2002 FEBRUARY - Laserfiche WebLink

6.52.040 the responsibility of ensuring that the grantee and/or the proposed transferee complete an application in accordance with federal communications commis- sion form 394 or equivalent. Grantor may require grantee to submit such additional information as the grantor may reasonably require to determine that the proposed transferee possesses the legal, technical and financial quali- fications, or that grantee is in compli- ance with all substantive franchise requirements. An application shall be submitted to grantor not less than one hundred twenty (120) days prior to the proposed date of transfer. If the legal, technical and financial qualifications of the applicant are determined by the grantor to be satisfactory, and if grantor determines that grantee is in compli- ance with all substantive franchise requirements, the grantor shall consent to the transfer of the franchise. If the grantor has not taken action on the grantee's request for transfer within one hundred twenty (120) days after receiv- ing FCC form 394 or equivalent, grantor's consent to such transfer shall be deemed given. The consent of the grantor to such transfer shall not be un- reasonably denied or delayed. Grantor does not waive any lawful authority it may have to impose conditions on the transfer. 5. Any financial institution having a pledge of the grantee or its assets for the advancement of money for the con- struction and/or operation of the fran- chise shall have the right to notify the grantor that it or its designee satisfac- tory to the grantor shall take control of and operate the cable system, in the event of a grantee default of its finan- cial obligations. Further, said financial institution shall also agree in writing to continue cable service and comply with all franchise requirements during the term the financial institution exercises control over the system. 6. Upon transfer, grantee shall reim- burse grantor for grantor's reasonable processing and review expenses in con- nection with the transfer of the fran- chise, including, without limitation, costs of administrative review, finan- cial, legal and technical evaluation of the proposed transferee, consultants (including technical and legal experts and all costs incurred by such experts), notice and publication costs and docu- ment preparation expenses. Any such reimbursement shall not be charged against any franchise fee due to grantor during the term of the franchise. G. Geographical Coverage: 1. Grantee shall design, construct and maintain the cable system to have the capability to pass every residential dwelling unit in the service area, sub- ject to any service area line extension requirements of the franchise agree- ment. 2. After service has been established by activating trunk and/or distribution cables for any service area, grantee shall provide service to any requesting subscriber within that service area within thirty (30) days from the date of request, provided that the grantee is able to secure all rights of way neces- sary to extend service to such subscrib- er within such thirty (30) day period on (Pleasanton February 2002) 192-4