A cable operator generally cannot transfer control of its business or transfer its cable franchise without the prior approval of the franchising authority. This gives the franchising authority the opportunity to resolve outstanding problems and to seek franchise modifications as conditions of approval. But there are also risks. A franchising authority can unwittingly cut off its ability to evaluate the transferor’s performance during a subsequent franchise renewal if it approves a transfer incautiously, or even face a lawsuit if it denies a transfer request. Every transfer request should be very carefully evaluated.
To help local governments understand the importance of the cable transfer process, Best Best & Krieger has prepared this “toolkit” to provide some basic information concerning applicable transfer requirements and procedures. The toolkit includes an overview of the cable transfer process, a brief explanation of why a transfer might benefit your community, responses to frequently asked questions, and three resources for useful information.
Please see full publication below for more information.