Resolution No. 4501 • 419
RESOLUTION NO. 4501
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA ACCEPTING, FOR THE PURPOSES OF REVIEW, THE FCC FORM 394
SUBMITTED BY PROVIDENCE JOURNAL COMPANY RELATING TO A CHANGE IN
CONTROL, PURSUANT TO A MERGER WITH CONTINENTAL CABLEVISION, INC.
AND PRESCRIBING CERTAIN PROCEDURES RELATING THERETO.
WHEREAS, the City of Cypress (the "City" ) has entered into an
agreement granting a nonexclusive Franchise to Copley/Colony
Cablevision of Cypress, Inc . to operate a cable television system
in the City of Cypress, California and setting forth conditions
accompanying the granting of the Franchise, dated May 29, 1984 (the
"Franchisee" ) ; and
WHEREAS, Copley/Colony Cablevision of Cypress, Inc . (the
"Franchisee") is wholly owned, either directly or indirectly, by
Providence Journal Company ( "PJC" ) ; and,
WHEREAS, pursuant to the Cypress City Code (the "Ordinance" ) ,
neither the Franchise nor control of the Franchisee may be
transferred or assigned without the consent of the City Council;
and,
WHEREAS, PJC has filed an FCC Form 394 seeking approval of a
change in control of the Franchisee; and
WHEREAS, the City Council of the City of Cypress 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 Cypress does
hereby resolve as follows :
Section 1 . The FCC Form 394 , filed by PJC and Continental
Cablevision, Inc. ( "Continental" ) with the City is hereby deemed
accepted, for the purposes of review, analysis, consideration, as
of March 2, 1995 .
Section 2 . The City Manager, the Personnel
Director/Administrative Services Director, the City Attorney, and
the City' s Special Counsel are hereby authorized and instructed to
commence review and analysis of the FCC Form 394 and attain 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.
420
(5) A preliminary determination that the Franchisee is
in breach of its 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.
PASSED AND ADOPTED by the City Council of the City of Cypress
at a regular meeting held on the 26th day of June , 1995 .
`YOR OF THE CITY OF % PRESS
ATTEST:
1//7-7,YY4-41‘
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY
CERTIFY that the foregoing Resolution was duly adopted at a regular
meeting of the said City Council held on the 26th day of June 1995;
by the following roll call vote :
AYES : 5 COUNCIL NUMBERS: Bowman, Carroll, Jones, Kerry and Age
NOES : 0 COUNCIL MEMBERS : None
ABSENT: 0 COUNCIL MEMBERS : None
CITY CLERK OF THE/TY OF CYPRESS
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