CC Resolution 1995-050^"H RESOLUTION NO.95-SO
A RESOLUTION OF THE CITY OF LA QUINTA, CALIFORNIA
ACCEPTING, FOR THE PURPOSE OF REVIEW, THE FCC FORM 394
SUBMITTED BY PROVIDENCE JOURNAL RELATING TO A FRANCHISE
TRANSFER AND PRESCRIBING CERTAIN PROCEDURES RELATING THERETO.
WHEREAS, the City of La Quinta the City") has entered into an agreement
granting a nonexclusive franchise to Providence Journal the Operator") to operate a
cable television system in the City of La Quinta, 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 February 8,1995 an FCC Form 394, dated
February 8,1995, seeking approval of a transfer of the Franchise; and
WHEREAS, the City Council of the City of La Quinta 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 La Quinta does hereby
resolve as follows:
Section 1. The FCC Form 394 dated February 8,1995, filed by the Operator
with the City on or about February 8,1995 is hereby deemed accepted, for the
purposes of review, analysis, consideration, as of February 8,1995.
Section 2. The City Manager is hereby authorized, without further action of
this City 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.
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
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^"Hsystem 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 Completion Act of 1992 the 1992 Cable Act") and the implementing
regulations of the Federal Communications and Commission.
5) The refusal of any assignee or transferee to accept, without
condition or reservation, the terms and conditions of the proposed draft Franchise
renewal.
Section 3. 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 20th day of June, 1995 by the following vote:
AYES: Council Members Bangerter, Cathcart, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
JOHN PE A, Mayor
City of La Quinta, California
AUNDRA L. J OLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
*
DAWN C. EL City Aftorney
City of La Quinta, California
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