HomeMy WebLinkAboutAgenda - 01-20-1998 - 5bORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No. 5-6
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 20, 1998
SUBJECT: Transfer of Alert Cable TV Franchise to Time Warner-First Reading
DEPARTMENT: Manager's Office
PUBLIC HEARING: (Y/1~ t
BUDGET AMENDMENT: (Y/l~ e>Y.
ATTACHMENT(S):
Resolution
INFORMATION CONTACT:
Albert T. Kittrell, Assistant County Manager
TELEPHONE NUMBERS: - -ext. 2300
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 227-2031
PURPOSE: To adopt a resolution approving the transfer of Alert Cable TV Franchise to Time
Warner Cable.
BACKGROUND: On August 22, 1995 the Board approve the purchase(transfer of control) of
Alert Cable to Time Warner. Although the transfer of ownership was approved, Time Warner did
not request transfer of the Cable TV Franchise from Alert.
In November 1997 Orange County and other local governments in the Triangle azea received
appropriate documentation from Time Warner requesting approval to transfer Alert Cable TV
Franchise to Time Warner. The consultants with the Triangle J Council of Governments Cable
Consortium have reviewed the documentation submitted by Time Warner and advise local
governments in the area to adopt the attached resolution. Also, the County Cable TV Committee
Chair and staff have reviewed the documentation.
The resolution requires two readings of the Board.
RECOMMENDATION(S): The Manager recommends that the Boazd adopt the resolution
approving the transfer of Alert Cable TV Franchise to Time Wazner.
ORANGE COUNTY
RESOLUTION NO.
WHEREAS, Alert Cable T.V. of North Carolina, Inc. ("Alert") is the holder of a
franchise to provide cable television service for the Orange County (the "Franchise"); and
WHEREAS, Alert has proposed to transfer the Franchise to Time Warner
Entertainment-Advance/Newhouse Partnership ("TWEAN°); and
WHEREAS, TWEAN will be bound~by the terms and conditions of the Franchise
subject to applicable law.
NOW THEREFORE, be it resolved that, insofar as may be necessary or advisable
under the Franchise, transfer of the Franchise and the cable television system operating
pursuant to the Franchise from Alert to TWEAN (including any necessary transfers through
one or more Time Wamer entities) is hereby authorized and consented to in all respects.
This transfer shall not affect any ongoing franchise renewal proceedings which shall
continue subject to the provisions of 47U.S.C.546, except that, upon transfer of the-
Franchise TWEAN shall succeed to the rights and obligations of Alert in the renewal
process. Since the transfer of the Franchise to TWEAN involves no change in control, the
Orange County may, after the transfer of the Franchise to TWEAN, consider in any
ongoing renewal proceedings the past performance of Alert while under common control
with TWEAN to the extent permitted under 47U.S.C.546, as if it were the past performance
of TWEAN.
Passed this day of , 1997
ATTEST:
ORANGE COUNTY
BY:
Clerk Name:
Its:
Date
CONSENTED TO: ALERT T.V. OF NORTH CAROLINA, INC.
BY•
TIME WARNER ENTERTAINMENT -
ADVA NEWHOUSE PARTNERSHIP
BY: