HomeMy WebLinkAboutRes. 00.07- Franchise, Cable Televison
RESOLUTION NO. ~"per
RESOLUTION OF MAYOR AND THE COUNCIL OF THE CITY OF REXBURG,
IDAHO, APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE
WHEREAS, Upper Valley Telecable Company, Inc. (Upper Valley) owns, operates and
maintains a cable television system (the system) in the City of Rexburg, Idaho (the Franchise
Authority), pursuant to a cable franchise (the Franchise), and Upper Valley is the duly authorized
holder of the Franchise;
WHEREAS, Upper Valley, various affiliates of AT&T Corp., and Cable One, Inc.
(Cable One) are parties to an Asset Exchange Agreement dated as of August 3, 2000 (the
Exchange Agreement), that provides for the transfer of the System and the Franchise from Upper
Valley to Cable One (the transfer) at the closing of the transaction contemplated by the Exchange
Agreement (closing); and
WHEREAS, Upper Valley and Cable One have requested consent by the Franchise
Authority to the Transfer in accordance with the requirements of the Franchise and have filed an
FCC Form 394 with the Franchise Authority; and
WHEREAS, the Franchise Authority has investigated the qualifications of Cable One
and finds it to be a suitable transferee,
NOW, THEREFORE, BE IT RESOLVED BY THE FRANCHISE AUTHORITY
AS FOLLOWS:
SECTION 1. The Franchise Authority hereby consents to and approves, subject to
applicable law, the assignment by Upper Valley of its right, title and interest in the Franchise to
Cable One, and the assumption by Cable One of the obligations of Upper Valley under the
Franchise which arise from events or circumstances occurring from and after the Closing.
SECTION 2. The Franchise Authority confirms that: (a) the franchise is currently in
full force and effect; (b) Upper Valley is materially in compliance with the provisions of the
franchise; and (c) there exists no fact or circumstance known to the Franchise Authority which
constitutes or which, with the passage of time or the giving of notice or both, would constitute a
material default or breach under the Franchise or would allow the Franchise Authority to cancel
or terminate the right thereunder, except upon the expiration of the full term of the franchise.
SECTION 3. This Resolution shall be deemed effective for purposes of the Transfer
upon closing.
PASSED, ADOPTED AND APPROVED, this ; `~ day of ~~ : , 2000.
By: ~ __-
ATTEST:
G~~~ ~~~ ~~~~~~
Clerk
I, the undersigned, being the duly appointed, qualified and acting Clerk of the City of Rexburg,
Idaho, hereby certify that the foregoing Resolution No~~ is a true, correct, and accurate
copy s duly and lawfully passed and adopted by the governing body of the City on the /~-day
of C~ , 2000.
By: G~ 0~ C~/`LG~~~i~
Clerk