§ 25-2-104. TRANSFER OF FRANCHISE.
(a)
Consent of Council required. A franchisee may not assign or transfer a franchise without the consent of the County Council.
(b)
Notification of change.
(1)
In this subsection, "control" includes actual working control in whatever manner exercised.
(2)
A franchisee shall promptly notify the County Council of any actual or proposed change in or transfer of or acquisition by any other party of control of the franchisee.
(c)
Application. The proposed transferee shall submit to the County Council an application to transfer the franchise, which shall include:
(1)
The information required for the grant of a new franchise under § 25-2-103(b)(1) through (4) of this title and other pertinent information;
(2)
Complete information on the proposed transaction; and
(3)
The potential impact of the transfer on subscriber rates.
(d)
Final action by County Council. The County Council shall take final action on the application for transfer.
(e)
County rights not affected by transfer. Approval of a transfer of a franchise does not constitute a waiver by the county of any right the county has under this article or a franchise agreement.
(f)
Transfer fee.
(1)
The County Council may impose a grant fee for considering an application for transfer of a franchise.
(2)
The fee, not to exceed $25,000, shall cover the county's costs in excess of the filing fee, if any is required by the County Council under § 25-2-102(c) of this title. .
(g)
Increase in performance bond. In approving an application for transfer of a franchise, the County Council may require an increase in the amount of the payment and performance bond required under § 25-3-304 of this article.
(h)
Exceptions. This section does not prohibit:
(1)
A mortgage or pledge of the franchise, cable system, or any part of the franchise or cable system for financing purposes; or
(2)
The public sale of a franchisee's stock in compliance with applicable laws.
(1988 Code, § 8-17) (Bill No. 134-97, §§ 1, 2, 12-5-1997; Bill No. 31-03, § 2, 7-1-2004)