RES-8396 Approving a Transfer of Controlling Interest in Cable FranchiseRESOLUTION NO. 8396
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE APPROVING A TRANSFER OF THE
CONTROLLING INTEREST IN THE CABLE FRANCmSE
GRANTED TO COMMUNITY CABLEVISION COMPANY
TO COX CABLE COMMUNICATIONS, INC.
WHEREAS, by Resolution No. 7084, dated June 14, 1988, the City of Orange
granted a non-exclusive cable television franchise to Community Cablevision
Company Community Cablevision"), a wholly-owned subsidiary of the Irvine
Company; and WHEREAS, by Resolution No. 8078, dated September 8, 1992, the
City of Orange approved the transfer of the cable television franchise
from Community Cablevision, as a wholly-owned subsidiary of the Irvine
Company, to Community Cablevision, as a wholly-owned subsidiary of Times Mirror
Cable Television of Orange
County, Inc. ("TMCT"); and WHEREAS, The Times Mirror Company ("Times Mirror")
is the current and ultimate controlling entity of TMCT
and Community Cablevision; and WHEREAS, Times Mirror has requested that the City
of Orange approve a transfer of the ownership and control of Community Cablevision
from Times Mirror to Cox Cable Communications,
Inc. ("Cox Cable"); and WHEREAS, Community Cablevision will continue to be
the franchise holder; and WHEREAS, pursuant to Section 13.82.090 of the
Orange City Code, cable television franchise transfers involving the transfer of 30 percent or
more of an ownership interest in the cable franchisee 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 system unless that system has been held by the
cable operator
for a three-year period; and WHEREAS, a cable operator
claiming an exernption to the anti-trafficking provisions rnust file a
certification with the franchising authority describing the transaction and
explaining why the exemption is justified; and WHEREAS, Times
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
Section 1:
That upon satisfaction of the following conditions, the transfer of the cable
television franchise held by Community Cablevision, as a wholly-owned subsidiary
of TMCT, to Community Cablevision, as a wholly-owned subsidiary of Cox
Cable, as represented to the City of Orange,
is approved:1. Cox Cable files a written acceptance of the terms and conditions
of Resolution 7084, any amendments thereto and Chapter 13.80 of the Code of the City of Orange
in a form satisfactory to the
City Attorney;2. Cox Cable submits all bonds, evidence of insurance and security
deposits as required by Resolution 7084 and Chapter 13.80 of the Code of the City of
Orange on forms satisfactory to the
City Attorney;3. Cox Cable files certificates of authenticity and authority on
forms satisfactory to the
City Attorney.4. Times Mirror executes an agreement with the City settling any
disputes arising from the City's current audit of franchise fee revenues received
from Community Cablevision during the time Times Mirror has owned and
controlled
Community Cablevision.
Section 2:That if any of the above conditions are not satisfied by November 9,
1994, then the request for approval of the transfer shall be deemed denied until such time
as all conditions have
been met.ADOPTED this ;>'i th day of ()(
otnhpr ,
1994.40/ayor of the City
of Orange A ITEST:
ProTern fn<
f-U~ ~~fl/City Cler f
the Ity; Orange Reso
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 25 th
of October. 1994, by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
SPURGEON, BARRERA, COONTZ, MURPHY
NONE
MAYOR BEYER
AA'/~ Ch~~R4t/
City Clerk of e Ci oft0range
DAD:dg Reso No. 8396
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