RES-1995-066 Resolution Granting The Consent of OC to the Transfer of Control of Alert Cable TV of NC, Inc. and Its Cable Television System Form Cablevision Industries Corp. to Time Warner, Inc.

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1 NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners that Orange County hereby approves the transfer application and consents to the transfer to TWI, as described in the transfer application subject to the following conditions which shall become effective if the Transfer is consummated: 1. TWI and Alert: a) agree to be bound by the Cable Television Franchise Ordinance and perform all duties and obligations of the grantee thereunder; b) represent and warrant that it is able to provide, and shall agree to provide to the County and its subscribers all services required under said franchise subject to changes or modifications as permitted under the franchise and applicable law; c) acknowledge and agree that they were, and shall be subject to the regulatory authority of the County as set forth by the Federal Communication Commission; and d) agree to cooperate fully with the County and to obtain from any governmental agency all licenses, permits and other authority necessary for lawful operation and maintenance of the cable television system; and 2. TWI and Alert: a) agree, to the extent that this is not already doing so, to provide service to all public schools and other government facilities passed by cable consistent with franchise requirements; and b) agree, if requested by the County, to provide interactive public bandwidth at cost for the County's use; and 3. TWI and Alert: a) agree, to the extent it is not already doing so, to provide service to commercial, office, and industrial areas of the County in the same manner and to the same extent that it provides service to residential areas; and b) agree within 24 months to interconnect the system with systems in adjoining jurisdictions, as directed by the County, particularly other systems already controlled by TWI and as soon as reasonably possible to upgrade its System so that all adjoining systems already controlled by TWI and the System in this County shall have substantially the same level of service, including programming and PEG access services; and 4. TWI and Alert agree that Alert has recently filed, and the County has approved, a cost of service rate increase utilizing form FCC 1220. Said filing was based in part upon certain Intangible Assets, including Organizational and Franchise Costs, Subscriber Lists, Capitalized Start-Up Losses, and Other Intangibles. Alert and TWI agree that the value of said intangible assets will not be increased as a result of this Transfer and no increase in the value of intangible assets as a result of t his Transfer shall be the basis for a rate increase in the future. 5. TWI and alert agree that within 24 months TWI will merge the system it already controls in Orange County with the System which is the subject of this Transfer and that the resulting system shall serve all of Orange County including that area of Bingham Township in Western Orange County along the Alamance County line. 6. In order to serve residents who would otherwise be served in a competitive environment, Alert and TWI agree within 24 months that service shall be provided to all of Orange County where there is a density of at least ten occupied commercial or residential buildings per mile.