95-062 RESOLUTION NO. 95R-62
A RESOLUTION OF THE CITY OF ANAHEIM,
CALIFORNIA ACCEPTING, FOR THE PURPOSES OF
REVIEW, THE FCC FORM 394 SUBMITTED BY M L
MEDIA PARTNERS, L.P. RELATING TO A FRANCHISE
TRANSFER AND PRESCRIBING CERTAIN PROCEDURES
RELATING THERETO.
WHEREAS, the City of Anaheim (the "City") has entered into an
agreement granting a nonexclusive franchise to ML Media Partners,
L.P. (the "Operator") to operate a cable television system in the
City of Anaheim, California and setting forth conditions
accompanying the granting of the Franchise, (the "Franchise"); and
WHEREAS, pursuant to the Franchise, and the accompanying
franchise ordinance, neither the Franchise nor control of the
Operator may be transferred or assigned without the consent of the
City Council; and
WHEREAS, the Operator has filed on March 2, 1995 an FCC Form
394 dated February 23, 1995, seeking approval of a transfer of the
Franchise; and
WHEREAS, the City Council of the City of Anaheim now desires
to acknowledge receipt of the FCC Form 394 and prescribe procedures
for its review and consideration by the City.
NOW, THEREFORE, the City Council of the City of Anaheim does
hereby resolve as follows:
Section 1. The FCC Form 394 dated February 23, 1995, filed
by the Operator and Century Valley Cable Corp. ("Century") with the
City on or about March 2, 1995 is hereby deemed accepted, for the
purposes of review, analysis, consideration, as of March 2, 1995.
Section 2. The City Manager, the Assistant City Manager,
the City Attorney, and the City's Special Counsel are hereby
authorized and instructed to commence review and analysis of the
FCC Form 394 and obtain such additional information which they
determine necessary to properly analyze and make recommendations
upon the FCC Form 394.
Section 3. The City Manager is hereby authorized, without
further action of this Council, to reject the FCC Form 394 without
prejudice, and the approvals requested therein, without further
action of this City Council for the following reasons and upon the
following basis:
(1) A failure or refusal to file a proper FCC Form 394
with all information required therein.
FS2\ 124\012377-0034\2137892.1 a03/13/95
(2) A failure or refusal to provide all documents and
information requested by City Staff, Special Counsel, and
outside consultants retained by the City.
(3) A failure or refusal to reasonably cooperate with
City Staff, 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.
(4) A failure or refusal to demonstrate compliance with
the anti-trafficking restrictions contained in Section 617 of
the Cable Television Consumer Protection and Competition Act
of 1992 (the "1992 Cable Act") and the implementing
regulations of the Federal Communications Commission.
(5) The refusal of any assignee or transferee to accept,
without condition or 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.
Section 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.
APPROVED AND ADOPTED THIS 25~ day of ~ril , 1995.
ATTEST:
~.City Clerk
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. 95R-62 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 25th day of April, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Da[~z
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL:
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-62 on the
25th day of April, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 25th day of April, 1995.
~..CITY OF : ANAHEIM
CLERK
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 95R-62 was duly passed and adopted by the City Council of the City of Anaheim on
April 25, 1995.
4, CITY CLERK ANAHEIM