Resolution - 9232RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA ACCEPTING,
TORTHEP.URpOSES OF"REVIEW; THE.F.CC..FORM
394 SUBMITTED BY CCT, INC. RELATING TO A
FRANCHISE TRANSFER AND PRESCRIBING
CERTAIN PROCEDURES RELATING THERETO.
WHEREAS, the City of West Covina (the "City") has entered into an agreement
granting a nonexclusive franchise to CCT Inc. (The "Operator") to operate a cable
television system in the City of West Covina, California and setting forth conditions
accompanying the granting of the franchise, (the "Franchise"); and
WHEREAS, pursuant to the Franchise, and the accompanying franchise
ordinance, neither the Franchise nor control of the Operator may be transferred or
assigned without the consent of the City Council; and
WHEREAS, the Operator has filed on April 28, 1995 an FCC Form 394, dated
April 20, 1995, seeking approval of a transfer of the Franchise; and
WHEREAS, the City Council of the City of West Covina now desires to
acknowledge receipt of the FCC Form 394 and prescribe procedures for its review and
consideration by the City.
NOW THEREFORE, the City Council of the City of West Covina does hereby
resolve as follows:
Section 1. The FCC Form 394 dated April 20, 1995, filed by the Operator
with the City on April 28, 1995 is hereby deemed accepted for the purposes of review,
analysis, consideration, as of April 28, 1995.
Section 2. The City Manager, Assistant City Manager, the City Attorney, the
City's Special Counsel, or their designees are hereby authorized and instructed to
commence review and analysis of the FCC Form 394 and obtain such additional
information which they determine necessary to properly analyze and make
recommendations upon the FCC Form 394.
Section 3, The City Manager is hereby authorized, without further action of
this Council, to reject the FCC Form 394 without prejudice, and the approvals requested
therein, without further action of this City Council for the following reasons and upon
the following basis:
(1) A failure or refusal to file a proper FCC Form 394 with all
information required therein.
(2) A failure or refusal to provide all documents and information
requested by City Staff, Special Counsel, and outside consultants retained by the
City.
(3) A failure or refusal to reasonably cooperate with City Staff,
Special Counsel, and outside consultants retained by the City in undertaking due
diligence investigations including, but not limited to, physical inspections of the
cable television system and inspection of records relating thereto.
(4) A failure or refusal to demonstrate compliance with the anti -
trafficking restrictions contained in Section 617 of the Cable Television
Consumer Protection and Competition Act of.1992 (the "1992 Cable Act") and
the implementing regulations of the Federal Communications Commission.
FCCF395.DOC/EM
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(5) The refusal of any assignee or transferee to accept, without
condition or reservation, the terms and conditions of the existing Franchise or to
require as a condition of consent or approval the amendment, modification,
extension, or alteration of the terms and conditions of the Franchise.
Section 4. Any decision made by the City Manager pursuant .to the authority
granted in this Resolution shall be deemed a decision of the City Council for the purposes
of Section 617 of the 1992 Cable Act and the implementing regulations of the Federal
Communications Commission.
APPROVED AND ADOPTED THIS �jfh day of Jun` -L , 1995.
Mayor
ATTEST:
City Clerk
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City
Council of the City of West Covina at a regular meeting thereof held on
June 6, 1995, by the following vote of the Council:
AYES: 7
NOES: D
ABSTAIN:
ABSENT: Monnfr5
City Clerk
APPROVED AS TO FORM:
City Attorney
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