1999 Minnesota Statutes

     238.083 Sale or transfer of franchise. 

    Subdivision 1.    Fundamental corporate change defined.  
 For purposes of this section, "fundamental corporate change" 
 means the sale or transfer of a majority of a corporation's 
 assets; merger, including a parent and its subsidiary 
 corporation; consolidation; or creation of a subsidiary 
 corporation. 

    Subd. 2.    Written approval of franchising authority.  
 A sale or transfer of a franchise, including a sale or transfer 
 by means of a fundamental corporate change, requires the written 
 approval of the franchising authority.  The parties to the sale 
 or transfer of a franchise shall make a written request to the 
 franchising authority for its approval of the sale or transfer.  
 The franchising authority shall reply in writing within 30 days 
 of the request and shall indicate its approval of the request or 
 its determination that a public hearing is necessary if it 
 determines that a sale or transfer of a franchise may adversely 
 affect the company's subscribers.  The franchising authority 
 shall conduct a public hearing on the request within 30 days of 
 that determination.  

    Subd. 3.    Notice of hearing.  Unless otherwise already 
 provided for by local law, notice of the hearing must be given 
 14 days before the hearing by publishing notice of it once in a 
 newspaper of general circulation in the area being served by the 
 franchise.  The notice must contain the date, time, and place of 
 the hearing and must briefly state the substance of the action 
 to be considered by the franchising authority.  

    Subd. 4.    Approval or denial of transfer request.  
 Within 30 days after the public hearing, the franchising 
 authority shall approve or deny in writing the sale or transfer 
 request.  The approval must not be unreasonably withheld. 

    Subd. 5.    Transfer of franchise without system.  The 
 parties to the sale or transfer of a franchise only, without the 
 inclusion of a cable communications system in which at least 
 substantial construction has commenced, shall establish that the 
 sale or transfer of only the franchise will be in the public 
 interest.  

    Subd. 6.    Transfer of stock; controlling interest 
 defined.  Sale or transfer of stock in a corporation so as to 
 create a new controlling interest in a cable communication 
 system is subject to the requirements of this section. 

    The term "controlling interest" as used herein is not 
 limited to majority stock ownership, but includes actual working 
 control in whatever manner exercised.  

    HIST: 1985 c 285 s 22