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RESOLUTION NO. 2005-08 A RESOLUTION CONSENTING TO THE TRANSFER OF THE FRANCHISE TO OPERATE A CABLE COMMUNICATIONS SYSTEM WITHIN THE CITY LIMITS OF THE CITY OF MOSCOW, IDAHO, FROM PULLMAN TV CABLE COMPANY INCORPORATED TO TIME WARNER NY CABLE, LLC A DELA WARE LIMITED LIABILITY COMPANY. WHEREAS, Pullman TV Cable Company, dba Adelphia Cable Communications is the current franchisee of certain franchise rights to operate a cable television system within the city limits of the City of Moscow granted under Moscow City Ordinance No. 2003-16; and WHEREAS, this Council has been advised that Time Warner NY Cable LLC (hereinafter sometimes referred to as "Time Warner Cable") has agreed to acquire the cable TV system serving Moscow, Idaho and the franchise therefor, and that Time Warner Cable, as the Operator and franchisee thereunder, will continue to abide by all commitments as set forth in Moscow City Ordinance No. 2003-16; and WHEREAS, Time Warner Cable has advised this Council that it will adhere to the provisions, terms and conditions of Moscow City Ordinance No. 2003-I 6 including any obligation to provide local progran1Uling grants and funding, subject to any federal or state preemption which has occurred or may occur after the adoption of this ordinance; and WHEREAS, the City has reviewed the transfer application (including Federal Communications Commission Form 394) and conducted its review of the legal, technical and financial qualifications of Time Warner Cable; and WHEREAS, all written comments and staff reports have been received and made part of the record; and WHEREAS, the City believes it is in the City's interest to approve the transfer as described in the transfer application; WHEREAS, a public hearing was held on July 5, 2005 to receive public comment regarding the technical, legal, and financial qualifications of Time Warner Cable to carry out the terms of the franchise; and WHEREAS, the City finds that it has not been shown that the City or the Cable TV subscribers will be damaged by the requested transfer of control; WHEREAS, it now appears to this Council that, in connection with the rights and obligations granted and incurred under Moscow City Ordinance No. 2003-16 to Adelphia, this Council should consent to the transfer of the franchise to Time Warner NY Cable, LLC. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Moscow as follows: RESOLLTIO:-.J 2005- 08 CABLE FRANCHISE CONTROL TRANSFER PAGE I OF 3 ---PAGE BREAK--- L That the transfer of the franchise from Pullman TV Cable Company, Incorporated, a Washington corporation dba Adelphia Cable Communication to Time Warner NY Cable, LLC, a Delaware LLC, pursuant to Article V, SectionS of Moscow City Ordinance No. 2003-16, be and hereby is approved; and 2. That the Mayor be and is hereby authorized to execute a Consent to Transfer, on behalf of the City of Moscow, Idaho in connection with the transfer under Moscow City Ordinance No. 2003-16; provided, however, that the City of Moscow reserves the right to approve any future assignment of the rights under such Ordinance or any future transfer or other transaction whereby control of the franchise is held other than directly or indirectly by Time Warner Cable to the extent so provided in the Ordinance; and 3. That this consent is contingent upon written acceptance by Time Warner Cable in fonn acceptable to the Moscow City Attorney, of all tenns and conditions of Ordinance 2003-16 including its obligation to provide local programming grants and funding; and 4. That, if in the future Time Warner Cable and! or Pullman Cable/Adelphia offer services other than those currently authorized by the City's franchise and any applicable laws, Time W amer Cable and! or Pullman Cable/ Adelphia will obtain any necessary federal, state or local authorization prior to the introduction of such services over the City's system. Implicit in this statement is the obligation to pay to the City any fees, taxes or other assessments as may be lawfully levied. Passed by the City Council of the City of Moseow and Approved by the Mayor this S'h day ofJuly, 2005. £J w ATTEST: RESOLUTJON 2005- 08 CABLE FRANCHISE CONTROL Th A I I I I ---PAGE BREAK--- CONSENT TO TRANSFER OF CONTROL Pursuant to Moscow City Council Resolution No. 2005-08, City of Moscow, State of Idaho, does hereby consent to the transfer of control of Adelphia Communications Corporation, to the control, directly or indirectly, of Time Warner NY Cable, LLC, a Delaware Limited Liability Corporation. Dated this 5'11 day of July, 2005. ATTEST: RESOLCTJON 2005 • 08 CITY OF MOSCOW, a municipal Corporation of the State ofldah CABLE FRANCHISE CONTROL TRANSFER PAC>E 3 OF 3