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
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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
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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