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' 4 <br />Pertinent Franchise Provision <br />The standard of review in this matter is the relevant <br />portion of Article XII, Section 1 of Cab1P Communications <br />Franchise Ordinance, which provides in part as follows: <br />A. This Franchise shall not be assigned or trans- <br />ferred, either in whole or in part, or leased, <br />sublet or mortgaged in any manner, not shall <br />title thereto, either legal or equitable or <br />any right, interest or property therein, pass <br />to or vest in any person without the prior <br />written consent of City, which consent shall <br />not be unreasonably withheld. Further Grantee <br />shall not sell or transfer any stock or owner- <br />ship interest so as to create a new controll- <br />ing interest except with the consent of City, <br />which consent shall not be unreasonably with- <br />held. The transfers described in this para- <br />graph stall, in the sole discretion of City, <br />be considered a sale or transfer of Franchise <br />within the meaning and intent in the following <br />paragraph. <br />Similarly, Minnesota Statutes Section 238.083, subdivi- <br />sion 4 provides: ' <br />Within 30 days after the public hearing, the fran- <br />chising authority shall approve or deny in writing <br />the sale cc transfer request. The approval must <br />not be unreasonably withheld. <br />Eased upon the foregoing Findings of Fact, the North <br />Suburban Cable Cummissiun makes the foilowiay: <br />rnNrr.nS T0NS <br />1. The Commission, on behalf its Member Cities, gave proper <br />notice of the public hearing in this matter, has ful- <br />filled all relevant substantive and procedural require- <br />ments of law or rules and has the authority to make a <br />determination as to Transaction No. 2 and to recommend <br />that determination to its Member cities. <br />2. North Central has met the leqal and character qualifica- <br />tions. <br />3. North Central has met the technical. qualifications. <br />E <br />- 6 - <br />