RES-8456 Approving Transfer of Controlling Interest in Cable FranchiseRESOLUTION NO. 8456
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE APPROVING A TRANSFER OF THE
CONTROLLING INTEREST IN THE CABLE FRANCmSE
GRANTED TO TIME WARNER ENTERTAINMENT
COMPANY, L.P., DBA CABLEVISION OF ORANGE TO
TIME WARNER ENTERTAINMENT, ADVANCE!
NEWHOUSE PARTNERSmp, DBA CABLEVISION OF
ORANGE.
WHEREAS, Time Warner Entertainment, L.P., dba Cablevision of Orange
TWE"), is the holder of a non-exclusive cable television franchise to provide
cable television services within the City of Orange;
and WHEREAS, TWE with Advance Publications and Newhouse
Broadcasting Corporation will create a new joint venture cable operation to be called Time
Warner Entertainment - AdvancelNewhouse Partnership ("TWE-ANP");
and WHEREAS, TWE has requested that the City of Orange approve a transfer of
the ownership and control of Cable vision of Orange from TWE to "TWE-
ANP"; and WHEREAS, the joint venture will be managed by TWE with two-
thirds of the joint venture owned by TWE and one-third owned
by AdvancelNewhouse, a partnership of Newhouse Broadcasting and
Advance Publications Inc.; and WHEREAS, pursuantto Section 13.82.090 of the
Orange Municipal Code, cable television franchise transfers involving the transfer of 30 percent or
more of an ownership interest in the cable franchise must be approved by resolution of
the City Council; and WHEREAS, anti-trafficking provisions of the
federal 1992 Cable Act prohibit,with specified exemptions, a cable operator from selling
or transferring ownership in a cable 5ystem unless that system has been held by the
cable operator
for a three-year period; and WHEREAS, a cable operator
claiming an exemption to the anti-trafficking provisions must file a
certification with the franchising authority describing the transaction and
explain why the exemption is justified; and WHEREAS, TWE
has complied with this certification requirement; and WHEREAS, TWE-ANP will be bound
by the terms and conditions of
NOW, THEREFORE, BE IT RESOLVED as follows:
Section 1:
That upon the filing by TWE-ANP of a written acceptance of the terms
and conditions of Resolution 5087, any amendments thereto and Chapter 13.80, et seq. of
the Code of the City of Orange in a form satisfactory to the City Attorney, that the transfer
of the cable television franchise held by TWE to TWE-ANP
be approved.
Section 2:That if the above condition is not satisfied by March 3, 1995, then the
request for approval of the transfer shall be deemed denied until such time as this condition
has
been met.ADOPTED this 14 th day of
Februarv .
1995.
ATTEST:
4 (yor of the City of OrangeJ/
v d/>/~
tf71~ ~City Clerk~fth
CitfofOrange I hereby certify that the foregoing Resolution was duly and regularly adopted
by the City Council of the City of Orange at a regular meeting thereof held on the 14
th of Februarv. 1995, by the following
vote:
AYES:
NOES:
ABSENT:COUNCIL
MEMBERS:COUNCIL
MEMBERS:COUNCIL
MEMBERS:MURPHY, BARRERA, MAYOR COONTZ, SPURGEON,
SLATER
NONE
NONE
Q.~#~City Clerk of e Citf'Of
orange DAD:dg Reso No.
8456