The Franchise Agreement requires that the City Manager submit the formal transfer request to the City Council with a recommendation for action within 15 days of receipt of a completed transfer application. In addition, it requires that a public hearing be scheduled within 30 days of receipt of the completed transfer application. Under federal law, the City would have 30 days to review the transfer request for completeness, and to request any additional information that was needed to make a decision regarding the transfer. Once the transfer request was determined to be complete, the Council would have 120 days to make a decision. Federal law and the Franchise Agreement allow both parties to agree to an extension.
Applicable law provides a basis for denial of transfer requests.
A franchising authority may deny a franchise transfer based upon the buyer's unique financial, legal, technical, and character qualifications, and its ability to provide the required cable service. In order to provide sufficient time to evaluate the completed transfer application, the City Manager may request that Cable Co-op waive the time requirements set forth in the Franchise Agreement, and follow the guidelines established by federal law. This waiver would provide City staff with more time to conduct a thorough review of the transfer of ownership request and to make an informed recommendation to the Council than otherwise would be possible under the present circumstances. This recommendation will have no impact on City resources. Should Cable Co-op deny the waiver request, staff would attempt to comply with the time requirements established in the Franchise Agreement.