HomeMy WebLinkAboutRES 2005-49RESOLUTION NO. 2005- 49
A RESOLUTION OF THE DIAMOND BAR CITY COUNCIL ACCEPTING, FOR PURPOSES OF
REVIEW, THE FCC FORM 394 SUBMITTED BY TIME WARNER CABLE, INC. RELATING TO A
FRANCHISE TRANSFER AND AUTHORIZING THE CITY MANAGER TO DENY THE TRANSFER
APPLICATION WITHOUT PREJUDICE ND AGREE TO EXTEND THE APPLICATION REVIEW
PERIOD
A. RECITALS.
WHEREAS, the City of Diamond Bar (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 Fo 394, dated June 10, 2005, seeking approval of a transfer
of the Franchise to CAC Exchange 1, LLC. (the ' New Franchisee"); and
WHEREAS, the City has not, at the time f the adoption of this resolution, approved or denied the
request to transfer the Franchise to the CAC xchange 1, LLC, and reserves its rights as outlined in the
Franchise Agreement and other applicable Fe eral, State and local laws; and
WHEREAS, pursuant to the Franchise Ordi ance 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
WHEREAS, this proposed merger will
City's consent; and
WHEREAS, the City Council of the City
Prescribe procedures for its review and cons
B. RESOLUTION.
NOW, THEREFORE, THE CITY COU
RESOLVE AS FOLLOWS:
SECTION 1. The FCC Form 394, dated
of review, analysis, and consideration. Said
determine compliance with the existing Cable Fi
in a change in control of the Operator and requires the
desires to acknowledge receipt of said FCC Form 394 and
ition by the City.
IL FOR THE CITY OF DIAMOND BAR DOES HEREBY
10, 2005 is hereby deemed accepted for the purposes
N shall not constitute a waiver of the City's rights to
ise and to take appropriate action therewith.
SECTION 2. Since receipt of the FCC orm 394 on June 14, 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.
�n01�- 4C)
SECTION 3. The City Manager or her c
Council, to reject the FCC Form 394 without pr(
action of this City Council for the following reaso
ignee is hereby authorized, without further action by th;c
lice, and the approvals requested therein, without furt>�
and upon the following bases:
A. Failure or refusal to file proper or complete FCC Form 394 with all information
required therein,
B. Failure or refusal to prov
Special Counsel, and outs
all documents and information requested by City Staff,
consultants retained by the City.
C. Failure or refusal to reas nably cooperate with City Staff, City Attorney, Special
Counsel and outside cons (tants retained by the City in undertaking due diligence
investigations including, bu not limited to, physical inspections of the cable television
system and inspection of records relating thereto.
D. Failure or refusal to demo istrate compliance with the Cable Television Consumer
Protection and Competition Act of 1992 (the "1992 Cable Act"), any and all
implementing regulations o the Federal Communications Commission, or any other
applicable local, state or fed )ral law.
E. Refusal of any assignee or
terms and conditions of the
approval the amendment,
conditions of the Franchise.
F. An announced or actual ch,
partner thereof, which occurred
transferee to accept, without condition of reservation, the
1xisting Franchise or to require as a condition of consent or
modification, extension or alteration of the terms
ige in control of the Transferee, or any limited or general
subsequent to the date of the FCC Form 394.
SECTION 4. The City Manager or herdesignee, without further action by this Council, shall be
empowered to seek Operator's consent to a sufficient extension of the 124 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 C ty Council for the purposes of Section 617 of the 1992
Cable Act and the implementing regulations of the Federal Communications Commission,
PASSED, APPROVED AND ADOPTED THIS i e th DAY OF AUGUST 2005.
Wen P. Chang, yor
2005. 49
1, Linda C. Lowry, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, adopted and appro ed at a regular meeting of the City Council of the City of
Diamond Bar held on 16th day of August, 200 , by the following vote:
AYES: COUNCIL MEMB RS: Ferrera Taiaaka Zsrbe.s r
YIPT/o' Connor ., M/Chang
NOES: COUNCIL MEMB RS: No�xe
ABSENT: COUNCIL MEMBERS: , re
ABSTAINED: COUNCIL MEMBERS:-csr:.e
L d C. Lowry, City Cl r
City of Diamond Bar