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HomeMy WebLinkAbout1993-01-07 VIA Fax and Certified Mail General Manager American Community Cablevisionj frsbucm-f-a- Liku'vic/D OFFICE OF MAYOR CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 January 7, 1993 General Manager American Community Cablevision 519 West State Street Ithaca, New York 14850 Dear Sir/Madam: TELEPHONE 274-6501 CODE 607 VIA FAX AND CERTIFIED MAIL American Community Cablevision is the holder of television franchise with the City of Ithaca. understanding that American Community. Cablevision is a or division of American Television and Communication C American Television and Communication Corporation is, majority owned subsidiary of Time Warner, Inc. the cable It is our subsidiary orporation. or was, a It is our further understanding Time Warner, Inc. intends or intended to create a new limited partnership entity comprised of the business and assets of its filmed entertainment, programming and cable divisions which entity is to be known as Time Warner Entertainment Company, L.P. The City of Ithaca was asked to authorize a consent to the transfer of the American Television and Communication Corporation minority shares to Time Warner and the transfer of the franchise and the cable television system operating pursuantto the franchise from American Community Cablevision to Time Warner Entertainment Company, L.P., including any necessary transfers through one or more subsidiaries of Time -Warner. This consent is required pursuant to Article 23 of the Franchise Agreement with the City of Ithaca. In 1992 pursuant to resolution with the Common Counsel and the City of Ithaca this transfer was authorized and consented to by the City of Ithaca. Pursuant to Section 23.6 of the Franchise Agreement, any approval by the City of Ithaca of transfer of ownership or control is automatically contingent upon the perspective controlling party becoming a signatory to the franchise. To date, the new perspective controlling party has not become a signatory to the franchise and therefore, this condition has not been met. "An Equal Opportunity Employer with an Affirmative Action Program" Letter to American Community Cablevision January 7, 1993 Page Two Furthermore, pursuant to Section 23.8 of the Franchise Agreement, in the absence of extraordinary circumstances, the City of Ithaca is not to approve any transfer or assignment of the franchise prior to completion or construction of the proposed system. To date, construction of the entire system has not been completed. Accordingly, in accordance with the resolution of the Common Counsel of the City of Ithaca duly passed at a regularly scheduled meeting of the Common Counsel held on January 6, 1993, the consent, authorization and approval of the City .of Ithaca to any such transfer of the franchise or control of the franchisee is hereby withdrawn. Very truly yours Benjamin Nichols Mayor BN/cv cc: John Fogarty, Associate General Counsel OFFICE OF CITY ATTORNEY CITY OF ITHACA 10S EAST GREEN STREET ITHACA, NEW YORK 14850 FAX .TRANSM1TT2kL SHEET TO: General Manager American Community Cablevision FROM : Benj am n Nichols, Mayor TELEPHONE: TELEPHONE: 607-274-6504 YOUR FAX NO: 277-5404 NOTES: SUBJECT: OUR FAX NO: 607-272-7348 City of Ithaca Franchise Agreement TOTAL PAGES (INCLUDING TRANSMITTAL SHEET): 3 OFFICE OF CITY ATTORNEY CITY OF ITHACA 1 OB EAST GREEN STREET ITHACA, NEW YORK 14850 FAX TRANSM1TTAL SHEET TO: John Fogarty, Associate General CounselFROM• American Television & Communications Corp. Berijainin Nichols, Mayor TELEPHONE: -. TELEPHONE: 607-274-6504 YOUR FAX NO: 203-228-'06_90 NOTES: SUBJECT: OUR FAX NO: 607-272-7348 City of Ithaca Franchise Agreement 11r tk Vt It yIr Vt It It mIt 'It It It TOTAL PAGES (INCLUDING TRANSMITTAL SHEET): 3 OFFICE OF MAYOR CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 January 7, 1993 General Manager American Community Cablevision 519 West State Street Ithaca, New York 14850 Dear Sir/Madam: TELEPHONE 274-6501 CODE 607 VIA FAX AND CERTIFIED MAIL American Community Cablevision is the holder of television franchise with the City of Ithaca. understanding that American Community Cablevision is a or division of American Television and Communication C American Television and Communication Corporation is, majority owned subsidiary of Time Warner, Inc. the cable It is our subsidiary orporation. or was, a It is our further understanding Time Warner, Inc. intends or intended to create a new limited partnership entity comprised of the business and assets of its filmed entertainment, programming and cable divisions which entity is to be known as Time Warner Entertainment Company, L.P. The City of Ithaca was asked to authorize a consent to the transfer of the American Television and Communication Corporation minority shares to Time Warner and the transfer of the franchise and the cable television system operating pursuantto the franchise from American Community Cablevision to Time Warner Entertainment Company, L.P., including any necessary transfers through one or more subsidiaries of Time Warner. This consent is required pursuant to Article 23 of the Franchise Agreement with the City of Ithaca. In 1992 pursuant to resolution with the Common Counsel and the City of Ithaca this transfer was authorized and consented to by the City of Ithaca. Pursuant to Section 23.6 of the Franchise Agreement, any approval by the City of Ithaca of transfer of ownership or control is automatically contingent upon the perspective controlling party becoming a signatory to the franchise. To date, the new perspective controlling party has not become a signatory to the franchise and therefore, this condition has not been met. "An Equal Opportunity Employer with an Affirmative Action Program" Letter to American Community Cablevision January 7, 1993 Page Two Furthermore, pursuant to Section 23.8 of the Franchise Agreement, in the absence of extraordinary circumstances, the City of Ithaca is not to approve any transfer or assignment of the franchise prior to completion or construction of the proposed system. To date, construction of the entire system has not been completed. Accordingly, in accordance with the resolution of the Common Counsel of the City of Ithaca duly passed at a regularly scheduled meeting of the Common Counsel held on January 6, 1993, the consent, authorization and approval of the City of Ithaca to any such transfer of the franchise or control of the franchisee is hereby withdrawn. Very truly yours Benjamin Nichols Mayor BN/cv cc: John Fogarty, Associate General Counsel To CkA4-(Ao_t Je&-ti-e-artJ L 0-6 44k ,& Ati-m-fr-S) Z9OA Qyldt-x-4 f,cc_ 5‹oq CIAMthiLet-Ak— a o 3