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A. Neither the grantee nor any other person may transfer the cable system or the franchise without the prior written consent of the city, which consent shall not be unreasonably withheld. No consent shall be required, however, for (1) a transfer in trust, by mortgage, hypothecation, or by assignment of any rights, title, or interest of the grantee in the franchise or in the cable system in order to secure indebtedness, or (2) a transfer to an entity directly or indirectly owned or controlled by Comcast Corporation. If grantee submits an application for approval of any transfer in accordance with federal regulations (47 CFR 76.502), the city shall process said application in accordance with those regulations. Applications for approval of any transfer shall also be filed, and the city shall process such applications, in accordance with procedures set out in the city code so long as they are not in conflict with applicable law. A transfer without the prior written approval of the city is a material violation of this franchise and shall make the franchise subject to termination by the city.

B. For the purposes of determining whether it shall consent to a transfer, the city, or its agents, may inquire into all qualifications of the prospective transferee and such other matters subject to applicable law. The grantee and any prospective transferees shall assist the city in any such inquiry, and if they fail to do so, the request for transfer may be denied.

C. In making a determination as to whether to grant, deny, or grant subject to conditions an application for a transfer of a franchise, the city shall consider the legal, financial, and technical qualifications of the transferee to operate the cable system; any potential impact of the transfer on subscriber services; whether the grantee is in compliance with its franchise and, if not, the proposed transferee’s commitment to cure such noncompliance; and whether operation by the transferee or approval of the transfer would adversely affect subscribers, the public, or the city’s interest under this franchise, or other applicable law.

D. 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 lawful terms of this franchise, and that it will assume the obligations, liabilities, and responsibility for all acts and omissions, known and unknown, of the grantee under this franchise for all purposes, including renewal, unless the city, in its sole discretion, expressly waives this requirement in whole or in part.

E. 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 franchise, whether arising before or after the date of the transfer. [Ord. 2012-05-030; Ord. 1998-09-075; Ord. 8999 § 29, 1981].