HomeMy WebLinkAboutResolution No. 95-C730
RESOLUTION NO. 95-C73
A RESOLUTION OF THE CITY OF AZUSA, CALIFORNIA
ACCEPTING, FOR THE PURPOSES OF REVIEW, THE FCC
FORM 394 SUBMITTED BY CCT, INC. RELATING TO A
FRANCHISE TRANSFER AND PRESCRIBING CERTAIN
PROCEDURES RELATING THERETO.
WHEREAS, the City of Azusa (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
Azusa, 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 May 1, 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 Azusa 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 Azusa does
hereby resolve as follows:
Section 1. The FCC Form 394 dated April 20, 1995, filed by
the Operator with the City on or about May 1, 1995 is hereby deemed
accepted, for the purposes of review, analysis, consideration, as
of May 1, 1995.
Section 2. The City Administrator, 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 Administrator 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.
AW110 s
(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.
(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 Administrator
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 5th= day of June , 1995.
I HEREBY CERTIFY that the foregoing Resolutiom was duly adopted by the City
Council o>f-fthe City of Azusa at a regular meeting there6f,held ontthe-
-5th- day of June , 1995, by the following vote of the Council:
AYES: COUNCILMEMBERS:HARDISON,MADRID,NARANJO,BEEBE,ALEXANDER
NOES: COUNCILMEMBERS:NONE
ABSENT: COUNCILMEMBERS:NONE
IW%1241013552-000412139553.1 a05/10193 —2—
ABSENT:
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