HomeMy WebLinkAbout173-98RESOLUTION NO. 173-98
CONSENTING TO A CHANGE IN CONTROL OF THE CABLE
TELEVISION FRANCHISE HELD BY TCI
WHEREAS, Telecommunications, Inc. (TCI) is authorized to operate and maintain a cable
television franchise within the Town of Danville pursuant to a Franchise Agreement entered
into by TCI and the Town; and
WHEREAS, TCI has entered into a merger agreement with AT&T Corporation (AT&T),
dated June 23, 1998, under which agreement TCI will become a wholly owned subsidiary of
AT&T; and
WHEREAS, as a result of the merger, TCI will continue to hold the franchise; and
WHEREAS, Danville Municipal Code Section 17-6.5 prohibits the transfer of any cable
television franchise, including through a merger, without the prior consent of the Town; and
WHEREAS, Municipal Code Section 17-6.5 limits the Town's review of any transfer to the
financial ability of the new franchise holder to fulfill the obligations of the franchise and
further provides that the Town' s consent shall not be unreasonably withheld; and
WHEREAS, TCI has filed FCC Form 394 with the Town, as required by federal law; and
WHEREAS, there is no basis under Municipal Code Section 17-6.5, the Franchise
Agreement or Section 613(d) of the federal Cable Act to withhold the Town's consent to the
change in control of TCI's cable television franchise; now, therefore, be it
RESOLVED, that the Town of Danville consents to the change in control of the TCI cable
television franchise subject to the condition that the change in control shall not affect any of
the obligations of TCI pursuant to the Franchise Agreement.
APPROVED by the Danville Town Council at a regular meeting on November 17, 1998, by
the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Waldo, Arnerich, Doyle, Greenberg,
None
None
None
Shimansky
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK