HomeMy WebLinkAbout15-114RESOLUTION NO. 15-114
APPROVING THE PROPOSED TRANSFER OF
THE CABLE FRANCHISE CURRENTLY HELD BY
CC VIII OPERATING, LLC D/B/A CHARTER COMMUNICATIONS
WHEREAS, CC VIII Operating, LLC (hereinafter referred to as "Grantee"), currently
holds a cable television franchise ("Franchise") granted by the City of Lakeville, Minnesota
("Cita").
WHEREAS, Grantee owns, operates and maintains a cable television system in the City
("System") pursuant to the terms of the Franchise.
WHEREAS, on May 23, 2015, Charter Communications, Inc. ("Charter
Communications"), the ultimate parent company of Grantee, directly and indirectly, with its
subsidiary CCH 1, LLC ("New Charter"), entered into agreements with Advance/Newhouse
Partnership and A/NPC Holdings LLC (collectively "A/N"), the ultimate parent company of
Bright House Networks, LLC ("BHN"), Time Warner Cable Inc. ("TWC"), and Liberty
Broadband Corporation ("Liberty") (collectively "the Agreements"), the purpose of which are to
effectuate the acquisition of BHN and merge with TWC (the "Transactions"); and
WHEREAS, Charter Communications will merge with and into New Charter, and all
shares of Charter Communications will be converted into shares of New Charter, and New
Charter will assume the Charter Communications name; and
WHEREAS, pursuant to the Agreements, A/N, TWC shareholders, and Liberty will
acquire ownership interests in New Charter; and
WHEREAS, on or about July 1, 2015 the City received from Grantee, FCC Form 394 -
Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable
Television Franchise ("Application"); and
WHEREAS, Federal law, and the terms of the Franchise require that the City take action
to consider the Application within one hundred twenty (120) days of the date of receipt, or on or
before October 29, 2015; and
WHEREAS, Minnesota state law and the Franchise require the City's advance written
consent prior to the Grantee's change in ownership; and
WHEREAS, as a result of the proposed Transactions Grantee has requested consent
from the City to the proposed change in ownership; and
WHEREAS, the City has reviewed the proposed Transactions, and based on information
provided by Grantee and information otherwise publicly available, the City has elected to
approve the proposed Transactions subject to certain conditions as set forth herein.
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NOW, THEREFORE, the City of Lakeville, Minnesota hereby resolves as follows:
1. All of the above recitals are hereby incorporated by reference as if fully set forth
herein.
2. The Franchise is in full force and effect and Grantee is the lawful holder of the
Franchise.
3. The City hereby consents and approves the proposed Transactions.
4. Grantee will be the lawful holder of the Franchise after completion of the
Transactions.
5. The City's consent to the Transactions shall not serve to waive any rights City
may have under applicable law to hold Grantee liable for any and all liabilities, known
and unknown, under the Franchise.
6. In the event the proposed Transactions contemplated by the foregoing resolution
are not completed, for any reason, the City's consent shall not be effective and shall be
null and void.
This Resolution shall take effect and continue and remain in effect from and after the date
of its passage, approval, and adoption.
Approved by the City of Lakeville, Minnesota this 5th day of October, 2015.
CITY OF LAKEVILLE, MINNESOTA
BY:
Matt itittle, May
ATTEST:
Charlene Friedges, City Cl
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