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 Miami Beach
 Code of Ordinances
 SubPart A. GENERAL ORDINANCES
 Chapter 22. CABLE COMMUNICATIONS

  § 22-23. Transfer/sale/assignment.  

Latest version.

  • (a)

    No transfer of a franchise shall occur without prior written approval of the city.

    (b)

    An application for a transfer of a franchise shall meet the requirements of section 22-9 hereof, and provide complete information on the proposed transaction, including 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.

    (c)

    An application for approval of a pro forma transfer of a franchise shall be considered granted on the 61 st calendar day following the filing of such application with the city unless, prior to that date, the city notifies the franchisee to the contrary. An application for approval of a pro forma transfer of a franchise 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 (9)(F)(1), (3) and (14) with respect to the proposed transferee.

    (d)

    In making a determination on whether to grant an application for a transfer of a franchise, the city commission shall consider the legal, financial, and 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 franchise agreement and this chapter and, if not, the proposed transferee's commitment 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 franchise shall be granted unless the transferee agrees in writing that it will abide by and accept all terms of this chapter and the franchise agreement, and that it will assume the obligations and liabilities of the previous franchisee under this chapter and the franchise agreement.

    (f)

    Approval by the city of a transfer of a franchise does not constitute a waiver or release of any of the rights of the city under this chapter or the franchise agreement, whether arising before or after the date of the transfer.

(Ord. No. 2001-3289, § 23, 1-10-01)