West Virginia Code 24D-1-12 – Transfer of cable franchise
(a) No cable system and no cable franchise, including any system without a franchise and any franchise in existence on the effective date of this chapter, may be assigned, sold, or transferred, including a transfer of control of any cable system, whether by change in ownership or otherwise, except upon written application to and approval of the appropriate franchising authority or authorities. For purposes of this section "transfer of control" means a transfer of the majority interest, either directly or indirectly, in the entity holding the cable franchise. The form of the application for transfer shall be prescribed by the commission.
Terms Used In West Virginia Code 24D-1-12
- Application: means an unsolicited filing for a cable franchise. See West Virginia Code 24D-1-2
- Cable system: means any facility within this state consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but does not include: (A) A facility that serves only to retransmit the television signals of one or more television broadcast stations. See West Virginia Code 24D-1-2
- franchise: means a nonexclusive initial authorization or renewal thereof issued pursuant to this chapter, whether the authorization is designated as a franchise, permit, order, contract, agreement or otherwise, which authorizes the construction or operation of a cable system. See West Virginia Code 24D-1-2
- Franchising authority: means a municipality, a county commission or the Public Service Commission empowered by federal, state or local law to grant a cable franchise. See West Virginia Code 24D-1-2
(b) Notice provisions may be prescribed by the commission for encumbrances creating potential transfers.
(c) The procedure for consideration of any transfer under the provisions of this section shall conform, as nearly as possible, to the procedures prescribed in sections six and seven of this article for the consideration of issuing cable franchises, including the application fee therefor.
(d) Except as otherwise provided in this section, the franchising authority shall have exclusive authority regarding the approval of transfers of cable franchises.