§ 20-505. Use agreement application and transfer procedures.

(a)

Contents of Application for initial, renewal, or transfer of use agreement.

(1)

In order to obtain an initial, renewal or transfer of a use agreement, an Operator of an Open Video System must apply for a use agreement. The Application must contain such information as the County may from time to time require. Application forms may be obtained from the County's Office of Information Technology.

(2)

Two copies of the Application and a copy of the FCC certification for OVS service within Broward County must be submitted to the Director of the Broward County Office of Information Technology. The County has the right to request additional information. All applications and accompanying documents shall be available for public inspection.

(b)

Additional information regarding affiliates; presumptions. To the extent that the applicant is in any respect relying on the financial or technical resources of another person, including another affiliate, the proofs required in the Application should be provided for that person. An applicant will be presumed to have the requisite financial, technical or legal qualifications to the extent such qualifications have been reviewed and approved by a federal or state agency of competent jurisdiction; or if applicant is a holder of a use agreement or license in the County, and conduct under such other use agreement or license provides no basis for additional investigation.

(c)

County review. The County may request such additional information as it finds necessary, and require such modifications to the Application as may be necessary in the exercise of the County's authority over Open Video Systems. Once the information required by the County has been provided, the Application shall be promptly reviewed and use agreement granted if the County finds that:

(1)

The applicant has the qualifications to construct, operate and repair the system proposed in conformity with applicable law. The County shall provide a reasonable opportunity to an applicant to show that it would be inappropriate to withhold a use agreement under this article, by virtue of the particular circumstances surrounding the matter and the steps taken by the applicant to cure all harms flowing therefrom and prevent their recurrence.

(2)

The applicant accepts any construction modifications required by the County to its proposed system. This section shall not be read to authorize the County to exercise authority it does not otherwise have under applicable law.

(3)

The applicant enters into a use agreement and complies with any conditions precedent to its effectiveness.

(4)

An applicant shall not be issued a use agreement if it files or in the previous three years filed materially misleading information in a Use Agreement Application; or intentionally withheld information that the applicant lawfully is required to provide.

(d)

Applications for a transfer of a use agreement.

(1)

No transfer of a use agreement shall occur without prior approval of the County, which approval shall not be unreasonably withheld. Transfer of a use agreement shall mean:

(i)

Assignment, sale or transfer of more than thirty (30) percent of the stock, partnership shares or assets of the Operator to another person or entity;

(ii)

Assignment, sale or transfer of more than forty (40) percent of the ownership of any parent corporation, parent entity, or holding company that owns or, by ownership of other entities, controls the Operator; or

(iii)

The transfer of any interest that results in the change of effective control of the Operator.

(2)

An Application for a transfer of a use agreement must contain same information required in the initial Application, except that, if the transferor submitted an Application under this article, to the extent information provided by the transferor under this article remains accurate, the transferee may simply cross-reference the earlier Application.

(3)

Final action by the Board on the transfer request shall be taken at a public hearing within one hundred twenty (120) days of receipt of a completed and accepted Application by the County. In making a determination on whether to grant an Application to transfer a use agreement, the Board will consider the legal, financial, technical and character qualifications of the transferee to operate the system.

(4)

The County may prohibit ownership or control of an OVS by an entity which already owns or controls an existing system in the jurisdiction or in circumstances where the County determines that the acquisition of such a system would eliminate or reduce competition in the delivery of services as defined by federal law.

(5)

Approval by the County of a transfer of a use agreement does not constitute a waiver or release of any of the rights of the County under this article.

(Ord. No. 1999-14, § 1.05, 4-13-99)