Loading...
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