An application for a transfer, sale or assignment of any interest of a license shall meet the requirements of section 11-8 hereof, and provide complete information on the proposed transaction, including but not limited to 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. Except in the case of a pro forma transfer as defined in section 11-2, the application shall provide, at a minimum, the information required in section 11-8 or such other information as is specified in a license agreement in lieu of the information required in section 11-8. In addition, the applicant shall provide to the city any and all information provided to Miami-Dade County in connection with the transfer.

(c)

An application for approval of a pro forma transfer of a license shall be considered granted on the 61st calendar day following the filing of such application with the city unless, prior to that date, the city notifies the licensee to the contrary. An application for approval of a pro forma transfer of a license shall clearly identify the application as such, describe the proposed transaction, and explain why the applicant believes the transfer is pro forma. Unless otherwise requested by the city within 30 calendar days of the filing of an application for a pro forma transfer, the applicant shall be required only to provide the information required in subsections 11-8(e)(1), (3), (12) and (14) with respect to the proposed transferee.

(d)

In making a determination on whether to grant an application for a transfer of a license, the city commission shall consider the legal, financial, technical and other qualifications of the transferee to operate the system; whether the incumbent cable operator is in substantial compliance with the material terms of its license agreement and this chapter and, if not, the proposed commitment of the transferee to cure such noncompliance; and whether operation by the transferee would adversely affect cable services to subscribers, or otherwise be contrary to the public interest.

(e)

No application for a transfer of a license shall be granted unless the transferee, if the holder of the license, agrees in writing to abide by and accept all terms of this chapter, as amended, and the license agreement, and to assume all obligations and liabilities of the previous licensee, whether known or unknown, under this chapter, as amended, and the license agreement. If such transferee will not be the holder of the license, such transferee will sign an acknowledgment ensuring compliance by the licensee with the license agreement and the chapter. The city shall certify to licensee, upon request, all issues of licensee's performance which are known and pending.

(f)

Subject to applicable law, approval by the city of a transfer of a license does not constitute a waiver or release of any of the rights of the city under this chapter or the license agreement, whether arising before or after the date of the transfer.

(Ord. No. 11936, § 3, 6-8-00)