OR 2002- 997 Change the ownership from AT&T Broadband, LLC., to AT&T Comcast CorporationAN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 2002-997
AN ORDINANCE APPROVING WITH CONDITIONS THE CHANGE OF
CONTROL FROM AT&T CORP., LLC, TO AT&T COMCAST
CORPORATION AND PROVIDING A SEVERABILITY CLAUSE.
WHEREAS, TCI CABLEVISION OF TEXAS, INC. (hereinafter referred to as
"Franchisee") is currently a franchisee for cable services in the City of Coppell; and
WHEREAS, Franchisee is an indirect subsidiary of AT&T Corp. ("AT&T"), and AT&T
has proposed a change of control of Franchisee from AT&T to AT&T Comcast Corporation
("AT&T Comcast"); and
WHEREAS, the City of Coppell received notice of FCC Form 394 filing and proposed
change of control of the franchise from AT&T Corp., LLC, (hereinafter "AT&T") to AT&T
Comcast Corporation (hereinafter "AT&T Comcast"); and
WHEREAS, the City has retained the services of C2 Consulting Services to review the
FCC Form 394, with respect to the legal, financial, and technical capacity of AT&T Comcast to
control Franchisee, and Franchisee's related ability to continue to adhere to the requirements and
conditions of the Franchise; and
WHEREAS, the City is willing to consent to the proposed change of control as detailed
in the FCC Form 394, pursuant to the conditions set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. AT&T Comcast agrees that Franchisee will abide by the terms of the
Franchise Ordinance 93615 and its amendments, and all other ordinances of the City of Coppell.
SECTION 2. Franchisee agrees to provide service pursuant to the requirements of the
Franchise and its amendments after the Closing.
SECTION 3. Although AT&T provided almost all of the answers, the City of Coppell
disagrees with AT&T's position that certain requests for information are outside the appropriate
scope of review for the change of control.
SECTION 4. Any actions which have the effect of circumventing payment of any
lawfully required ordinance fees and/or evasion of payment of the ordinance fees by non-
collection or non-reporting of gross receipts, bartering, or any other means which evade the
actual collection of revenues for businesses authorized by Franchisee are prohibited. Pursuant to
the Texas Constitution, the City is prohibited from granting anything of value without
compensation. The City has the right to audit all records relating to the calculation of the
franchise fee.
SECTION 5. Franchisee reaffirms its commitment to install and provide basic and
expanded basic cable service or the most popular service to all City-owned or occupied
buildings, public libraries, and schools.
SECTION 6. By granting this change of control, the City does not waive and
specifically retains any right to regulate and receive compensation as allowed by law for all
Cable Services offered over the Cable System. Franchisee shall inform the City of any uses of
the Cable System by persons who are not Cable Operators.
SECTION 7. That the terms and provisions of this ordinance shall be deemed to be
severable, and that if the validity of any section, subsection, sentence, clause, or phrase of this
ordinance should be declared to be invalid, the same shall not affect the validity of any other
section, subsection, sentence, clause or phrase of this ordinance.
DULY PASSED by the City Council of the City of Coppell, Texas, this 25th day of
June,2002.
APPROVED:
By:Candy Sheehan, Mayor
APPROV AS
By:Robert E. Hager, City Attorney
~T-~ ATTORNEY
ATTEST:Libby Ball, City Secretary
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AGREEMENT TO CHANGE OF CONTROL ORDINANCE
Paula Trustdorf ., an authorized agent for TCI CABLEVISION OF
TEXAS, INC. files this Agreement to Change of Control Ordinance agreeing to the terms of
Ordinance No. 2002-997
Signed
July 16, 2002
Dated
SenJ~or Vice
Authorization
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