CC Resolution 1999-058Z7 RESOLUTION NO.99-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA; ACCEPTING, FOR THE PURPOSE OF REVIEW, THE FCC
FORM 394 SUBMITTED BY MEDIAONE, INC., RELATING TO A
FRANCHISE TRANSFER FOR CABLE TELEVISION SERVICES AND
PRESCRIBING CERTAIN PROCEDURES RELATING THERETO
WHEREAS, the City of La Quinta the City") has entered into an agreement
granting a nonexclusive franchise to MediaOne, Inc. The Operator'1) to operated a
cable television system in the City and setting forth conditions accompanying the
granting of the franchise, the Franchise"); and
WHEREAS, pursuant to the City's Franchise Ordinance and the Franchise
Agreement between the City and the Operator, neither the Franchisee nor control of
the Operator may be changed, transferred or assigned without the consent of the City
Council; and
WHEREAS, the Operator has filed an FCC Form 394 seeking approval of a
transfer of the Franchise to an entity controlled by Time Warner Cable the
Transferee"); and
WHEREAS, the City Council of the City of La Quinta now desires to
acknowledge receipt of said FCC Form 394 and prescribe procedures for its review and
consideration by the City.
NOW, THEREFORE, the City Council of the City of La Quinta does hereby
resolve as follows:
1. The FCC Form 394 filed by the Operator with the City is hereby deemed
accepted for the purposes of review, analysis, and 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 Manager, or
their designees 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.
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3. The City Manager is hereby authorized, without further action by 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 bases:
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
Televison Consumer Protection and Competition Act of 1 992 the
1 992 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 cor?ditions 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. Refusal to commit not to make material changes to the existing
operations of the Operator.
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.
PASSED, APPROVED and ADOPTED by the City Council of the City of La
Quinta, California this 1 81h day of May, 1 999 by the following vote:
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AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None JOHi#PENi;;;r
City of La Quinta, California
ATTEST:
i?iDRA L.JUOLA, City Clerk
CIty of La Quinta, California
APPROVED AS TO FORM:
DAWN C. HONFYW?LL, City Attorney
City of La Quinta, California
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