HomeMy WebLinkAbout2014-18 Cable Franchise Transfer to Comcast
RESOLUTION NO. 2014- 1 ou
A RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF
THE CABLE FRANCHISEE FALCON CABLE SYSTEMS COMPANY II,
L.P. TO COMCAST CORPORATION, WITH CONDITIONS
RECITALS:
A. Falcon Cable Systems Company II, L.P., a subsidiary of Charter Communications, Inc., is the
Franchisee under a Cable Franchise Agreement approved by the City of Ashland (the "City")
dated February 5, 2004;
B. The original term of the Cable Franchise Agreement has lapsed, and the agreement has been
extended on a month-to-month basis for an indefinite period, subject to termination by either
party at any time.
C. On June 18, 2014, the City received a Federal Communications Commission Form 394
Application by which Comcast Corporation ("Comcast") requested approval from the City of
a proposed transfer of control of the Franchisee to Comcast;
D. 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 Application and as
clarified in answers to questions presented by the City to Comcast;
E. 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 federal law; and
F. The City has reviewed the materials provided by Comcast in the Application and in response
to the City's request for additional information, and the City deems it to be in furtherance of
the public interest and the welfare of its citizens to consent to the transfer request, 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 of the Franchisee as set forth in the Federal Communications Commission Form 394
submitted by Comcast, subject to the conditions set forth in Section 2, below.
SECTION 2. Conditions to the Transfer of Control. The approval of the proposed transfer of
control shall not take effect until such time as each of the following conditions is met:
1. Comcast and Charter consummate the proposed transaction described in the Form 394
Application and the subsequent additional information provided to the City by Comcast
with no substantial change in the terms and conditions as described therein.
2. Comcast reimburses the City for its reasonable costs and expenses, including its attorney
fees, incurred as a result of the City analyzing and acting upon Comcast's application for
change of control not to exceed $3,500.
3. Comcast complies with all terms and conditions of the 2004 Cable Franchise Agreement
with the City until the parties enter into a replacement cable franchise agreement.
Resolution No. 2014- Page 1 of 2
4. Comcast acknowledges these conditions of approval of the transfer of control in writing
in a form and by a date acceptable to the City.
This resolution was duly PASSED and ADOPTED this ~?L day of 2014, and
takes e ect upon signing by the Mayor.
arbara Christensen, City Recorder
SIGNED and APPROVED this 26 day of , 2014.
V
)ogn Stromberg, Mayor
Reviewed as to form:
David H. ohman, City Attorney
Resolution No. 2014- Page 2 of 2