5.60.440 Legal qualifications.
A. The City shall review, as part of its consideration of a transfer, assignment or change in control, the legal qualifications of the transferee, assignee or new controlling entity. In order to be legally qualified, transferee, assignee or new controlling entity:
1. Shall not be issued a franchise if, at any time during the ten (10) years preceding the submission of the application, it was convicted of fraud, racketeering, anti-competitive actions, unfair trade practices or other conduct of such character that it cannot be relied upon to deal truthfully with city and the subscribers, or to substantially comply with its obligations.
2. Must have any requisite authority under Washington and federal law to operate a cable communications system, or show that it is in a position to obtain that authority.
3. Shall not be issued a franchise if it files materially misleading information in its application or intentionally withholds information that it is lawfully required to provide.
B. Notwithstanding subsection A above, a transferee, assignee or new controlling entity shall be provided a reasonable opportunity to show that a franchise should be issued even if the requirements of subsection A of this section are not satisfied, by virtue of the circumstances surrounding the matter and the steps taken by it to cure all harms flowing therefrom and prevent their recurrence, the lack of involvement of its principals, or the remoteness of the matter from the operation of a cable communications system. (Ord. 2546 § 2 (part), 2010: Ord. 2174 § 1 (part), 2003).