Loading...
Item C28 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Mav 15. 2002 Division: Management Services Bulk Item: Yes ----X- No Department: Technical Services AGENDA ITEM WORDING: Approval of a resolution approving the Change of Control of the AT&T Corp. cable television franchise from AT&T Corp. to AT&T Comcast Corporation ITEM BACKGROUND: AT&T Corp., and the Comcast Corporation have announced their intention to combine their cable systems into a new public company, AT&T Comcast Corporation. Attached resolution will allow the merger to take place. PREVIOUS RELEVANT BOCC ACTION: BOCC approval of resolution number 074-1999 on the 11th of Februrary, 1999, approving the change of control of the TCI Cablevision of Florida, Inc. to AT&T Corp. CONTRACT I AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approve TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: None REVENUE PRODUCING: Yes X No AMOUNT PER MONTH YR APPROVED BY: County Atty _ OMB/PurchaS.ing ~ Risk Management DIVISION DIRECTOR APPROVAL: -~~ DOCUMENTATION: Included To Follow X Not ReqUired DISPOSITION: AGENDA ITEM # c..... .J# MAY-01-02 14,25 FROM,MONRO~ ~UUNTY ATTY Urrl~~ lU'~~~~~~~~10 r,..,l.:Iw ~/ "" RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING THE CHANGE OF CONTROL OF THE CABLE TELEVISION FRANCHISE FROM AT&T CORP. TO AT&T COMCAST CORPORATION -2002 WHEREAS, on or about February 25, 2002, Monroe County received notification of the proposed change of control of the cable television franchise: and WHEREAS, pursuant to Ordinance No. 09-1989, as amended, of Monroe County, and the franchise agreement, no such change of control may occur without prior approval of the Board of County Commissioners; and WHEREAS, the County has required that the applicant fulfill the obligations of Section 14 of the County Cable Communications Code and Sections 16 of the cable television franchise and provide information on the proposed transaction including details on the legal, financial, technical and other qualifications of the transferee and on the potential impact of the transfer on subscriber rates and service; and WHEREAS, under FCC Rules, 47 CFR Section 76.502, Monroe County has 120 days fr.om the date of submission of a 'completed FCC Form 394, together with all Exhibits, and any additional information required by the franchise agreement or applicable state or local law, to act upon an application to sell, assign, or otherwise transfer controlling ownership of a cable system; and WHEREAS, in the event the proposed transaction between AT&T Corp. and AT&T Comcast Corporation is not consummated or does not reach final closure for any reason, or in the event such closure is reached on terms substantially or materially different to the terms described in the FCC FOI1T! 394 and exhibits thereto or AT&T Comcast Corporation does not register as a foreign corporation with the State of Florida, this Resolution shall be null and void. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Section 1. Monroe County, reserving such rights as are stated below hereby consents to the change of control of Monroe County Cable Television Franchise from AT&T Corp. to AT&T Comcast Corporation. Section 2. That the consent granted herein does not and should not be construed to constitute a waiver of any right of the County under Ordinance No. 009-1989 of Monroe County and the cable television franchise; and further, this consent shall not prejudice the County's rights with respect to the enforcement, renewal or transfer of the current cable television franchise and any amendments thereto. Section 3. That the consent herein granted applies exclusively to the following communities, as identified in the Form 394 which AT & T submitted to the County: CUIN FL 0366 (Little Torch Key) CUIN FL 0469 (Monroe-UO, KW) CUIN FL 0617 (Key Largo) CUIN FL 0991 (Ocean Reef) Section 4. of the Franchise. That the County hereby reserves all of its rights to enforce the provisions HAV-01-02 14.25 FROM.MONROE ~UUNrY Arry U~~l~~ lU'~~b~~~~O'O r,..,~~ ..., ... Section 5. That the consent herein granted is limited to the right to provide cable services, and to the extent not otherwise prohibited by applicable law, Tel Cablevision of Georgia, Inc. and AT&T Comcast Corporation shall be required to obtain any lawful authorization from the County prior to providing any other services within the County. Section 6. That this Resolution shall have the force and effect of continuing the agreement between Monroe County, Florida, the Franchise Authority, and TCI Cablevision of Georgia, Inc., whose control was previously transferred to AT&T Corp. Section 7. That the County hereby reserves aU of its rights pursuant to Federal, state and local law including, but not limited to the rights in (a) the franchise renewal process including, but not limited tOt the right to consider viOlations of the franchise; (b) the franchise transfer process including, but not limited to. the right to act upon any application to sell, assign or otherwise transfer controlling ownership of the cable system; and (c) the enforcement of the current cable television Ordinance No. 009-1989, as amended and the current cable television franchise as amended. Section 8. That the consent herein granted is an express non-waiver and reservation of Monroe County's rights and authority with respect to enforcement of TCI Cablevision of Georgia, Inco's compliance with applicable law including, but not limited to, Monroe County's Cable Television Ordinance No. 009-1989 and franchise agreement. TCI Cablevision of Georgia, Inc., shall be liable for any and all violations of said law and agreement notwithstanding whether any such violation arose prior to the effective date hereof. The County's approval of the transaction shall in no way be deemed a representation by the County that TCI Cablevision of Georgia, Inc. is in compliance with its obligations under Cable Television Ordinance No. 009- 1989 or the cable television franchise agreement. Section 9. That the consent granted herein IS subject to TCI Cablevision of Georgia, Inc.'s compliance with all other applicable legal requirements and the County does not waive and expressly reserves the right to enforce full compliance with applicable ordinance and franchise requirements, whether or not any non-compliance that may be determined arose before or after the change of control of the TCI Cablevision of Georgia, Inc. from AT&T Corp. to AT&T Comcast Corporation. Section 10. That this Resolution shall become effective upon the date of its adoption herein. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of . 2002. Mayor Char1es McCoy Mayor Pro T em Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Nora Williams (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By; By: MAYOR Deputy Clerk