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HomeMy WebLinkAboutRES-1998-002 Transfer of Alert Cable TV Franchise to Time Warner - First Reading Resolution - 01-20-1998-5b~i~f !-~o - r~' 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 Warner 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 , 199 ATTEST: O NGE COUNTY BY: Clerk ame: Its: ~~ 9~ Date CONSENTED TO: ALERT LE T.V. OF NORTH CAROLINA, INC. BY• TIME WARNER ENTERTAINMENT - ADVA /NEWHOUSE PARTNERSHIP BY: