(a) At least 180 days before the proposed consummation of a transfer, a petition for franchise transfer shall be filed with the Office. The petition shall include:
(1) A completed FCC Form 394, or any successor thereto;
(2) All information required to be filed with the FCC and the District pursuant to FCC regulations;
(3) Complete information on the proposed transfer, including details on the legal, financial, and technical qualifications of the transferee; and
(4) Any other information required by the Office or the franchise agreement.
(b) Within 30 days after receiving a petition under this section, the Office shall certify the petition as complete or shall transmit to the applicant a description of necessary information and the time by which the necessary information shall be provided.
(c) Within 75 days after certifying a petition as complete, the Office shall transmit to the Council a written recommendation to approve, approve with conditions, or deny the petition.
(d) The Office may charge a fee for reviewing and processing a transfer petition. The fee may include charges for the procurement of technical and legal consultants to advise the District regarding the transfer. The amount of the fee may be set forth in the applicable franchise agreement.
(e) The Council may approve a transfer upon such terms and conditions as it deems necessary or proper.
(f) Notwithstanding the approval of a transfer under this section, the parties to the transfer shall comply with any provisions regarding a transfer set forth in the franchise agreement or established by the Office.
(g) The approval of a transfer by the Council in one instance shall not render as unnecessary the approval of a subsequent transfer, and shall not constitute a waiver or release of the rights of the District under this chapter or under the franchise agreement, whether arising before or after the transfer.
CREDIT(S)
(Aug. 21, 1982, D.C. Law 4-142, § 502, as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 14-193, see notes following § 34-1251.01.