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ORDINANCE NO. 1351
<br /> SERIES 2000
<br />
<br />AN ORDINANCE CONSENTING TO THE TRANSFER OF THE
<br />TELEVISION FRANCHISE FROM COMCAST CORPORATION
<br />ATLANTIC, INC., DOING BUSINESS AS AT&T BROADBAND.
<br />
<br />CABLE
<br />TO TCI
<br />
<br /> WHEREAS, the City of Louisville, Colorado granted a cable television franchise
<br />to Scripps Howard Cable Company, a Colorado corporation, pursuant to Ordinance No.
<br />1197, Series 1995 (the "Franchise"); and
<br />
<br /> WHEREAS, Scripps Howard Cable Company, a Colorado corporation was
<br />indirectly controlled by Scripps Howard, Inc., and the E.W. Scripps Company; and
<br />
<br /> WHEREAS, Scripps Howard, Inc., and the E.W. Scripps Company, on October
<br />28, 1995, entered into an Agreement and Plan of Merger with Comcast Corporation
<br />("Comcast"), whereby upon the closing of the transactions contemplated by the
<br />Agreement, control of Scripps Howard Cable Company, a Colorado corporation,
<br />transferred to Comcast; and
<br />
<br /> WHEREAS, the Franchise granted pursuant to Ordinance No. 1197, Series 1995,
<br />continued to be held by Scripps Howard Cable Company, but pursuant to Ordinance No.
<br />1215, Series 1996, the City consented to the transfer of control of the Franchise to
<br />Comcast; and
<br />
<br /> WHEREAS, Comcast and AT&T Corporation ("AT&T"), on August 11, 2000,
<br />entered into an Asset Exchange Agreement, whereby upon the closing of the transactions
<br />contemplated by the Agreement, the interest in the Franchise will be transferred to
<br />AT&T; and
<br />
<br /> WHEREAS, in connection with the Asset Exchange Agreement, and pursuant to
<br />the requirements .of the Franchise and federal law, AT&T has filed with the City an FCC
<br />Form 394 Application for Transfer of the Cable Television Franchise (the "Application"),
<br />to transfer the Franchise fi'om Comcast to TCI Atlantic, Inc. ("TCI") doing business as
<br />AT&T Broadband, a wholly-owned subsidiary of AT&T; and
<br />
<br /> WHEREAS, the City has reviewed the' status of the Franchise, and has received
<br />and reviewed information from Comcast and AT&T concerning the technical, legal and
<br />financial ability of AT&T to comply with the Franchise; and
<br />
<br /> WHEREAS, based upon the City's investigation, and representations made to the
<br />City by Comcast and AT&T, upon which the City is relying, the City is prepared to
<br />approve the transfer of the Franchisee from Comcast to AT&T, pursuant to the conditions
<br />described herein.
<br />
<br />
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