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RESOLUTION NO. 6117
A RESOLUTION OF THE CITY OF ARCADIA,
CALIFORNIA ACCEPTING, FOR THE PURPOSE OF
REVIEW, THE FCC FORM 394 SUBMITTED BY TCI
CABLEVISION OF CALIFORNIA, INe. 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 TCI Cablevision of California, Inc., or an entity
affiliated therewith, (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, pursuant to the Franchise Ordinance and the Franchise, neither the
Franchise nor control of the Operator may be changed, transferred or assigned without
the consent of the City Council; and
WHEREAS, the Operator has filed an FCC Form 394 seeking approval of a
transfer of the Franchise to Century-TCI California, L.P. (the "Transferee"); 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.
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS
FOLLOWS;
SECTION 1. The FCC Form 394 filed by the Operator with the City 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 Franchise and to take appropriate action therewith.
SECTION 2.
The City Manager, City Attorney, the City's Special
Counsel, outside consultants designated by the City, or their designees are hereby
authorized and instructed to commence review and analysis of the FCC Form 394 and
obtain such additional information which they determine necessary to properly analyze
and make recommendations upon the FCC Form 394.
SECTION 3.
The City Manager 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 and upon the following bases;
A. Failure or refusal to file a proper or complete FCC Form 394 with
all information required therein.
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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 of the
cable television system and inspection of records relating thereto.
D. Failure or refusal to demonstrate compliance with the Franchise,
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
of the terms and conditions of the Franchise.
F. The occurrence of an actual or announced change of control of the
Transferee, or any limited or general partner thereof, which occurred subsequent to the
date of the FCC Form 394.
SECTION 4. 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
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the purposes of Section 617 of the 1992 Cable Act and the implementing regulations
of the Federal Communications Commission.
SECTION 5.
That the City Clerk shall certify to the adoption of this
Resolution.
Passed, approved and adopted this 1st day of
June
,1999
~L
May of the City of Arcadia
ATTEST:
~~~~
APPROVED AS TO FORM:
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City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the
foregoing Resolution No. 6117 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 1 st day of June, 1999 and that said Resolution was
adopted by the following vote, to wit:
AYES: Councilmember Harbicht, Kovacic, Marshall, Roncelli and Chandler
.
NOES: None
ABSENT: None
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