HomeMy WebLinkAbout99-73 - Authorizing and consenting to the transfer of control of a cable television franchise by Mediaone Group to AT&T Corp67
RESOLUTION NO. 99-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AUTHORIZING AND
CONSENTING TO THE TRANSFER OF CONTROL OF A
CABLE TELEVISION FRANCHISE BY MEDIAONE GROUP,
INC., TO AT&T CORP.
A. MediaOne of Costa Mesa, Inc., a California Corporation ("Franchisee"), is
the duly authorized holder of a franchise ("Franchise") that authorizes the
construction, operation, and maintenance of a cable television system within the City
of Costa Mesa ("Franchise Authority").
B. On July 16, 1999, the Franchise Authority received from MediaOne
Group, Inc., a Delaware corporation ("Transferor"), and from AT&T Corp., a New York
corporation ("Transferee"), an application for the transfer of control of the existing
Franchise, which application included FCC Form 394 entitled "Application for
Franchise Authority Consent to Assignment or Transfer of Control of Cable Television
Franchise". Supplemental information was provided to the Franchise Authority by the
Transferor and the Transferee on September 19, 1999, and on October 14, 1999.
C. In accordance with Paragraph (F) of Section 19-05 of Chapter 1, Title
19, of the Costa Mesa Municipal Code, the Franchise Authority has the right to review
and to approve the financial, technical, and legal qualifications of the Transferee in
connection with the proposed change of control of the Franchise.
D. The staff of the Franchise Authority has reviewed the documentation
that accompanied FCC Form 394, and based upon the representations set forth in that
documentation, has concluded that the proposed Transferee has the requisite
financial, technical, and legal qualifications to adequately perform, or to ensure the
performance of all obligations required of the Franchisee under the Franchise
previously granted by the Franchise Authority to the Franchisee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
RESOLVES AS FOLLOWS:
SECTION 1. In accordance with paragraph (F) of Section 19-05 of Chapter 1,
Title 19, of the Costa Mesa Municipal Code, the Franchise Authority consents to and
approves the proposed transfer of control of the Franchise by MediaOne Group, Inc.,
to AT&T Corp.
SECTION 2. The authorization, consent, and approval of the Franchise
Authority to the proposed change of control is conditioned upon compliance by the
Transferor or the Transferee with the following requirements, as to which they are
jointly and severally responsible:
1. An original or conformed copy of the written instrument evidencing the
closing and consummation of the proposed change of control of the Franchise must
be filed in the office of the City Clerk within 30 days after that closing and
consummation.
2. Regardless of whether the transaction described in FCC Form 394
actually closes, the Franchise Authority will be reimbursed for all costs and expenses
reasonably incurred by the Franchise Authority in processing and evaluating the
information relating to the proposed transfer of control of the Franchise; provided,
however, that those costs and expenses will not exceed the sum of $2,500.00 and
will be set forth in an itemized statement transmitted by the City Manage, or the City
Manager's designee, to the Transferor and the Transferee within 60 days after the
effective date of this resolution.
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SECTION 3. In authorizing this change of control, the Franchise Authority
reserves all rights that it may have to impose conditions regarding access by third
parties to the Franchisee's cable system for the delivery of high-speed Internet access
service. The Franchise Authority's approval of this change of control will not be
deemed a waiver of those rights to impose such conditions at a later date, regardless
of whether a transfer or renewal is pending at that time. Franchisee likewise does not
waive any rights it may have with respect to the imposition of such a condition. Prior
to the enactment or enforcement of any such requirements, Franchisee will be
provided with reasonable notice, an opportunity to be heard, and an opportunity to
present evidence on any findings made or required to be made with respect to such a
requirement.
SECTION 4. Nothing contained in this resolution may be construed to extend
the term of the Franchise, which will terminate in its entirety on October 4, 2013,
unless extended for an additional term of five years upon the timely completion of the
cable system upgrade, as provided for in the Franchise.
SECTION 5. The City Clerk is directed to transmit a certified copy of this
resolution to the following persons:
Mr. David Condit
AT&T Corp.
795 Folson Street - Room 2153
San Francisco, California 94107
Mr. James K. Petro
Vice President, Corporate and Legal Affairs
MediaOne Group, Inc.
550 North Continental Blvd., Suite 250
EI Segundo, California 90245
SECTION 6. The City Clerk is directed to certify to the passage and adoption of
this resolution.
PASSED AND ADOPTED this 1' day of November, 1999.
ATTEST:
Deputy City Cl I
of the City of Costa Mesa Mayor of t e City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing
Resolution No. 99-73 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof, held on the day of 1 ' day of November, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa the day of 2' day of November, 1999.
Deputy Citylerk and ex -officio Clerk of
the City Cou 4it of the City of Costa Mesa