Ordinance No.            16932              Council Bill No.            B 194-01           

approving the transfer of a cable television franchise from TCI Cablevision of Missouri, Inc., providing service as AT&T Broadband, to MCC Missouri, LLC, a subsidiary of Mediacom Communications Corporation; and fixing the time when this ordinance shall become effective.

    WHEREAS, on May 1, 1989 the City of Columbia, Missouri granted a cable television franchise (“the Franchise”) to TCI Cablevision of Missouri, Inc; and

    WHEREAS, on December 7, 1998 the City granted approval for the transfer of control of TCI Cablevision of Missouri, Inc. from Tele-Communications, Inc. to AT&T Corp. as a result of a merger between AT&T Corp. and Tele-Communications, Inc; and

    WHEREAS, AT&T Corp. and affiliated companies have entered into an Asset Purchase Agreement with Mediacom Communications Corporation under which AT&T Corp. would sell its cable television facilities in Columbia to Mediacom Communications Corporation; and

    WHEREAS, AT&T Corp. and Mediacom Communications Corporation have requested approval of the transfer of the Franchise to MCC Missouri, LLC, a wholly owned subsidiary of Mediacom Communications Corporation.

 

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

    SECTION 1. The City Council finds that MCC Missouri, LLC, has the legal, technical and financial qualifications to perform the obligations of the franchisee under the Franchise and that the proposed transfer of the Franchise from TCI Cablevision of Missouri, Inc. to MCC Missouri, LLC, a wholly-owned subsidiary of Mediacom Communications Corporation, would not be detrimental to the public interest.

    SECTION 2. The City of Columbia approves the proposed transfer of the Franchise from TCI Cablevision of Missouri, Inc. to MCC Missouri, LLC, a wholly owned subsidiary of Mediacom Communications Corporation.

    SECTION 3.  The City of Columbia consents to the assignment of agreements relating to the cable television franchise transferred from TCI Cablevision of Missouri, Inc. to MCC Missouri, LLC.  This consent applies to the Pole Attachment Agreement between the City and TCI Cablevision of Missouri, dated March 18, 1992; the Joint Underground Construction Agreement between City and Columbia Cablevision, dated February 21, 1979; the Columbia Terminal License for Aerial Crossing between City and TCI Cablevision of Missouri, Inc., dated July 26, 1991; and the License for Subterranean Crossing between the City and TCI Cablevision of Missouri, Inc. dated November 21, 1989. The city manager is authorized to execute documents consenting to the assignment of these agreements and any other documents relating to the transfer of the cable television franchise transfer.

    SECTION 4.  The City consents to the pledge or other encumbrance of the Franchise or the cable television system and related assets as collateral for a loan.

    SECTION 5.  The approval of the transfer of the Franchise to MCC Missouri, LLC, and the consent to the assignment of agreements shall become effective upon the closing of the transaction contemplated by the Asset Purchase Agreement among Mediacom Communications Corporation and the AT&T Broadband parties dated February 26, 2001; provided that this closing (presently scheduled for June 28, 2001) occurs no later than September 30, 2001.  If the closing of the Asset Purchase Agreement does not occur on or before September 30, 2001, the approval of the transfer of the Franchise and the assignment of agreements shall be null and void.

    SECTION 6.  The approval of the transfer of the Franchise to MCC Missouri, LLC, and the consent to the assignment of agreements are subject to the condition that Mediamcom Communications Corporation and MCC Missouri, LLC, file an unconditional acceptance of franchise with the City in the form of “Exhibit A” which is attached to and made a part of this ordinance.  

    SECTION 7.  The approval of the transfer of the Franchise to MCC Missouri, LLC and the consent to the assignment of agreements are subject to the condition that MCC Missouri, LLC become qualified to do business in Missouri by the time of closing referred to in Section 5.

    SECTION 8.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 4th day of June, 2001.