§ 7-7. Limitations and transfers of license.

(a)

Any License granted under this chapter shall be nonexclusive; and nothing in this chapter shall be construed to prevent the Village Council from granting identical or similar Licenses to more than one person, within all or any portion of the Village.

(b)

A Grantee shall, at all times during the life of its License, be subject to the Lawful exercise of the Village's police power and ordinances and such reasonable regulations as the Village Council shall promulgate thereunder. Nothing contained in this chapter shall be deemed to prohibit in any way the right of the Village to levy nondiscriminatory local business taxes on any activity conducted by the Grantee.

(c)

All privileges prescribed by such a License shall be subordinate to any prior lawful occupancy of the Public Streets, and the Village Manager reserves the right to designate where a Grantee's facilities are to be placed within the public ways.

(d)

(1)

A License shall be a privilege that is personal to the original Grantee. No Transfer of a License shall occur without prior approval of the Village Council, expressed by resolution, and then only under such conditions as may therein be prescribed. Notwithstanding any other provision of this chapter, pledges in trust or mortgages of the assets of a Cable System to secure the construction, operation or repair of the System may be made without Application and without the Village's prior consent; except that no such arrangement may be made if it would in any respect under any condition prevent the Cable System or any successor from complying with the License and applicable Law, nor may any such arrangement permit a third party to succeed to the interest of the Grantee, or to own or control the Cable System without the prior consent of the Village. Any mortgage, pledge or leases shall be subject and subordinate to the rights of the Village under this chapter or other applicable Law.

(2)

All Applications for a Transfer of a License shall be filed at least 120 calendar days prior to the effective date of the Transfer, shall meet the requirements of this chapter, including Section 7-15, and shall 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 services. Except in the case of a pro forma Transfer, the Application shall contain, at a minimum, the information required in Section 7-20, with respect to the proposed transferee. If the information to be provided in response to these items will not change as a result of the Transfer, the transferee may so indicate in its response. The following information must be included in the Application, provided that a Grantee is not required to duplicate information that it submits to the Village to comply with its obligations under Federal or State Law:

a.

All information and forms required under Federal Law or the equivalent of such forms if no longer required by Federal Law;

b.

Any contracts or other documents that relate to the proposed transaction, and all documents, schedules, exhibits, or the like referred to therein to the extend that such documentation is required by the FCC;

c.

Any shareholders reports or filing with the Securities and Exchange Commission that discuss the transaction;

d.

Other information deemed necessary by the Village to provide a complete and accurate understanding of the financial position of the Cable System before and after the proposed Transfer;

e.

Complete information regarding any potential impact of the Transfer on Subscriber rates and service;

f.

A brief summary of the proposed transferee's plans for at least the next five years regarding line extension, plant and equipment upgrades, Channel capacity, expansion or elimination of Cable Services, and any other changes affecting or enhancing the performance of the Cable System.

(3)

An Application for approval of a pro forma Transfer of a Grantee shall be considered granted on the 91st calendar day following the filing of such Application with the Village unless, prior to that date, the Village notifies the Grantee to the contrary. An Application for approval of a pro forma Transfer of a License 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 Village 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 Section 7-20(1)(a), (f), (g), and (i) with respect to the proposed transferee.

(4)

In making a determination on whether to grant an Application for a Transfer, the Village Council shall consider the legal, financial, and technical qualifications of the transferee to operate the System, whether the incumbent Grantee is in substantial compliance with the material terms of its License and this chapter, and if not, the proposed transferee's commitment to cure such noncompliance; whether the Transfer may reduce competition in Cable Service within the Village; and whether operation by the transferee would adversely affect Subscribers or the Village, or otherwise be contrary to the public interest.

(5)

No Application for a Transfer shall be granted unless the transferee agrees in Writing that it will abide by and accept all terms of this chapter and the License, and that it will assume the obligations and liabilities, known and unknown, of the previous Grantee under this chapter and the License.

(6)

Approval by the Village of a Transfer of a License does not constitute a waiver or release of any of the rights of the Village under this chapter or the License, whether arising before or after the date of the Transfer.

(7)

The Transferee shall notify the Village that the Transfer is complete within five business days of the date the Transfer is complete.

(Ord. No. 482, § 2, 3-18-03; Ord. No. 517, § 4, 4-13-07)