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3 <br /> WHEREAS, the franchising'Authority has conducted a thorough review of the <br /> legal, technical and financial qualifications of the applicants and the transferees to own <br /> and operate the cable system; and <br /> WMMA►S, the Franchising Authority has received and reviewed the report of <br /> its cable television consultant concerning the 1ega1, technical and Snaneial qualifications <br /> of the transferees and provided an opportunity for public comments;and <br /> WHEREAS, AT&T and TWI are the two largest cable television operators in the <br /> United States and AOL is the largest and most dominant provider of interact services; <br /> and <br /> WHEREAS, TWI and AOL have entered into a Memorandum of Understanding <br /> dated February 29,2000(the"MOU") (a copy of which is attached hereto as Attachment <br /> A) setting forth significant commitments that AOLITW will undertake to enable cable <br /> modem subscribers to obtain service from affiliated Internet service providers ("ISPs"), <br /> Included among those commitments is the commitment of AOLlTW to operate its cable <br /> systems in a manner that does not discriminate among ISPs based on their affiliation with <br /> AOLnV;and <br /> WHEREAS, following further review and an investigation, the Franchising <br /> Authority has concluded that the transferees have established that they meet the technical, <br /> legal and financial criteria to operate the cable system and have satisfied all criteria set <br /> forth in and/or under all applicable or required local government and federal doanmennts, <br /> law:, rules and regulations, including FCC Form 394 and contingent upon applicants <br /> meeting all of the requirements set forth below, <br /> NOW$ -11: RE,BE IT RESOLVED that in consideration of the foregoing <br /> and the promises set forth herein,the Franchising Authority and the transferees agree to <br /> the following: <br /> 1. The Franchising Authority conseats to Transaction Nov. 1 and 2, effective <br /> immediately upon the closing of the transactions contemplated by the agreements, <br /> provided that said closings tape place prior to July 1,2001. <br /> 2. The Franchising Authority confirms that: <br /> (a} the three (3)ftnchisea held by the franchisee are valid and in firll <br /> force and effect. <br /> (b) the franchisee will be in material compliance with the Ihmehises <br /> when the other conditions set forth in this Resolution are met. <br /> 2 <br />