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24 <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 />WHEREAS, the Franchising Autharity has received and reviewed the report of <br />its cable television consultant concerning the legal, technical and financial 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 Internet services; <br />and <br />WHEREAS, the Franchising Authority is concerned that cable television <br />operators through the use of their broadband platforms offer a technically superior <br />method of providing Internet services to customers and therefore, there is a substantial <br />risk that Transaction Nos. 1 and 2 will have ananti-competitive impact on the provision <br />of Internet services and cable programming to the public; 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 documents, <br />laws, rules and regulations, including FCC Form 394 and contingent upon applicants <br />meeting all of the requirements set forth below; <br />NOW, THERFORE, BE TT 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 consents to Transaction Nos. 1 and 2, effective <br />immediately upon the closing of the transactions contemplated by the <br />agreements, provided that said closings take place prior to July 1, 2001. <br />2. The Franchising Authority confirms that: <br />(a) the three (3) franchises held by the franchisee are valid and in full <br />force and effect. <br />(b) the franchisee will be in material compliance with the franchises <br />when the other conditions set forth in this Resolution are met. <br />3. TWEAN: <br />(a) agrees to be bound by the three (3) franchises and perform all <br />duties and obligations thereunder; <br />2~ <br />