HomeMy WebLinkAboutAGENDA REPORT 1999 0421 CC REG ITEM 09DTO:
FROM:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
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CITY OF MOORPARK, CALIFORNIA
City Council Meeting
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BY. e 1, _
John E. Nowak, Assistant City Manager
07 April 1999 (Council meeting of 04- 21 -99)
SUBJECT: Consider Resolution No. 99- Approving a Change
of Control for the Cable Television Franchise
held by Mountain Meadows Cable Television /
Entertainment Express, Ltd. to Century Cable of
Northern California.
BACKGROUND_t On January
cable television franchise
Television / Entertainment
20, 2000. One of the reas(
EEL an opportunity to find
assume the franchise. Cei
through its subsidiary Ceni
is proposing to assume
franchise.
20, 1999, the City extended the
held by Mountain Meadows Cable
Express Ltd. (EEL) to December
ins for the extension was to give
a buyer of the cable system and
itury Communications Corporation,
:ury Cable of Northern California
the Moorpark cable television
DISCUSSION: In 1984 the City of Moorpark approved a cable
television franchise for Mountain Meadows Cable Television.
On January 20, 1999, the City Council adopted Resolution
No. 99 -1565 extending the cable television franchise held
by Mountain Meadows Cable Television / Entertainment
Express Limited to December 20, 2000, and making other
modifications to the franchise. EEL is proposing to
transfer that franchise to Century Cable of Northern
California, a subsidiary of Century Communications
Corporation.
0®0013
Change of Control - Cable Franchise
Meeting of 21 April 1999
Page 02
The required Federal Communications Commission form was
submitted indicating the proposed operator's qualifications
to assume the franchise operations. The application was
reviewed by the City Council's Ad Hoc Committee on the
Entertainment Express Franchise (Councilmembers Evans and
Harper) and a meeting was held with the current and
proposed franchise owners. Based on the experience of
Century Communications in providing cable television
services and its financial capacity, there is no basis on
which to deny the change of control pursuant to the
Moorpark Municipal Code.
Century Communications has agreed to abide by all
provisions of the current franchise agreement, which
incorporate the modifications made by Resolution 99 -1565.
A fee of $15,000 will be paid to the City upon approval of
the change of control as required by the resolution.
Resolution No. 99- will approve the change of control of
the cable television franchise from Mountain Meadows Cable
Television / Entertainment Express Ltd. to Century
Communications of Northern California and incorporates
therein relevant provisions of Resolution No. 99 -1565.
RECOMMENDATION: Staff recommends that the City Council:
1. Open the public hearing and take public testimony;
2. Close the public hearing; and
3. Adopt Resolution No. 99- approving a change of
control of the cable television franchise currently held by
Mountain Meadows Cable Television / Entertainment Express,
Ltd. to Century Communications of Northern California
subject to the conditions contained therein.
Attached: Resolution No. 99-
000U164
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING THE CHANGE OF
CONTROL OF THE CABLE COMMUNICATIONS FRANCHISE
HELD BY MOUNTAIN MEADOWS CABLE TELEVISION AND
ENTERTAINMENT EXPRESS, LTD.
WHEREAS, Mountain Meadows Cable Television /
Entertainment Express Ltd. (hereinafter "Franchisee ") is
duly authorized to operate and maintain a cable
communications system in Moorpark, California (hereinafter
the "System ") by the City of Moorpark (hereinafter
"Franchise Authority ") pursuant to a franchise (hereinafter
"Franchise ") granted by the Franchise Authority in June
1984; and
WHEREAS, pursuant to an Asset Purchase Agreement by
and among Century Cable of Northern California (hereinafter
"Century "), Entertainment Express, Ltd. and Mountain
Meadows Cable Television Franchisee will transfer ownership
of all assets related to the Franchise to Century; and
WHEREAS, Century will continue to operate the
Franchise after consummation of the transactions between
Franchisee and Century pursuant to the conditions set forth
in the Moorpark Municipal Code, the Franchise and
Resolution No. 99 -1565; and
WHEREAS, Moorpark Resolution No. 99 -1565 extended the
current franchise held by Franchisee to December 20, 2000,
and imposed certain other conditions related to said
extension; and
WHEREAS, Federal Communication Commission's Form 394
with respect to the transactions has been filed with the
Franchise Authority; and
WHEREAS, Section 5.06.312 of the Moorpark Municipal
Code requires the City's consent for any change in control
of a franchise prior to the change in control occurring;
and
00M66
Resolution No. 99-
Page 02
WHEREAS, Franchisee has agreed to pay Franchising
Authority an administrative fee of fifteen thousand dollars
($15,000) upon approval of the change of control of the
Franchise; and
WHEREAS, Mountain Meadows Cable Television /
Entertainment Express Ltd. and Century Cable of Northern
California have requested consent by the Franchise
Authority to the Transactions; and
WHEREAS, the Franchising
Cable of Northern California
and financial qualifications
document.
Authority has found Century
to meet the technical, legal
as set forth in the FCC 934
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Franchise Authority hereby consents
to and approves a change in control of the Franchise as a
result of the Asset Purchase Agreement to the extent such
consent is required by the terms of the Franchise and the
Moorpark Municipal Code.
SECTION 2. That the administrative fee of $15,000
shall be due and payable within ten (10) days of the
adoption of this resolution.
SECTION 3, That Century agrees to adhere to all of
the conditions set forth by the City Council in Resolution
No. 99 -1565 for the extension of the Franchise to December
20, 2000, and including those specifically as stated
hereafter:
(1) Century shall assure that continuous and good
quality transmission of a Channel 10 signal
(consistent with the quality of the signal
received by Grantee from the Tele- Communications,
Inc. of Ventura County signal connection) is
provided and maintained to all subscribers and
Resolution No. 99-
Page 03
that such transmission is included in `Basic
Cable Service'.
(2) Six (6) channels added to the basic service by
Franchisee at no additional cost to subscribers
(Cartoon Network, Comedy Channel, E!, Sci -Fi,
Animal Planet and Golf Cannel) as part of the
basic lineup shall remain as such through
December 31, 1999.
(3 ) No increase shall take place to the current rates
during the 1998 -99 cycle that covers the period
of December 1, 1998, through November 30, 1999.
Any proposed rate increase after that date shall
be subject to all applicable Federal laws and
regulations, applicable franchise agreements and
prior notification to the City.
(4) A direct customer service telephone line is to be
established to handle complaints from
subscribers.
(5) After July 1, 1999, no local franchise holder
office is to be established within a residential
zoned area of the City.
(6) Cable service installation and operation to each
of the three (3) public schools located within
the franchise service area (including wiring to a
primary building and Basic service programming)
shall be provided no later than seventy -two (72)
hours after notification that the Moorpark
Unified School District has provided adequate
conduit access to the site.
(7) All other applicable provisions of Resolution No.
99 -1565 shall remain in full force and effect.
SECTION 4. This Resolution shall become effective
upon its adoption and compliance with Section 2 above.
MCC 67
Resolution No. 99-
Page 04
SECTION 5. The City Clerk shall certify to the
adoption of this resolution and shall cause a certified
resolution to be filed in the book of original Resolutions.
PASSED AND ADOPTED this 21st day of April 1999.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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