HomeMy WebLinkAboutItem 06.o
Date: Item No.
RESOLUTION APPROVING THE ASSIGNMENT OF
THE CHARTER CABLE FRANCHISE
Proposed Action
Staff recommends adoption of the following motion: Move to adopt a resolution approving the
assignment of the Charter cable franchise from Charter Cable Partners, LLC to Spectrum Mid-
America, LLC.
Overview
Charter is simplifying its operating structure by reducing the number of operating entities and
subsidiaries. Charter Cable Partners, LLC is a subsidiary of Charter Communications Inc. and is
the authorized holder of the franchise in the city. As part of the reorganization, Charter Cable
Partners, LLC will merge into Spectrum Mid-America, LLC, another subsidiary of Charter
Communications Inc. If the transfer is completed, Spectrum Mid-America, LLC will thereafter
hold the cable television franchise in the city.
The request from Charter was sent to Brain Grogan with Moss and Barnett for review, the city’s
cable franchise attorney. Mr. Grogan recommends City Council approval of the transfer by
passage of the attached resolution.
Primary Issues to Consider
Will this affect the on-gong franchise renewal discussions?
• The approval of this resolution maintains the current franchise and will not affect the current
discussions regarding the renewal of the franchise. It will only change the ownership of the
franchise from Charter Cable Partners, LLC to Spectrum Mid-America, LLC.
Financial Impact: No Budgeted: Y☐ N☐ Source:
Related Documents: Envision Lakeville Community Value: Good Value for Public Services
Report Completed by: Allyn Kuennen, Assistant City Administrator
November 19, 2018
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RESOLUTION NO.
APPROVING THE ASSIGNMENT OF
THE CHARTER CABLE FRANCHISE
WHEREAS, Charter Cable Partners, LLC (hereinafter referred to as “Grantee”), currently holds a
cable television franchise (“Franchise”) granted by the City of Lakeville, Minnesota (“City”); and
WHEREAS, Grantee operates a cable television system (“System”) that provides cable services
and other communication services in the City; and
WHEREAS, Charter Communications, Inc., (“Charter”) is the ultimate parent company of
Grantee; and
WHEREAS, on or about October 1, 2018 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, under the Application Grantee and Charter have requested the City’s approval of
the proposed assignment of the Franchise (“Assignment”) from Grantee to Spectrum Mid-
America, LLC, a Delaware limited liability company (“Spectrum”); and
WHEREAS, Spectrum will become the new holder of the Franchise in the City; 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 January 29, 2019; and
WHEREAS, Minnesota state law and the Franchise require the City’s advance written consent
prior to the proposed Assignment; and
WHEREAS, the City has reviewed the Application and the proposed Assignment and, based on
information provided by Grantee and information otherwise publicly available, the City has
elected to approve the Assignment subject to certain conditions as set forth herein.
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 of the Assignment as set forth in the Application.
4. The City’s consent to the Assignment shall not serve to waive any rights the City may have
under applicable law to hold the Grantee or Spectrum liable for any and all liabilities,
known and unknown, under the Franchise.
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5. The City expressly reserves any and all rights it may have under applicable law to enforce
compliance with the terms of the Franchise against Grantee and Spectrum.
6. In the event the Assignment contemplated by the Application is 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
approval.
Approved by the City of Lakeville, Minnesota this 19th day of November 2018
ATTEST: CITY OF LAKEVILLE, MINNESOTA
By: By:
Its: City Clerk Its: Mayor