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<br />01/08/2007 <br /> <br />WHEREAS, the legislative history of the Federal Cable Television Consumer <br />Protection and Competition Act of 1992 (the "1992 Cable Act") further indicates that <br />Congress intended that local franchising authorities consider such information as the <br />effect of the transfer or sale on rates and subscriber services and the Transferee's plans <br />for expanding or eliminating services to subscribers when assessing an application for <br />transfer of a cable system franchise; and <br /> <br />WHEREAS, the United States Court of Appeals for the Ninth Circuit, in a case <br />involving the County of Santa Cruz, California and Charter Communications, found that <br />local cable franchising authorities should be afforded broad deference in legislative acts <br />in their role as stewards of the public good; and <br /> <br />WHEREAS, the City, as steward of the public good, believes that the transfer of <br />ownership will be in the best interest of its residents and potential System subscribers <br />provided the transfer is conditioned in order to safeguard the interests of its residents <br />and potential System subscribers; and <br /> <br />WHEREAS, the City desires to proceed with the proposed transfer on the terms <br />and conditions set forth herein. <br /> <br />NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF <br />REDWOOD CITY, AS FOLLOWS: <br /> <br />Section 1. The City hereby consents to the transfer of ownership, subject to <br />the following conditions: <br /> <br />1. Astound Broadband, LLC, the Transferee, is owned and controlled as indicated <br />in Exhibit A, Figure 1 attached hereto. To the extent required by Section 2.5 of <br />the Cable Television Franchise between the City and RCN, any change of <br />ownership or control of Transferee from the ownership and control indicated in <br />Exhibit A shall be subject to prior City review and consent. <br /> <br />2. The City expressly reserves any and all rights that it may possess under the <br />Franchise and applicable law with respect to any non-compliance issues on the <br />part of Franchisee, whether known or unknown, which exist prior to the effective <br />date of this transfer and Transferee reserves any and all rights and defenses with <br />respect to any such non-compliance issues. <br /> <br />A TTY IRESO/RESO .1676 <br />010407 <br /> <br />14758 <br />Formerly Muff # 801 <br /> <br />-2- <br />