R-9766
F:\ATTY\MUNI\LAWS\JL\Cable Res.doc
City Council Meeting 5-21-02
Santa Monica, California
RESOLUTION NUMBER 9766 eCCS)
(City Council Series)
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
RESCINDING RESOLUTION NUMBER 7312 (CCS)
WHEREAS, the City is authorized to grant, renew, and deny franchises for the
installation, operation, and maintenance of cable television systems, and otherwise to
regulate cable television within the City's boundaries by virtue of: (i) federal and state
statutes, (ii) the City's police powers, (ii) the City's status as a charter city, (iv) the City's
authority over its streets, and (v) other City powers and authority; and
WHEREAS, the City is authorized to grant one or more non-exclusive franchises for
the provision of cable service within the City by means of a cable system; and
WHEREAS, Theta Cable of California, Inc. ("Theta") was granted a nonexclusive
franchise by the City to operate a Cable Communications System in the City pursuant to
Ordinance Number 756 (CCS), adopted on October 10, 1967, and extended pursuant to
Ordinance Number 1074 (CCS), adopted on December 13,1977; and
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WHEREAS, Theta's assets were transferred without the City's approval to
Teleprompter Corporation ("Teleprompter"), and subsequently from Teleprompter to Group
W Cable, Inc. ("Group W"), and subsequently from Group W to Century Southwest Cable
Television, Inc. ("Century"); and
WHEREAS, Century entered into a management and purchase agreement to
acquire the assets of the Group W cable system in the City, and Century requested that
the franchise be transferred to it, and that a new franchise agreement be entered into
between the City and Century; and
WHEREAS, the City adopted Resolution Number 7312 (CCS) terminating Theta's
and/or Group W's franchise agreement with the City as of December 13, 1987, and
denying consent to the transfer of the franchise from Group W to Century; and
WHEREAS, the City agreed to take no action against Century to enforce the
expiration or termination of the franchise while the parties attempted to resolve the dispute
regarding the transfers; and
WHEREAS, the City adopted a Cable Ordinance (Ordinance 6.108 of the Santa
Monica Municipal Code) ("Ordinance"), which establishes provisions for the granting and
regulation of Cable Communications System franchises; and
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WHEREAS, in February, 1999, Century requested consent to transfer the System to
Century-TCI, a partnership owned approximately 75% by Century and 25% by certain
affiliates of TCI; and
WHEREAS, in May, 1999, Century notified the City of planned change of control of
Century through a parent-level merger with Adelphia Communications Corporation
("Adelphia"); and
WHEREAS, Adelphia completed the Century acquisition in October, 1999, and the
Century-TCI partnership was completed in November, 1999; and
WHEREAS, to date the City has not consented to the transfer of the Theta franchise
to any other parties; and
WHEREAS, the City and Adelphia and Century- TCI have resolved their dispute and
the parties have agreed to enter into a cable franchise renewal agreement and settlement
agreement; and
WHEREAS, the City has determined that granting of a cable franchise renewal on
the terms set forth herein is in the public interest and in the interest of the City and its
residents.
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NOW, THEREFORE, the City Council of the City of Santa Monica does resolve as
follows:
SECTION 1. Resolution Number 7312 (CCS) is rescinded in its entirety effective
upon the execution and effective date of the franchise agreement entered into between the
City and Century-TCI California, L.P. d/b/a Adelphia Cable Communications.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
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Adopted and approved this 21st day of May, 2002.
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Resolution No. 9766 (CCS) was duly adopted at a
meeting of the Santa Monica City Council held on the 21st of May, 2002, by the
following vote:
Ayes: Council members:
O'Connor, Bloom, Genser, Mayor Pro Tem
McKeown, Mayor Feinstein
Noes: Council members:
Katz
Abstain: Council members:
None
Absent: Council members:
Holbrook
~TTEST: I
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Maria Stewart, City Cler