Loading...
HomeMy WebLinkAbout6485 RESOLUTION NO. 6485 A RESOLUTION OF THE CITY OF ARCADIA, CALIFORNIA ACCEPTING, FOR PURPOSES OF REVIEW, THE FCC FORM 394 SUBMITTED BY TIME WARNER CABLE, INC., RELATING TO A FRANCHISE TRANSFER AND PRESCRIBING CERTAIN PROCEDURES RELATING THERETO WHEREAS, the City of Arcadia (the "City") has entered into an agreement granting a nonexclusive franchise to Adelphia Communications Corp. (the "Operator") to operate a cable television system in the City and setting forth conditions accompanying the granting of the franchise (the "Franchise"); and WHEREAS, the Operator filed an FCC Form 394, dated June 10, 2005, seeking approval of a transfer of the Franchise to CAC Exchange I, LLC (the "New Franchisee"); and WHEREAS, the City has not, at the time of the adoption of this Resolution, approved or denied the request to transfer the Franchise to the CAC Exchange I, LLC, and reserves its rights as outlined in the Franchise Agreement and other applicable Federal, State and local laws; and WHEREAS, pursuant to the Franchise Ordinance and the Franchise Agreement between the City and the Operator, neither the Franchise nor control of the Operator may be changed, transferred or assigned without the consent of the City Council; and 1 WHEREAS, this proposed merger will result in a change in control of the Operator and requires the City's consent; and WHEREAS, the City Council of the City now desires to acknowledge receipt of said FCC Form 394 and prescribe procedures for its review and consideration by the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The FCC Form 394, dated June 10, 2005 is hereby deemed accepted for the purposes of review, analysis, and consideration. Said review shall not constitute a waiver of the City's rights to determine compliance with the existing Cable Franchise and to take appropriate action therewith. SECTION 2. Since receipt of the FCC Form 394 on June 16,2005, the City Manager, Assistant City Manager, City Attorney, City Staff, and outside consultants designated by the City, and their designees have been reviewing and analyzing the FCC Form 394 and have requested additional information deemed necessary to properly analyze and make recommendations upon the FCC Form 394. SECTION 3. The City Manager or his designee is hereby authorized, without further action by this Council, to reject the FCC Form 394 without prejudice, and the approvals requested therein, without further action of this City Council for the following reasons ,md upon the following basis: 2 6485 A. Failure or refusal to file a proper or complete FCC Form 394 with all infonnation required therein. B. Failure or refusal to provide all documents and information requested by City Staff, Special Counsel, and outside consultants retained by the City. C. Failure or refusal to reasonably cooperate with City Staff, City Attorney, Special Counsel and outside consultants retained by the City in undertaking due diligence investigations including, but not limited to, physical inspections ofthe cable television system and inspection of records relating thereto. D. Failure or refusal to demonstrate compliance with the Cable Television Consumer Protection and Competition Act of 1992 (the" 1992 Cable Act"), any and all implementing regulations of the Federal Communications Commission, or any other applicable local, state or federal law. E. Refusal of any assignee or transferee to accept, without condition of reservation, the terms and conditions of the existing Franchise or to require as a condition of consent or approval the amendment, modification, extension or alteration ofthe tenns and conditions of the Franchise. F. An announced or actual change in control of the Transferee, or any limited or general partner thereof, which occurred subsequent to the date of the FCC Form 394. 3 6485 SECTION 4. The City Manager or his designee, without further action by this Council, shall be empowered to seek Operator's consent to a sufficient extension of the 120-day deadline for approval of the proposed transfer so that the City may complete its due diligence review of the franchise transfer application material submitted by Operator. SECTION 5. Any decision made by the City Manager pursuant to the authority granted in this Resolution shall be deemed a decision of the City Council for the purposes of Section 617 of the 1992 Cable Act and the implementing regulations ofthe Federal Communications Commission. Passed, approved and adopted this 6th day of September 2005. ATTEST: M or of the City of Arcadia ~ ity Clerk of the City of Area Ia APPROVED AS TO FORM: ~r.~ City Attorney 4 6485 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6485 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 6th day of September, 2005 and that said Resolution was adopted by the following vote, to wit: A YES: Council Member Chandler, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None ~lerk~~ty~ Arca~ia 5 6485