HomeMy WebLinkAbout2015-25 Transfer Control of Cable Franchise
RESOLUTION NO. 2015 - a
A RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL
RELATED TO THE CABLE FRANCHISEE FALCON CABLE SYSTEMS
COMPANY II, L.P., WITH CONDITIONS
WHEREAS, Falcon Cable Systems Company II, L.P., a subsidiary of Charter Communications,
Inc. ("Charter"), is the Franchisee under a Cable Franchise Agreement approved by the City of
Ashland (the "City") dated February 5, 2004; and
WHEREAS, the City granted several extensions to the term of the Franchise Agreement, all of
which have expired without renewal of the franchise; and
WHEREAS, on May 23, 2015, Charter, with its subsidiary CCH I, LLC, entered into
agreements with Advance/Newhouse Partnership, the ultimate parent company of Bright House
Networks, LLC., Time Warner Cable, Inc., and Liberty Broadband Corporation; the purpose of
these agreements being to effectuate the acquisition of Bright House Networks LLC, and a
merger with Time Warner Cable Inc., in which Advance/Newhouse Partnership, Time Warner
Cable Inc., and Liberty Broadband Corporation will acquire minority ownership interests in
Charter (hereinafter the "Transaction"); and
WHEREAS, on July 2, 2015, the City received a Federal Communications Commission Form
394 Application by which Charter requested approval from the City of the Transaction; and
WHEREAS, Federal law and Section 15.2 of the Franchise authorize the City to review any
proposed transfer of control, including the proposed Transaction as described in the From 394
Application; and
WHEREAS, Section 15.2.6 of the Franchise also authorizes the City to condition approval of a
transfer upon such terms and conditions as it deems reasonably appropriate within the legal,
financial, and technical framework provided by the Franchise; and
WHEREAS, the City has reviewed the materials provided by Charter in the Form 394
Application and the City deems it to be in furtherance of the public interest and the welfare of its
citizens to consent to the Transaction, subject to appropriate conditions.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Consent to the Transfer of Control.
To the extent the Cable Franchise Agreement granted to Franchisee remains in effect, the City of
Ashland hereby consents to the transfer of control as set forth in the Federal Communications
Commission Form 394 submitted by Charter Communications, Inc., subject to the conditions set
forth in Section 2, below.
SECTION 2. Conditions to the Transfer of Control.
Resolution No. 2015- Page 1 of'2
The approval of the proposed transfer of control shall not take effect until such time as each of
the following conditions is met:
1. The Transaction is consummated as described in the Form 394 Application with no
substantial change in the terms and conditions as described therein.
2. The Franchisee, before and after the closing of the Transaction, remains bound by the
lawful terms and conditions of the Franchise.
SECTION 3. Effective Date.
This resolution was duly PASSED and ADOPTED this ,:~O day of October, 2015, and takes
effect on signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this 2-1 day of October, 2015.
Pam Marsh, Council Chair
Reviewed as to form:
A Z~~~ ~ &
Davi H. Lohman, City Attorney
Resolution No. 2015- Page 2 of 2