Minutes 01/20/2006 - Laserfiche WebLink

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,~ C I, ..L January 20-21,2006 Applications') were submitted to the City of Martinsville (the "City') by Adelphia Communications Corporation ("Adelphia') and Time Warner Cable Inc. ("Time Warner'), each dated as of June 10, 2005; and WHEREAS, the City of Martinsville Franchising and Regulating Cable Television Systems Cable Ordinance, enacted February 24, 1998 and numbered 98-4 (as amended from time to time, the "City Cable Ordinance") regulates the Cable Television System (as defined in the City Cable Ordinance) within the territorial limits ofthe City; and WHEREAS, upon due deliberation at its meeting of August 5, 2005 and at prior meetings, and as thereafter reconfirmed at subsequent meetings, the City Council determined that: 1. Transfer of control of the Cable Television Franchise from Adelphia to Time Warner as contemplated by the Form 394 Applications would not be in the best interest of cable subscribers within the City and would be contrary to the public interest of the City (see City Cable Ordinance ~ 5.2.6); and 2. Local ownership and operation of the Cable Television System as would offer competitive rates to cable subscribers within the City and provide a substantial portion of the revenues from operations to the City is feasible, and is in the best interests of cable subscribers within the City and is in the public interest of the City; and 3. Exercise of the City's rights, under the City Cable Ordinance, the Cable Television Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996, and other applicable law, to purchase the Cable Television System (the "Purchase Rights') in furtherance of such local ownership and operation of the Cable Television System would be in the best interests of cable subscribers within the City and in the public interest of the City; and 4. Denial of the Form 394 Applications is therefore in the best interests of cable subscribers within the City and is in the public interest of the City; and WHEREAS, Peter Partee of Hunton & Williams LLP, attorney for the City, formally notified Adelphia by letter dated as of August 8, 2005 of the City's decision to exercise the Purchase Rights; and WHEREAS, Mr. Partee by letters dated as of October 7, 2005 formally notified each Adelphia and Time Warner of the City's decision to deny the Form 394 Applications. NOW THEREFORE BE IT HEREBY RESOLVED, that the City Council for purposes of further documentation for the public record reaffirms and restates its decision to deny the Form 394 Applications effective August 5, 2005, and reaffirms and restates its determination that such denial is in the best interests of cable subscribers within the City and is in the public interest of the City. There being no further business to come before Council during their summit, upon motion, duly seconded, by unanimous vote, Mayor Cobbe declared the business meeting adjourned.