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HomeMy WebLinkAbout6117 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. 1 6117 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. 2 6117 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 3 6117 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: tr}~ ~ !!)$-- City Attorney 4 6117 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 5 6117