99-088RESOLUTION NO. 99R- 88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM, CALIFORNIA ACCEPTING, FOR THE
PURPOSE OF REVIEW, THE FCC FORM 394 SUBMITTED
BY CENTURY VALLEY CABLE CORP. RELATING TO A
FRANCHISE TRANSFER AND PRESCRIBING CERTAIN
PROCEDURES RELATING THERETO
WHEREAS, the City of Anaheim
agreement granting a nonexclusive
Corp. (the "Operator") to operate
City and setting forth conditions
franchise, (the "Franchise"); and
(the "City") has entered into an
franchise to Century Valley Cable
a cable television system in the
accompanying the granting.-of the
WHEREAS, pursuant to the City's CATV Franchise Ordinance, the
Franchise Agreement between the City and Century Valley Cable
,_ Corp., neither the Franchise nor control of the Operator may be
changed, transferred or assigned without the consent of *_he City
Council; and
WHEREAS, the Operator has filed an FCC Form 394, dated January
13, 1999 seeking approval of a transfer of the Franchise to
Century-TCI California, L.P. (the "Transferee"); and
WHEREAS, the City Council of the City now desires to
acknowledge receipt of said FCC Form 394 and prescribe procedures
for its review and consideration by the City.
NOW THEREFORE, BE IT kESOLVED BY THE COUNCIL OF THE CITY OF
ANAHEIM AS FOLLOWS:
1. The FCC Form 394 dated January 13, 1999 is hereby deemed
accepted for the purposes of review, analysis, consideration. Said
--- review shall not constitute a waiver of the City's rights to
determine compliance with the existing Cable Franchise and to take
appropriate action therewith.
2. The City Manager, Assistant City Manager, City Attorney,
the City's Special Counsel, outside consultants designated by the
City, or their designees are hereby authorized and i.i~structed to
commence review and analysis of the FCC Form 394 and obtain such
additional information which they determine necessai~•y to proper7.y
analyze and make recommendations upon the FCC Form 394.
3. The City Manager is
action by this Council, to
prejudice, and the approvals
action of this City Council for
following bases:
hereby authorized, without further
reject the FCC Form 394 witYiout
requested therein, without further
the following reasons and upon the
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1
A. Failure or refusal to file a proper FCC Form 394
with all information required therein.
B. Failure or refusal to provide all documents and
information requested by City Staff, Special Counsel, and outside
consultants retained by the City.
C. Failure or refusal to reasonably cooperate with
City Staff, City Attorney, Special Counsel and outside consultants
retained by the City in undertaking due diligence investigations
including, but not limited to, physical inspections of the cable
television system and inspection of records relating thereto.
D. Failure or refusal to demonstrate compliance with
the Cable Television Consumer Protection and Competition Act of
1992 (the "1992 Cable Act"), any and all implementing regulations
of the Federal Communications Commission, or any other applicable
-. local, state or federal law.
E. Refusal of any assignee or transferee to accept,
without condition of reservation, the terms and conditions of the
existing Franchise or to require as a condition of consent or
approval the amendment, modification, extension or alteration of
the terms and conditions of the Franchise.
F. An actual or announced change in control of the
Transferee, or any limited or general partner thereof, which
occured subsequent to the date of the FCC Form 394.
4. Any decision made by the City Manager pursuant to the
authority granted in this Resolution shall be deemed a decision of
the City Council for the purposes of Section 617 of the 1992 Cable
Act and the implementing regulations of the Federal Communications
Commission.
This Resolution is adopted thisllth day of May 1999.
~~
Ma r
ATTES
h-~Q.- `~
City Clerk
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2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-88 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 11th day of May 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-88 on the 11th day of May, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 11th day of May, 1999.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original of Resolution No. 99R-88 was duly passed and adopted by the City Council of the City
of Anaheim on May 11th 1999.
E~
CITY CLERK OF THE CITY OF ANAHEIM