HomeMy WebLinkAboutResolution 97-24RESOLUTION 97-24
RESOLUTION WITHDRAWING WITHOUT PREJUDICE
NOTICE OF FRANCHISE VIOLATION(S) PENDING
FEDERAL COMMUNICATIONS COMMISSION ACTION
WHEREAS, the Columbia Heights Telecommunications Commission ("Commission") makes
recommendations to the City of Columbia Heights ("City") regarding administration of the
franchise between the City, and Group W Cable of Columbia Heights, Inc. ("Company"),
WHERE;kS, the franchise between the City and Company requires approval of the City prior
to consummation of any sale or other transfer of Company,
WHEREAS, purchase of Company by Continental Cablevision, Inc. ("Continental"), and
nearly simultaneous merger of Continental with US West, Inc., or a subsidiary thereof
(~USW"), was approved by the City subject to a number of conditions, including specifically
that ~all necessary local, state, and federal authorizations" be obtained prior to
consummation of such transaction,
WHEREAS, the Commission and City previously determined that said transaction was
consummated without all necessary approvals, notwithstanding the fact that legal counsel to
the City had notified the parties to the transactions that such approvals had not been
finally obtained,
WHEREAS, the City has found Company in violation of the franchise for closing the sale
transaction without all necessary approvals,
WHEREAS, the City has previously resolved to withhold legal notification of Company for
violation of the franchise, and the consent Resolution relating to this transaction, during
such time as discussions and negotiations regarding these issues is ongoing between City,
Company, and Continental/USW,
WHEREAS, the propriety of certain approval received by USW in acquiring Continental and
Company are currently on appeal before the Federal Communication Commission ("FCC")~
WHEREAS, the Commission has asserted in proceedings before the FCC and in numerous
prior communications with the Company, Continental, and USW, that the City is, pursuant to
the Telecommunications Act of 1996, entitled to hold a proceeding to determine whether
acquisition of Company by USW would negatively impact competition for telecommunication
services in the local market,
WHEREAS, on February 18, 1997, a "forum" was held with Company, and Continental/USW, for
the purpose of receiving information regarding the competitive impact of the purchase of
Company by USW,
WHEREAS, final City action to approve or deny acquisition of Company by USW will be
addressed by action of the FCC, and any appeals thereof,
NOW, THEREFORE, BE IT RESOLVED T~IAT, the Commission recommends to the City withdrawal
of, without prejudice, the prior City determination of franchise violation referred to
herein, and notice thereof, pending final resolution by the FCC of issues presented
regarding this transaction, and any appeals thereof.
FURTHER, nothing herein shall be deemed to waive any right of the Commission or the
City to raise, address, or account for the issues raised herein in review of any subsequent
request for transfer or divestiture approval.
Passed this 24th day of February
, 1997.
Offered by: Ruettimann
Seconded by: Jones
Roll Call: AIl ayes
~-~nne Stu~eJt, ~Cou~l Secretary