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14 <br />4. Carry over any transgressions or issues to the new entity; and <br />5. Prohibit any revaluation of intangible and tangible assets by the new entity to become the <br />basis for future rate increases whereby advising AOL-Time Warner that the franchise authority <br />intends to exercise its rate regulatory prerogatives pursuant to the Cable Act of 1992 to ensure <br />that the current value placed upon the intangible assets of TWEAN shall not increase as a result <br />of the transfer and adversely impact subscriber rates; and <br />6. The City's approval is rescinded if TWEAN does not accept the terms of the transfer <br />resolution within 30 days or challenges any provision of the transfer in court; and <br />7. Direct TWEAN to reimburse the City for any direct and indirect expenses associated with <br />the transfer review process; and <br />8. ,Direct AOL-Time Warner to implement Open Access to protect the public interest and <br />ensure continued competition among and between Internet Service Providers (ISPs) and equal <br />access to the cable modem broadband platform by customers served by unaffiliated ISPs <br />whereby granting unaffiliated Internet Service Providers (ISPs) use of the broadband cable <br />modem platform on terms and conditions identical to those ISPs, e-commerce and e-tailers <br />afEliated with America Online-Time Warner. <br />PROCEEDING <br />The franchise authority must approve or deny a transfer resolution, based upon Ends of fact, <br />regarding the approval or denial of the cable operator's FCC-394 transfer request. The franchise <br />authority should adopt the staff report as its own and grant the opportunity to comment on the <br />matter; it is suggested that the public comment period coincide with a regular public meeting. <br />A transfer resolution, conveying approval is attached. To be valid, the Resolution must be <br />executed following the conclusion af: <br />a. a public meeting where the counciUcommission/board grants interested parties an <br />opportunityto comment; and <br />b. adoption by the Franchise Authority of this report as its own (required by FCC <br />rules). <br />It is appropriate for public comment to be heard, related to the transfer of ownership. A statutory <br />public hearing is not required. It is customary to call for a public comment in these matters; the <br />Franchise Fee U-Tax Auditing & Cable Television Administration <br />101 Pocono Lane, Cary, North Carolina 27513-5316 Voice # 919.467.5392 Fax # 919.460.6868 <br />