HomeMy Public PortalAbout02-077 I
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RESOLUTION NO. 02-077
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARSON, CALIFORNIA AUTHORIZING AND _
CONSENTING TO THE TRANSFER OF CONTROL OF I
THE FRANCHISED CABLE TELEVISION OPERATOR
FROM AT&T CORP. TO AT&T COMCAST
CORPORATION
RECITALS:
A. MediaOne of Los Angeles, Inc., a California corporation providing
cable services under the name of AT&T Broadband ("Franchisee"), is an indirect
subsidiary of AT&T Corp., a New York corporation, and is the duly authorized
holder of a franchise ("Franchise") that was originally granted in 1969 by the
Carson City Council ("Franchise Authority") under a cable television franchise
agreement that was thereafter amended, extended, and transferred.
B. On February 27, 2002, the Franchise Authority received from
AT&T Corp., as the proposed transferor, and from AT&T Comcast Corporation, !
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as the proposed transferee, an application for the Franchise Authority's
consent to a transfer of control of the Franchisee. This application was made
on FCC Form 394 entitled "Application for Franchise Authority Consent to �.
Assignment or Transfer of Control of Cable Television Franchise." 3
C. AT&T Corp. intends to merge its subsidiary, AT&T Broadband .
Corp., with Comcast Corporation to create a new company to be known as
AT&T Comcast Corporation pursuant to the terms of an Agreement and Plan of
Merger dated December 19, 2001, by and among AT&T Corp., AT&T
Broadband Corp., Comcast Corporation, and certain of their respective
affiliates, and a Separation and Distribution Agreement dated December 19,
2001, by and between AT&T Corp. and AT&T Broadband Corp. (the "Merger").
D. In accordance with Section 6606 of Chapter 6, Article VI, of the
Carson Municipal Code, the Franchise Authority has the right to consent to the
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proposed transfer of control of the Franchisee, based upon an evaluation of the
financial, technical, and legal qualifications of the transferee, AT&T Comcast
Corporation.
E. The staff of the Franchise Authority has reviewed the
documentation that accompanied and supplemented 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 j
qualifications to ensure the performance of all obligations required of the
Franchisee under the Franchise, and that the Franchisee will continue to be
bound by all existing terms, conditions, and obligations under the Franchise
previously granted by the Franchise Authority.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON �.
RESOLVES AS FOLLOWS:
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Section 1. In accordance with Section 6606 of Chapter 6, Article VI, of
the Carson Municipal Code, the Franchise Authority consents to and approves
the proposed transfer of control of the Franchisee by AT&T Corp. to AT&T
Comcast Corporation in accordance with the governing documents submitted '
to the Franchise Authority with the FCC Form 394.
Section 2. The authorization, consent and approval of the Franchise
Authority to the transfer of control referenced above in Section 1 is conditioned
upon compliance by the Franchisee with the obligation to file in the office of the
City Clerk a copy of the written instrument evidencing the closing and
consummation of the proposed merger transaction by and between AT&T Corp.
and Comcast Corporation, which will result in a transfer of control of the
Franchisee, within 30 days after that closing and consummation. Franchisee's
failure to comply with this obligation will subject it to all applicable sanctions
under the Franchise.
Section 3. Nothing contained in this Resolution may be construed to
extend the term of the Franchise, nor to waive or otherwise excuse any defaults
or matters involving noncompliance by the Franchisee with its obligations a
under the Franchise that may exist on the effective date of this Resolution.
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Section 4. The City Clerk is directed to transmit a certified copy of this j
resolution to the following persons:
Mr. Perry C. Parks
Vice President, Franchising and Local Government Affairs
AT&T Broadband
550 N. Continental Blvd.
Suite 250
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El Segundo, California 90245
Ms. Maria Arias ff
AT&T Broadband is
188 Inverness Drive West
Room 6-042
Englewood, Colorado 80112
Section 5. The City Clerk is directed to certify to the passage and
adoption of this Resolution.
PASSED AND ADOPTED this 18th day o une 2002. i
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ATTEST:
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CITY CLERK
APPROVED AS TO FORM:
j CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON ) I
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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. 02-077 as
j duly and regularly adopted by said Council at a regular meeting duly and regularly held on the 18`h day of
June, 2002 and that the same was passed and adopted by the following vote:
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AYES: COUNCIL MEMBERS: Mayor Sweeney,Frank, Calas, and Dear
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
City Clerk, City of arson, California j
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