Loading...
HomeMy Public PortalAbout02-077 I i E i r '9M I 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, ! i 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 C1380\0443\695401.2 1 i I a. 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: r 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. I € I { C1380\0443�695401.2 2 1 i 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 p F 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 VU YOR I 's ATTEST: i i ,. CITY CLERK APPROVED AS TO FORM: j CITY ATTORNEY i . i I I C1380\0443\695401.2 3 i I� I STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I l; 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: t 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 i i I f i I i