Orange County NC Website
3 <br />WHEREAS, the Franchising Authority has conducted a thorough review of the <br />legal, technical and 5nan;cial qualifications of the applicants and the transferces to ovvn <br />and operate the cable system; sad <br />WHEREAS, the Franchising Authority has received and reviewed the report of <br />its cable television consultant concenaing the legal, technical and Snaacial qualifications <br />of the transferees sad provided an opportunity for public comments; sad <br />W~REAS, AT&T sod TWI are the two krgeat cable tekvisioa operators in the <br />Urutcd Stases and AOL is the largest and mflst da®inant provider of istternd services; <br />and <br />WHF.rRSA9~, TWY and AOL have enterod into s Memorandum ofUndeeseamdmg <br />dated February Z9, ZOQO (the "MOLT") (a copy of which is attached hereto as Attachmem <br />A) setting forth significant wmmiurteats that AOL/TW will undertake to enable cable <br />mQdClrl subscrtbers to Obta~a Se!'V1Ce 5'om aff listed InternCt BC'L'1-fcC pr'OViders ("ISPS°). <br />Included among those commitments is the commitatetrt of AOL/TW to operate its cable <br />systems in a manna that does not discriminate among ISPs based on their afi'iliatian with <br />AOLI'TW; and <br />~~ allowing further review and as iavesagaaion, the Franchising <br />Authority has concluded that tlu fees Gave established that they meet the. technical, <br />legal sad financial criteria to operate the able rystem sad have satisfied all eritaria set <br />forth is and/or under all applicable ar required local government and fatleta] documents, <br />laws, rules and regulations, iach~diag PCC Form 394 and co~dgent upon applicxa#a <br />meeting all of the requirements set forth below, <br />1~1QVi~, , SE IT RE90LVED that is canaidaation of the foregoing <br />and the promisee set forth herein, the Franclusiag Authority and the sraassereea agree to <br />the following: <br />1. The Franehisir~g Authority consent: to 'Traagactioa Nos. l and 2, elective <br />immediately upon the closing of the tcaasactions contemplated by the agreements, <br />provided that said closings tame plane prior to July 1, 2CG1: <br />Z. The Franchising Authwrity a that: <br />(a) the three (3) franchises held by the franchisee are ~ralid sad is full <br />farce and effect. <br />(b) the Sanchisee will ba in material compliance with the fl~anahisea <br />wham the other conditions set forth in this Resohnion are met. <br />2 <br />