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<br />6.30 <br />Page 16 <br /> <br />employees who will be offered employment with Astound. The employees are <br />located in RCN's Redwood City, San Francisco and San Mateo offices. <br /> <br />Based on WaveOivision's current cable operations, the company appears <br />qualified to operate the RCN system. It is unclear whether the existing resources <br />will be able to provide a system build...out that is desired by the communities, but <br />is not currently a contractual obligation. <br /> <br />The review provided by this report of the Form 394 does not include a <br />"due diligence" review that might be performed by contacting cognizant <br />individuals in a number of communities where AstoundlWaveOivision provides <br />service. Such a review might help to determine the perceived relationships the <br />company has with the local franchising authority and customers, along with the <br />ability to meet contractual obligations and deliver enhanced services. <br /> <br />(3) Legal Qualifications <br /> <br />No legal barrier is seen to Object to Astound's assumption of the RCN <br />agreements, and its subsequent operation of the cable and OVS agreements. <br />The Form 394, page 4, question 3, states that the transferee is "duly qualified to <br />transact business in the State or other jurisdiction in which the system operates." <br />As noted above, Astound Broadband is registered with the California Secretary of <br />State to transact business in California <br /> <br />E. Compliance with Existina Agreements <br /> <br />SAMCA T has indicated that it is not aware of any RCN non-compliance <br />with the requirements of the existing agreements. <br /> <br />12 <br />