Section 101-138 Ord. 16393; Approving the Transfer of a Cable Television Franchise from Falcon/Capital Cable Partners, L.P. to Charter Communications Entertainment I, L.L.C.


Ordinance No.           16393               Council Bill No.            B 81-00A           

AN ORDINANCE

approving the transfer of a cable television franchise from Falcon/Capital Cable Partners, L.P. to Charter Communications Entertainment I, L.L.C.; and fixing the time when this ordinance shall become effective.

    WHEREAS, on April 3, 1989, the City granted a cable television franchise to Cable America Corporation; and

    WHEREAS, on June 19, 1989, the City approved the transfer of the cable television franchise from Cable America Corporation to Falcon/Capital Cable Partners, L.P.; and

    WHEREAS, Falcon/Capital Cable Partners, L.P. and Charter Communications Entertainment I, L.L.C. have entered into an agreement for the sale of Falcon/Capital Cable Partners’ Columbia cable system to Charter Communications Entertainment I, L.L.C.; and

    WHEREAS, Falcon/Capital Cable Partners, L.P. has requested the City to consent to the transfer of the cable television franchise.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The City Council finds that the proposed transfer of the cable television franchise from Falcon/Capital Cable Partners, L.P. to Charter Communications Entertainment I, L.L.C. will not adversely affect the public interest; provided that the following conditions are met:
            
    a.    At the request of the City, Charter Communications Entertainment I, L.L.C. shall provide quarterly reports to the City providing information on (1) the monthly service call percent (2) number of missed on-time guarantee, and (3) number of National Cable Television Association recordable customer complaints.

    b.    To the extent permitted by federal law, the City, by amendment to the Columbia Cable Television Regulatory Ordinance (currently codified as chapter 10 of the City Code), may require the provision of nondiscriminatory access to franchisee’s cable modem platform for providers of Internet access service.

    c.    In all areas of the City where the City replaces overhead electric service with underground facilities, Charter Communications Entertainment I, L.L.C., shall, at its expense, place its cables and wires in the area underground.    

    SECTION 2. The City of Columbia approves the proposed transfer of the cable television franchise from Falcon/Capital Cable Partners, L.P. to Charter Communications Entertainment I, L.L.C., subject to the conditions set forth in Section 1.

    SECTION 3. The City of Columbia consents to the assignment of agreements related to the cable television franchise transferred from Falcon/Capital Cable Partners, L.P. to Charter Communications Entertainment I, L.L.C.  This consent applies to the pole attachment agreement dated May 18, 1993, the railroad crossing agreements of September 26, 1985 and March 22, 1983 between the Norfolk and Western Railway Company, the City’s predecessor in interest and Falcon/Capital Cable Partners, L.P.’s predecessor in interest.  The City Manager is authorized to execute documents consenting to the assignment of these agreements and any other agreements related to the transfer of the cable television franchise.

    SECTION 4.  This ordinance shall take effect ten days after its passage provided that within that time Charter Communications Entertainment I, L.L.C. has filed its unconditional acceptance of the terms of the franchise and the conditions of transfer of franchise set forth in section 1.  The unconditional acceptance of franchise shall be in the form of “Exhibit A” which is attached to and made a part of this ordinance.

    PASSED this 20th day of March, 2000.

EXHIBIT A

UNCONDITIONAL ACCEPTANCE OF FRANCHISE

Charter Communications Entertainment I, L.L.C. unconditionally accepts the terms and conditions of the cable television franchise granted to Cable America Corporation on April 3, 1989 and transferred to Falcon/Capital Cable Partners, L.P. on June 19, 1989 and agrees to comply with and abide by all provisions, terms and conditions of the franchise.

Charter Communications Entertainment I, L.L.C. unconditionally accepts the governing authority of the Columbia Cable Television Regulatory Ordinance, (chapter 10 of the Code of Ordinances, City of Columbia, Missouri) and agrees to comply with and abide by all provisions, terms and conditions of the Regulatory Ordinance, as now in effect and as may be amended, in the operation of the cable television franchise.

Charter Communications Entertainment I, L.L.C. unconditionally accepts the conditions of transfer set forth in Ordinance No. __________ which conditionally approved the transfer of the cable television franchise to Charter Communications Entertainment I, L.L.C. and agrees to comply with and abide by all conditions of the transfer.
        
                                                     CHARTER COMMUNICATIONS ENTERTAINMENT I, L.L.C.


    ______________________________________
                                                     By:
ATTEST:


_____________________________