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

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Sec. B10-93. Application for transfer.

(a) This section establishes provisions that apply to applications for transfer approval.

(b) An application for transfer must contain all the information required by Section B10-90(b)(1), (2), all information required by the FCC Form 394 as it existed on January 1, 2000 to the extent the provision of such information is not prohibited by federal law, and all information that is required to be filed under applicable federal or state law.

(c) The County may within 30 days after receiving a transfer application, request in writing such supplementary, additional or other information as the County may deem reasonably necessary to permit the Board to make a determination as to whether the requested franchise should be granted based on the factors set forth in Section B10-93(d). The applicants (the transferor and proposed transferee) shall respond to any request for information from the County, and provide the information requested, within 30 days of the request.

(d) In determining 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 cable system; any potential impact of the transfer on subscriber rates or services; whether the incumbent cable operator is in compliance with its franchise; whether the transferee owns or controls any other cable system in the County; whether the transfer 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 otherwise adversely affect subscribers, the public, or the County's interest under this chapter, the franchise ordinance, or other applicable law. The proposed transferee shall pay all reasonable costs incurred by the County in reviewing and evaluating the applications.

(e) 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 franchise ordinance, 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.

(Ord. No. NS-905, § 2, 12-13-05)

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