HomeMy WebLinkAboutResolution No. 368-18 - CableFranchiseTransfer
RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City does
hereby approve the assignment of the Charter Cable Franchise.
WHEREAS, CC VIII Operating, LLC (hereinafter referred to as “Grantee”), currently holds
a cable television franchise (“Franchise”) granted by the City of Rochester, Minnesota (“City”);
and
WHEREAS, Grantee operates a cable television system (“System”) that provides cable
services and other communication services in the City; and
WHEREAS, Charter Communications, Inc., (“Charter”) is the ultimate parent company of
Grantee; and
WHEREAS, on or about October 1, 2018 the City received from Grantee, FCC Form 394
- Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable
Television Franchise (“Application”); and
WHEREAS, under the Application Grantee and Charter have requested the City’s
approval of the proposed assignment of the Franchise (“Assignment”) from Grantee to Spectrum
Mid-America, LLC, a Delaware limited liability company (“Spectrum”); and
WHEREAS, Spectrum will become the new holder of the Franchise in the City; and
WHEREAS, Federal law and the terms of the Franchise require that the City take action
to consider the Application within one hundred twenty (120) days of the date of receipt, or on or
before January 29, 2019; and
WHEREAS, Minnesota state law and the Franchise require the City’s advance written
consent prior to the proposed Assignment; and
WHEREAS, the City has reviewed the Application and the proposed Assignment, and
based on information provided by Grantee and information otherwise publicly available, the City
has elected to approve the Assignment subject to certain conditions as set forth herein.
NOW, THEREFORE, the City of Rochester, Minnesota hereby resolves as follows:
1. All of the above recitals are hereby incorporated by reference as if fully set forth
herein.
2. The Franchise is in full force and effect and Grantee is the lawful holder of the
Franchise.
3. The City hereby consents and approves of the Assignment as set forth in the
Application.
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4. The City’s consent to the Assignment shall not serve to waive any rights the City
may have under applicable law to hold the Grantee or Spectrum liable for any and all
liabilities, known and unknown, under the Franchise.
5. The City expressly reserves any and all rights it may have under applicable law to
enforce compliance with the terms of the Franchise against Grantee and Spectrum.
6. In the event the Assignment contemplated by the Application is not completed, for
any reason, the City’s consent shall not be effective and shall be null and void.
This Resolution shall take effect and continue and remain in effect from and after the date
of its passage, approval, and adoption.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF ______________, 2018.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF _____________________, 2018.
__________________________________
MAYOR OF SAID CITY
Seal of the City of
Rochester, Minnesota)
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