HomeMy WebLinkAboutRES CC 2005 2378 2005 0907RESOLUTION NO. 2005 -2378
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA DELEGATING AUTHORITY
TO THE CITY MANAGER TO REJECT ONE OR MORE
FCC FORMS 394 RELATING TO THE TRANSFER OF
THE CABLE TELEVISION FRANCHISE, AND /OR
CONTROL THEREOF, TO AN ENTITY CONTROLLED BY
TIME WARNER CABLE OR COMCAST CORPORATION
WHEREAS, the City of Moorpark has received one or more FCC
Forms 394 (collectively, the "Application ") requesting consent
of the City Council to the assignment of the Cable Television
Franchise granted to Adelphia (the "franchisee "), or control
thereof, to an entity ultimately controlled by Time Warner Cable
or Comcast Corporation; and
WHEREAS, the City Council of the City has determined that
the public interest is served by delegating to the City Manager,
or said individual designated by the City Manager in writing,
the authority to deny and reject the Application without
prejudice for certain reasons and upon certain grounds.
NOW, THEREFORE, the City Council of the City of Moorpark
does herby resolve as follows:
SECTION 1. The City Manager, or his /her written
designee, is hereby delegated the authority to reject the
Application, or any portion thereof, without prejudice for one
or more of the following reasons:
1. Failure to timely provide any "additional information
required by the terms of the Franchise Agreement or applicable
state or local law ";
2. Failure to timely provide any other requested
additional information;
3. Failure on the part of the Applicant to cooperate with
Staff, its attorneys and consultants, in performing due
diligence relating to the Application, the legal, technical, and
financial qualifications of the proposed Transferee and /or the
impact of the transaction upon cable television rates and /or
services;
Resolution No. 2005 -2378
Page 2
4. Failure to timely cure any outstanding breach of
franchise prior to or as an express condition of approval of the
transaction in a manner acceptable to the City Manager;
5. Failure to timely execute and deliver a Transfer
Agreement acceptable as to form and substance by the City
Manager; and
6. Filing mutually inconsistent FCC Forms 394 providing
for potentially different Transferees.
SECTION 2. The decision of the City Manager, pursuant
to the authority delegated and provided by this Resolution,
shall be made in writing and shall be deemed, without further
action of the City Council, to constitute an act of the
Franchising Authority within the meaning of 47 C.F.R. § 76.502
and a "final decision" of the City Council within the meaning of
§ 617(e) of the Cable Television Consumer Protection and
Competition Act of 1992, Pub. L. No. 103 -385, 106 Stat. 1477
(1992) .
SECTION 3. Any denial, disapproval, or rejection issued
pursuant to the authority of this Resolution shall be deemed
"without prejudice" to the ability of the Applicant to file
another FCC Form 394 relating to the same or a different
transaction. However, nothing herein shall limit the authority
of the City Council, the City Manager, or his /her written
designee, to reject any subsequent FCC Form 394 based upon the
same grounds set forth in the written notice of denial or such
other grounds as might exist in relation to said future FCC Form
394.
SECTION 4. The City r s certify to the adoption
of this resolution and sha cause a ce tified resolution to be
filed in the book of orig' al resolutions
PASSED AND ADOPTED this 7th day of ,eptkmber,
ck Hun W2 ',
ATTEST:
Deborah S. Traffenstetft, City Clerk
Resolution No. 2005 -2378
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of
Moorpark, California, do hereby certify under penalty of perjury
that the foregoing Resolution No. 2005 -2378 was adopted by the
City Council of the City of Moorpark at a regular meeting held
on the 7th day of September, 2005, and that the same was adopted
by the following vote:
AYES: Councilmembers Harper,
and Mayor Hunter
NOES: None
ABSENT: None
ABSTAIN: None
Mikos, Millhouse, Parvin
WITNESS my hand and the official seal of said City this
30th day of September, 2005.
Deborah S. Traffenst , City Clerk
(seal)