AgdaPkt 2007-01-08 - Laserfiche WebLink

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On behalf of its members, SAM CAT has retained Telecommunications Management Corp. (TMC) to evaluate the requested transfer. TMC's evaluation is provided in this report. The Forms 394 are dated September 20, 2006 and September 21, 2006. It is not clear whether the Forms were received on the dates indicated above, although the letter accompanying each Form states that the documents were hand delivered on the date of the letter (see sample in Appendix A). The receipt date is of some significance, since the 1992 Cable Act requires a local franchising authority to take action on a franchise within 120 days (see Appendix B). Consequently, if September 20,2006 is used as the starting date, the deadline for taking action would be January 18. 2007. It should also be noted that the 120--day deadline depends on the receipt of "such information as is required in accordance with Commission regulations and bv the franchisinq authority" (emphasis added). Consequently, if a franchising authority requests relevant information regarding the transfer and does not receive it, or the operator fails to provide all franchise-required transfer documentation, the deadline for review may be extended. Many cable operators dispute this position, however, and claim that the 120-day period cannot be "tolled." In any event, as Appendix B indicates, the deadline can be extended if both parties agree to the extension. B. Back~round In 1999 and 2000; the nine agreements were executed bytheRCN communities to introduce competitive with the incumbent cable operator and telephone service provider. RCN currently provides video, voice and data services to subscribers in five of the communities (Burlingame, Daly City, Redwood City, San Mateo and South San Francisco). The agreements contain the following language (extracted from Section 2.5 of the San Carlos agreement): "Franchise Non-Transferable (a) Grantee shall not sell, transfer, lease, assign or dispose of, in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation or otherwise, the Franchise or any of the rights or privileges herein granted, without the prior consent of the Council, which consent shall not be unreasonably denied, withheld or delayed; provided, however, that the prior written consent of the Council shall not be required for an intracorporate or intracompany transfer from one wholly-owned subsidiary to another wholly-owned subsidiary. Any attempt to sell. 2 6:30 Page 41