Agenda - 08-22-1995 - V-B - Laserfiche WebLink

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Current Alert franchises are due to expire shortly. An extension of the term to June 30, 1998, to synchronize the Alert Cable franchise with the Time Warner franchises issued by local governments in this area, is appropriate. In the absence of any showing by the community or anyone else that approval of CVI's application to transfer control of Alert Cable's franchise to Time Warner Incorporated would not be in the public interest, the Consultants recommend that CVI's FCC-394 application be granted, subject to the following recommendations. RECOMMENDATIONS It is the opinion of the consultants that, although the acquisition of Alert Cable of North Carolina [a/k/a CVI] by Time Warner is not without uncertainty, the potential economic and technological benefit of an interconnected switched cable-telecommunication network offers residents, merit the venture. I. Direct TWI and Alert a)to be bound by the Cable Television Franchise Ordinance and perform all duties and obligations of the grantee thereunder; b)represent and warrant that they are able to provide, and shall agree to provide 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 local regulatory authority as set forth by the Federal Communication Commission; d) cooperate fully with the franchise authority and to obtain from any governmental agency all licenses, permits and other approvals necessary for lawful operation and maintenance of the cable television system; and e) continue to serve all public schools and other government facilities passed by cable consistent with franchise requirements. II. Advise Alert that the franchise authority intends to act in an expeditious manner to commence and conclude refranchising activities with Time Warner Cable. M. Direct Alert Cable, in an economically prudent manner, to extend service to areas within the franchise territory where the building-dwelling density is 15 units per cable mile or greater. The intent is to offset the loss of a competitive provider from the marketplace which may otherwise have aggressively acted to extend cable service. A cable mile is measured from the terminus of existing feeder cable. IV. Require Time Warner Incorporated and Alert to affirm that TWI, as the new management entity, shall be bound by the terms and conditions in the present franchise agreement and the transfer resolution. 9