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HomeMy WebLinkAboutRES NO 307-06 RESOLUTION NO. 3 0 '( - 0 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD CONDITIONALLY CONSENTING TO THE SALE OF A CABLE TELEVISION SYSTEM FROM CEBRIDGE ACQUISITIONS, LP TO THE BRIGHT HOUSE NETWORKS, LLC AND THE SURRENDER OF A CABLE TELEVISION FRANCHISE AND TERMINATION AND ABANDONMENT OF SERVICE BY CEBRIDGE ACQUISITION, LP. WHEREAS, on April 5, 2006, the City Council of the City of Bakersfield (the "City") passed and adopted Resolution No. 093-06 consenting to the transfer of a franchise (the "Franchise") to operate a cable television system (the "System") within the City and the franchise agreement (the "Franchise Agreement") memorialized in the City of Bakersfield Agreement No. 95-229 related thereto from CoxCom, Inc. to Cebridge Acquisitons, LP d/b/a/ Suddenlink Communications ("Suddenlink"); and WHEREAS, such consent to the transfer was subject to certain conditions, which Suddenlink subsequently complied with ("the "Franchise Agreement" together with the "Franchise" are collectively referred to herein as the "Franchise Rights"); and WHEREAS, on October 13, 2006, Suddenlink notified the City that it had entered into an Asset Purchase Agreement dated September 20, 2006 (the "Agreement") with Bright House Networks, LLC ("Bright House Networks") and Advance/Newhouse Partnership; and WHEREAS, pursuant to the Agreement, Suddenlink proposes to sell and assign to Bright House Networks the System and certain assets related thereto (the "Transaction"); and WHEREAS, on August 30, 1995, the City granted the Time Warner Entertainment-Advance/Newhouse Partnership a non-exclusive cable television franchise, which franchise was transferred and assigned to Bright House Networks on December 31, 2002, with the approval of the City in accordance with that certain franchise agreement memorialized in the City of Bakersfield Agreement No. 95-228; and WHEREAS, Bright House Networks currently operates a cable television system in the City; and WHEREAS, effective as of the closing of Transaction, Suddenlink seeks to surrender its Franchise Rights and terminate and abandon service in the City as Suddenlink believes that the public interest, convenience and necessity no longer fQ"'K~ ~ ?>Ol .:.... ~ t: ~ <..:> <::) 1 ORIGINAL require that Suddenlink furnish service as authorized or required by the Franchise Rights as Bright House Networks will provide such cable service to Suddenlink's subscribers; and WHEREAS, Sudden link has requested the consent of the City Council to sell and transfer the System to Bright House Networks and to surrender its Franchise Rights and terminate and abandon service in the City and has provided all information necessary in order to facilitate a decision by the City Council; and WHEREAS, the Franchise Agreement requires the City to hold a public hearing regarding the abandonment of the Franchise Rights and requires Suddenlink to provide fifteen days' notice of the hearing to all of its cable subscribers and Suddenlink has done so; and WHEREAS, City staff is familiar with the financial, technical and legal abilities of Bright House Networks to fulfill the obligations associated with the System, followed all required procedures to consider and act upon this matter, and considered the comments of all interested parties and has found the sale and transfer of the System to be in the public interest and recommends that the City Council approve the transfer of the System to Bright House Networks; and WHEREAS, City staff has reviewed the application of Suddenlink to surrender its Franchise Rights and terminate service in the City, followed all required procedures to consider and act upon the application, and considered the comments of all interested parties and has found that the public interest, convenience and necessity no longer require that Suddenlink furnish service as authorized or required by the Franchise Rights and recommends that the City Council approve the surrender of Suddenlink's Franchise Rights and the termination and abandonment of its service in the City; and WHEREAS, City understands that various federal agencies must consent to the transfer of the System from Sudden link to Bright House Networks and that, without such consent, there will be no sale of the System to Bright House Networks. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals and findings are true and correct and are incorporated herein by reference; 2. The requisite public hearing was duly noticed; 3. The City Council hereby conditionally consents to (a) the sale and transfer of the System from Sudden link to Bright House Networks and (b) the surrender by Suddenlink of its Franchise Rights and the termination and abandonment of Suddenlink's service in the City; 2 ~ fQ"'K~?> () ~ .:.... - I- m _ r- <..:> <::) ORIGINAL 4. The City finds it to be in the public interest, convenience and necessity to permit Suddenlink to abandon its Franchise Rights, as Bright House Networks has the ability to and will continue to provide the same or better cable service to Suddenlink's current subscribers; 5. The City Council's consent to the sale and transfer to Bright House Networks of the System and the surrender by Suddenlink of its Franchise Rights and the termination and abandonment of Suddenlink's service in the City shall be effective only upon the closing of the Transaction (the "Effective Date") and Bright House Networks shall notify the City after the closing of the Transaction; 6. If, for any reason, the Transaction cannot or does not go forward, there will be no abandonment by Suddenlink of its Franchise Rights and it must continue to provide service to its subscribers pursuant to the Franchise Agreement; 7. The City Council confirms that Suddenlink is in material compliance with the provisions of the Franchise Rights and the City Council releases Suddenlink, upon the Effective Date, from all obligations and liabilities arising in connection with the System and the Franchise Rights that accrue on and after the Effective Date; and Bright House Networks shall be responsible for any obligations and liabilities arising in connection with the System that accrue on and after the Effective Date. --------------000-------------- 3 fOAKc?> ~ ~ .:.... - I- m _ r- <..:> <::) ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adoptEid ~~ the Council of the City of Bakersfield at a regular meeting thereof held on NOV ~ ~ 2 6 by the following vote: * ABSTAIN: ABSENT: ~ -- a----.........- ..-- -- COUNCILMEMBER: M~~G!~D-,- CARSON, BENHAM, COUCH. HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER: ~ COUNCILMEMBER: COUNCILMEMBER: ~JiJ,~ /fSf>t. CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV 2 9 2006 By HARVEY L. HALL Mayor APPROVED as to form: VIRGINIA GENNARO City Attorney By: S:\COU NCI L \Resos\suddenlinkcableabandonmentfnl.doc 4 ~ fQfl../(c~ o ~ .:.... -- 5 G ORIGINAL