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HomeMy WebLinkAboutReso 2014-084 - Comcast Corporation RESOLUTION NO. 2014-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING AUTHORIZING CONSENT TO TRANSFER CONTROL OF THE CABLE TELEVISION FRANCHISE AGREEMENT FROM CHARTER COMMUNICATIONS, INC TO COMCAST CORPORATION WHEREAS,Falcon Cable Systems Company II,L.P. (Franchisee)is the duly authorized holder of a franchise,as amended to date(the Franchise),authorizing Franchisee to serve the City of Redding, CA(the Franchise Authority) and to operate and maintain a cable television system therein; and WHEREAS, Charter Communications, Inc. (Charter) is -the ultimate parent company of Franchisee; and WHEREAS, on April 25, 2014, Charter and Comcast Corporation (Comcast) entered into the Comcast/Charter Transaction Agreement (the Agreement), pursuant to which the Franchisee will become a wholly-owned subsidiary of Comcast (the Transaction); and WHEREAS, Franchisee has filed an FCC Form 394 with the Franchise Authority with respect thereto; and WHEREAS, the Franchise Authority has considered and approves of the Transaction. NOW, THEREFORE, IT IS HEREBY RESOLVED and ordered by the City Council of the City of Redding the following: 1. The foregoing recitals are approved and incorporated herein by reference. 2. The Franchise Authority consents to the Transaction. 3. The Franchise Authority confirms that the Franchise is valid and outstanding, and in full force and effect and there are no defaults under the Franchise. Subject to compliance with the terms of this Resolution, all action necessary to approve the transfer.of control of the Franchisee to Comcast has been duly and validly taken. 4. Comcast or the Franchisee may (a) assign or transfer its assets, including the Franchise, provided that such assignment of transfer is to an entity directly or indirectly controlling,controlled by or under common control with Comcast; (b)restructure debt or change the ownership interests among existing equity participants in.Comcast; (c) pledge or grant a security interest to any lender(s) of Comcast's assets,including,but not limited to,the Franchise,or of interest in Comcast,for purposes of securing any indebtedness; and (d) sell equity interests in Comcast or any of Comcast's affiliates. O 5. Upon closing of the Transaction, the Franchisee shall remain bound by the lawful terns and conditions of the Franchise. t 6. This Resolution shall be deemed effective upon adoption. 7. This Resolution shall have the force of a continuing agreement with the Franchisee, and the Franchise Authority shall not amend or otherwise alter this Resolution without the consent of the Franchisee and Comcast. I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at a special meeting of the City Council of the City of Redding on the 5th day of August, 2014, by the following vote: AYES: COUNCIL MEMBERS: Cadd,Jones,McArthur, & Sullivan NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Bosetti ABSTAIN: COUNCIL MEMBERS: None CIE SULLIVAN, Vice Mayor ATTEST: 'r' FORM APPROVED: r r ERESA` UDOLPH,Assistant City Clerk RICHARD A. DUVERNA ity Attorney