HomeMy Public PortalAbout99-104 CITY OF CARSON
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION NO. 99-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARSON, CALIFORNIA, AUTHORIZING AND
CONSENTING TO THE TRANSFER OF CONTROL OF A
CABLE TELEVISION FRANCHISE BY MEDIAONE GROUP,
INC. TO AT&T CORP.
RECITALS:
A. MediaOne of Los Angeles, 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 Carson ("Franchise Authority") .
B. On July 13, 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 assignment and 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 10, 1999, and
on October 14, 1999.
C. In accordance with Section 6696 of Chapter 6 of
Article VI of the Carson 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 CARSON
RESOLVES AS FOLLOWS:
Section 1. In accordance with Section 6606 of Chapter
6 of Article VI of the Carson Municipal Code, the Franchise
Authority consents to and approves the proposed transfer of
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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 the FCC Form 394 actually closes, the Franchise
Authority will be reimbursed for all out-of-pocket 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 $2500
and will be set forth in an itemized statement transmitted by the
City Manager, or the City Manager's designee, to the Transferor
and the Transferee within 60 days after the effective date of
this resolution.
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 December 2, 2004.
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 Folsom Street
Room 2153
San Francisco, California 94107
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Mr. K. James Petro
Vice President, Corporate and Legal Affairs
MediaOne Group, Inc.
550 N. Continental Blvd. , Suite 250
El Segundo, California 90245
Section 6. The City Clerk is directed to certify to
the passage and adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 2nd day f November , 1999.
MAYOR � .
ATTEST:
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CITY CLERK
APPROVED AS TO FORM
Y ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I. Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the
whole number of members of the City Council is five; that the foregoing resolution, being Resolution No.
99-104 was duly and regularly adopted by said Council at a regular meeting duly and regularly held on the
2'd day of November, 1999, and that the same was passed and adopted by the following vote:
AYES: COUNCIL MEMBERS: Mayor Fajardo, Calas, Sweeney, Frank, and Ontai
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
City Clerk, City of Carson, alifornia
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