CC - 1998-54 - Granting Application to Paul G. Allen and Charter Communications Entertainment II, LLp - Non- Exclusive Cable Television FranchiseRESOLUTION NO. 98-54
A RESOLUTION OF THE CITY COUNCIL OF THE
THE CITY OF ROSEMEAD GRANTING THE
APPLICATION OF PAUL G. ALLEN AND CHARTER
COMMUNICATIONS ENTERTAINMENT H, LLP AND
RELATED COMPANIES TO ASSIGN AND TRANSFER
CONTROL OF THE NON-EXCLUSIVE CABLE TELEVISION
FRANCHISE IN THE CITY OF ROSEMEAD TO PAUL G.
ALLEN
WHEREAS, the City of Rosemead ("CITY") granted to the predecessors of Charter
Communications Entertainment II, L.P., a franchise as set forth in the franchise agreement dated June
27, 1985, to own and operate a cable television system in the City of Rosemead; and
WHEREAS, on July 20, 1998, Charter entered into a Purchase Agreement (the "Agreement")
with Paul G. Allen ("Buyer"); and
WHEREAS, the Agreement provides for the sale of stock, transfer of control and the
restructuring of Charter; and
WHEREAS, Charter and Buyer ("Applicants") filed an FCC Form 394 Application for
Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise with
CITY on or about August 18, 1998; and
WHEREAS, CITY has duly conducted a thorough review and investigation into the legal,
technical and financial qualifications of the Buyer to own and operate the cable television system in light
of the above-references FCC Form 394; and
WHEREAS, all written comments and staff reports have been received and made a part of the
record; and
WHEREAS, following review and investigation, the CITY has concluded that the Applicants
have established that, with the assurances provided by Applicants, the Buyer meets the legal, technical
and financial criteria to operate the cable television system and the Applicants have satisfied all criteria
set forth in and/or under all applicable or required City of Rosemead and federal documents, laws, rules
and regulations, including FCC Form 394, for this transfer.
NOW, THEREFORE, BE IT RESOLVED, that in consideration of the foregoing and the
premises set forth herein, the CITY agrees to the following:
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SECTION 1.
1. CITY consents to the restructuring of Charter and the transfer of control/assignment of
franchise of the cable television system serving CITY to the Buyer (or a specifically
identified and approved designee entity of Buyer).
2. CITY further consents to the change of name or corporate designation attendant with
the restructuring of Charter, if any, as set forth within FCC Form 394;
3. CITY confirms and (a) the Franchise is valid and outstanding and in full force and
effect; (b) there have been no amendments of modifications to the Franchise, except
as set forth herein; ® Charter is materially in compliance with the provisions of the
Franchise; and (d) there are no defaults under the Franchise, or events which, with
Giving of notice or passage of time or both, could constitute events of default
thereunder.
SECTION 2. This resolution shall take effect immediately.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED by the Rosemead City Council on this 15'" day of December,
1998.
MAYOR
CITY OF ROSEMEAD
ATTEST:'
Nancy Valderrama, City Clerk
City of Rosemead
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF ROSEMEAD
I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Resolution No. 99-54 being:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
GRANTING THE APPLICATION OF PAUL G. ALLEN AND CHARTER
COMMUNICATIONS ENTERTAINMENT H, LLP AND RELATED
COMPANIES TO ASSIGN AND TRANSFER CONTROL OF THE NON-
EXCLUSIVE CABLE TELEVISION FRANCHISE IN THE CITY OF
ROSEMEAD TO PAUL G. ALLEN
was duly adopted at a Regular Meeting of the Rosemead City Council on the 14th day of
December, 1998, by the following vote to wit:
AYES:
CLARK, BRUESCH, IMPERIAL, VASQUEZ, TAYLOR
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
C7
NANCY ALDERRAMA
AGENDA:CERTIFY
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