HomeMy WebLinkAbout99-038k3C3.ARC~ QF SUPERVI~t~RS
~' C4~IIVTY QF BUTfE, STATE OF CAI_IFORIVIA
Resolution No. 99-38
RESOLUTION OF THE COUNTY OF BUTTE, AYPI20VING THE "TRANSFER OF THE
CABLE COMMtNICATION FRANCHISE
WHEREAS, TCI of Northern California, Inc. {"Franchisee") is the duly authorized holder of a
franchise, as amended to date, authorizing Franchisee to serve Butte County (Paradise area}, California
("the Franchise"j and to operate and maintain a cable television system ("System"); and
WHEREAS, MediaOne Acquisitions of Northern Illinois, Inc. ("MediaOne"), Franchisee and
certain affiliates of MediaOne and Franchisee have entered into an Asset Exchange Agreement dated
October 9, 1998 {the "Agreement"), whereby Franchisee has agreed to transfer to MediaOne or another
direct or indirect subsidiary of MediaOne Group, Inc. (a "MediaOne Affiliate") the assets of the System,
including all right, title and interest of Franchisee in the Franchise, subject to any required approval of
the local franchise authority with respect thereto (the transactions contemplated by the Agreement are
referred to as the "Transaction"); and
WHEREAS, MediaOne or a MediaOne Affiliate may, after the Transactions, assign or transfer
the Franchise to another MediaOne Affiliate; and
WHEREAS, to the extent the Franchise requires, MediaOne and Franchisee now seek approval
of the Transactions and have filed a FCC Form 394 with the County (the `'Franchise Authority"); and
WHEREAS, the Franchise Authority has reviewed the qualifications of the transferees as
provided by transferees and finds them to be suitable transferees;
NOW, THEREFORE, BE IT RESOLVED BY THE FRANCHISE AUTHOR[TY AS
FOLLOWS:
Section 1. The Franchise Authority hereby consents to and approves the "Transactions, to the
extent that such consent is required by the terms of the Franchise or applicable law.
Section 2. MediaOne, or such MediaOne Affiliate, hereby accepts the obhaatians of Franchisee
render the Franchise, subject to applicable law, which accrues from and after the date of const~immation
of the Transactions.
Section 3. The Franchise Authority confirms that (a) the Franchise was properly granted or
transferred to Franchisee, (b) the Franchise is currently in full force and effect, (c) the Franchise
supersedes all other agreements between the parties, (d) the Franchise represents the entire
understanding of the parties and Franchisee has no obligations to the Franchise Authority other than
those specifically stated in the Franchise, and (e) Franchisee is materially in compliance with the
provision of the Franchise and there exists no fact or circumstance known to the Franchise Authority
tivhich constitutes or which, with the passage of time or the giving of notice of both, would constitute a
material default or breach under the Franchise or would allow the Franchise Authority to cancel or
terminate the rights thereunder.
Section 4. MediaOne or MediaOne Affiliate may to the extent permitted by Federal law and/or
regulation transfer the F~ anchise or control related thereto to any MediaOne Affiliate upon notice to
Franchise Authority.
Section S. The Franellise Authority hereby consents to and approves the assignment, mortgage,
pledge, or other encumbrance, if any, of the Franchise, the System, or assets relating thereto, as collateral
for a loan.
Sectiop 6. The Franchise Authority releases Franchisee, effective upon the closing date of the
Transactions, from all obligations and liabilities under the Franchise that accrue on and after such
closing date; provided that, effective upon such closing date, MediaOne or MediaOne Affiliate shall be
responsible for any obligations and liabilities under the Franchise that accrue on and after such closing,
dale of the Transactions.
Section ~. This Resolution shall have the force of a continuing agreement with Franchisee and
Media One, to that extent permitted by law and/or public policy and Franchise Authority shall not amend
or othertivise alter this Resolution without the consent of Franchisee and MediaOne.
Section 8. This Resolution shall only remain in effect during the term specified within the
current non-exclusive franchise agreement.
Section 9. This Resolution shall be deemed effective upon the closing of the Transactions.
PASSED, ADOPTED AND APPROVED this 9th day of March, 1999, by the following vote:
AYES: Supervisors Beeler, Davis, Roux, ':
Josiassen and Chair Dolan BV: ~';
-- ~- ~--~
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
!j
John Sf/ lacklock,
Officef and Clerk of the Board
Jane Dolan, Chair of the
butte County Board of Supervisors
AP OVEll,~AS '~'~7~{~}RM:
Y
Butte County Counsel
(tci2.res)