HomeMy WebLinkAboutRes 1496 - AT&T Corporation for Cable Franchise s
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Washington
Resolution No. N glo
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, CONSENTING
TO CHANGE OF CONTROL AND INTERNAL
RESTRUCTURING OF THE CITY CABLE
FRANCHISEE.
WHEREAS, by Ordinance No 1688, the City of Tukwila (the "City granted a
15 -year franchise for the construction, operation, and maintenance of a cable system
"cable franchise in the City of Tukwila to TCI Cablevision of Washington, Inc.,
"Franchisee and
WHEREAS, pursuant to the changes in ownership provisions of said cable
franchise, the Franchisee has properly notified the City of a substantial change in
ownership in the Franchisee or in an entity which directly or indirectly controls the
Franchisee at least one hundred twenty (120) days prior to the proposed effective
date of the change; and
WHEREAS, pursuant to said cable franchise, the Franchisee cannot complete
the proposed change in ownership without the City's approval, and
WHEREAS, the Franchisee is an indirect subsidiary of AT &T Corporation
("AT &T and AT &T intends to merge with Comcast Corporation "Comcast to
create a new company to be known as AT &T Comcast Corporation "AT &T
Comcast pursuant to the terms of an Agreement and Plan of Merger dated
December 19, 2001, by and among AT &T Corporation, AT &T Broadband
Corporation, Comcast Corporation and certain of their respective affiliates, and a
Separation and Distribution Agreement dated December 19, 2001, by and between
AT &T Corporation and AT &T Broadband Corporation (the "Merger and
WHEREAS, prior to the Merger and pursuant to an internal corporate
restructuring, the cable franchise or stock of the Franchisee, or indirect ownership of
the Franchisee, may be transferred through one or more internal transfers or mergers
to another direct or indirect subsidiary of AT &T, or Franchisee may elect as
permitted by law to convert or reorganize its legal form to a limited liability
company (together with the Merger, the "Transactions and
WHEREAS, following the Transactions, the resulting entity will be controlled
by AT &T Comcast but will continue to operate the cable system and continue to hold
and be responsible for performance of the cable franchise; and
WHEREAS, the Franchisee and AT &T Comcast have requested that the City
consent to the Transactions in accordance with the requirements of the cable
franchise, and have filed an FCC Form 394 "Transfer Application with the City
requesting such consent; and
WHEREAS, the City has reviewed the Transfer Application, examined the
legal, financial and technical qualifications of AT &T Comcast, followed all required
procedures in order to consider and act upon the Transfer Application, and
considered the comments of all interested parties, and
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ATT Comcast Franchise 6/28/02.doc
WHEREAS, the City is willing to consent to the Transactions,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS•
SPcfinn 1 Co nsent The City hereby consents to the Franchisee's change of
control and internal restructuring, the "Transactions," in accordance with the terms
of the cable franchise and applicable law
SPcfinn 9 F.ffPctivP Date This Resolution shall be deemed effective upon
adoption.
PASSED BY THE CITY COUNCIL OF THE C OF TUKWILA,
WASHINGTON, at a Regular Meeting thereof this JSt day of 2002.
ATTEST AUTHENTICATED•
A �W A f y r w yy f,{( Richard Simpson, Coun it President
b Jane E. Cantu, CMC, City Clerk
By XIJ�M
Office of the City Attorney
Filed with the City Clerk: az
Passed by the City Council. b
Resolution Number- I L4cf tD
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ATT Comcast Franchise 6/28/02.doc