Loading...
HomeMy WebLinkAbout1999-11-09 - RESOLUTIONS - APPROV CABLE FRANCHISEE AT&T (2)RESOLUTION NO. 99-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA APPROVING THE CHANGE OF CONTROL OF THE CABLE COMMUNICATIONS FRANCHISEE WHEREAS, King Videocable Company, d/b/a MediaOne ("Franchisee") is duly authorized to operate and maintain a cable communications system in the Santa Clarita (the "System") by the City of Santa Clarita ("Franchise Authority") pursuant to a franchise (the "Franchise") granted by the Franchise Authority; and WHEREAS, pursuant to the Agreement and Plan of merger among AT&T Corp. (AT&T), a newly formed whole subsidiary of AT&T ("Merger Sub"), and MediaOne, Inc., the parent of Franchisee ("MediaOne"), dated as of May 6, 1999 (the "Merger Agreement"), MediaOne will merge with and into Merger Sub with Merger Sub as the surviving corporation in the merger, and as a result of the transaction contemplated by the Merger Agreement, MediaOne will become a wholly owned subsidiary of AT&T (the "Transaction"); and WHEREAS, Franchisee will continue to hold the Franchise after completion of the Transaction; and WHEREAS, FCC Form 394 with respect to the Transaction has been filed with the Franchise Authority; and WHEREAS, the parties to the Transaction have requested consent by the Franchise Authority to the Transaction; and WHEREAS, the Franchise Authority fully supports the development and application of the cable system technology, such that it improves the consumer's choices of Internet Service Providers at the best possible value. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA does resolve 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 and applicable law. SECTION 2. The City of Santa Clarita reserves the power to order non-discriminatory access to Franchisee's cable system for Internet Service Providers, so as to be consistent with applicable Federal law. Such power may be exercised only after notice and opportunity for hearing being provided to the Franchisee. SECTION 3. Franchisee will continue to pay franchise fees on gross receipts, including cable modem services, insofar as such services are considered cable services and not in violation of the California Internet Tax Freedom Act. RESOLUTION NO. 99-1 4 November 9, 1999 - Page 2 SECTION 4. This Resolution shall be deemed effective in accordance with applicable law. PASSED, APPROVED AND ADOPTED this qtr, day of Nov. , 1999. M STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC. City Clerk of the City of Santa Clarita do hereby certify that the foregoing Resolution was duly adopted by the City of Santa Clarita at a regular meeting therefore, held on the ±.h day of ninvamhar 199 -9. -by the following vote of Council: AYES: COUNCILMEMBERS: FERRY, WESTE, KLAJIC, HEIDT, DARCY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE w=d1%�Wtm&.dec