The franchise agreement appears to provide 90 days for a review of the transfer application. In addition, under the franchise agreement, within 15 days from receipt of a completed transfer application, the City Manager must submit it to the City Council with a recommendation for action. A public hearing must be scheduled within 30 days of receipt of the transfer application, and the City Council must act within 60 days after the public hearing. Both Federal law and the franchise agreement allow both parties to agree to an extension. During the transfer process, the City will work with Cable Co-op, as necessary, to reconcile any time issues if there is insufficient time to render a decision.
Applicable law provides a basis for denial of a transfer request.
A franchising authority may deny the transfer request based on the buyer s unique financial, legal, technical, and character qualifications, and its ability to provide the required cable service. A franchise authority also may deny a transfer request if the buyer owns or controls another cable system in the cable franchise area or if the proposed transfer would eliminate or reduce competition in the delivery of cable service. The franchise agreement grants the City the right of first refusal provided the City exercises this option within 90 days after it receives the formal notice of the transfer and the detailed terms and conditions of sale. In addition, the City would assume the financial and operational risks and responsibilities inherent in providing cable services and managing the cable system. Finally, if the City were to exercise the right of first refusal, it would be doing so on behalf of the City itself and not on behalf of the Joint Powers Agencies.