SEARCH SCCgov

HOME | A-Z SERVICES | CONTACTS | FAQs | SUGGESTIONS | SITE MAP | ABOUT US   AGENCIES & DEPTS

County Connection |Handling Emergencies |Living and Working |Health and Human Care |Doing Business |Law and Justice

View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

Previous heading / Next heading / Table of Contents

__________

Sec. B10-111. Transfers.

(a) No transfer of an OVS franchise shall occur without prior written notice to and approval of the Board of Supervisors.

(1) An OVS franchisee shall promptly notify the County of any proposed transfer, and submit an application for its approval at least 120 days in advance of the proposed and anticipated transfer date.

(2) The County Executive may specify information that must be provided in connection with a transfer application. At a minimum, an application must: describe the persons involved in the transaction and the person that will hold the OVS franchise; describe the chain of ownership before and after the proposed transaction; show that the person that will hold the OVS franchise will be legally, financially, and technically qualified to do so; attach complete information on the proposed transaction, including the contracts or other documents that relate to the proposed transaction, and all documents, schedules, exhibits, or the like referred to therein; and attach any shareholder reports or filings with the Securities and Exchange Commission ("SEC") that discuss the transaction.

(3) For the purposes of determining whether it shall consent to a transfer, the County or its agents may inquire into all qualifications of the prospective transferee and such other matters as the County may deem necessary to determine whether the transfer is in the public interest and should be approved, denied, or conditioned. If the transferee or OVS franchisee refuse to provide information, or provide incomplete information, the request for transfer may be denied.

(4) In deciding whether a transfer application should be granted, denied or granted subject to conditions, the County may consider the legal, financial, and technical qualifications of the transferee to operate the OVS; whether the incumbent OVS operator is in compliance with its OVS agreement and this chapter and, if not, the proposed transferee's commitment to cure such noncompliance; whether the transferee owns or controls any other OVS or cable system in the County, and whether operation by the transferee may eliminate or reduce competition in the delivery of cable service in the County; and whether operation by the transferee or approval of the transfer would adversely affect subscribers, the public, or the County's interest under this chapter, the OVS agreement, or other applicable law.

(5) No application shall be granted unless the transferee agrees in writing that it will abide by and accept all terms of this chapter and the OVS agreement, and that it will assume the obligations, liabilities, and responsibility for all acts and omissions, known and unknown, of the previous franchisee for all purposes. The proposed transferee shall pay all reasonable costs incurred by the County in reviewing and evaluating the applications.

(Ord. No. NS-905, § 2, 12-13-05)

__________

County Policy | Privacy Policy | Accessibility | Site Map | Contact Webmaster | Site Help All Content Copyright ©2009, the County of Santa Clara, CA