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21 <br />RECOMMENDATIONS <br />Although the acquisition of Time Warner by America Online and MediaOne by AT&T is not <br />without some regulatory and anti competitive uncertainty, the long term potential economic and <br />technological benefits a vertically integrated company with a unique sets of expertise, is bath a <br />positive and negative aspect of the transfers. Accordingly, to guard against possible <br />uncertainties, it is recommended that the Franchise Authority: <br />1. Consent to the transfer with conditions; and <br />2. Certify that the current franchise is in full force and effect; and <br />3. Direct AOL-Time Warner to be bound by the Cable Television Franchise Ordinance and <br />perform all duties and obligations of the grantee thereunder; and <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 <br />authority intends to exercise its rate regulatory prerogatives pursuant to the Cable Act of <br />1992 to ensure that the current value placed upon the intangible assets of TWEAN shall <br />not increase as a result 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 The City's approval is rescinded if TWEAN does not accept the terms of the transfer 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 <br />equal access to the cable modem broadband platform by customers served by unaffiliated <br />ISPs whereby granting unaffiliated Internet Service~Providers (ISPs) use of the <br />broadband cable modem platform on terms and conditions identical to those ISPs, e- <br />commerce and e-tailers affiliated with America Online-Time Warner. <br />Franchise Fee U-Tax Auditing & Cable Television Administration <br />101 Pocono Lane, Cary, North Carolina 27513-5316 Voice # 919.467.5392 Fax # 919.460.6$68 <br />