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RESOLUTION NO. 2005- 48 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />NEWPORT BEACH, CALIFORNIA DELEGATING <br />AUTHORITY TO THE CITY MANAGER TO REJECT ONE <br />OR MORE FCC FORMS 394 RELATING TO THE <br />TRANSFER OF THE CABLE TELEVISION FRANCHISE, <br />AND /OR CONTROL THEREOF, TO AN ENTITY <br />CONTROLLED BY TIME WARNER CABLE OR COMCAST <br />CORPORATION <br />WHEREAS, the City of Newport Beach (the "City ") has received one or more <br />FCC Forms 394 (collectively, the "Application ") requesting consent of the City Council to <br />the assignment of the Cable Television Franchise granted to Adelphia Communications <br />(the "Franchisee "), or control thereof, to an entity ultimately controlled by Time Warner <br />Cable or Comcast Corporation; <br />WHEREAS, the City Council of the City has determined that the public interest is <br />served by delegating to the City Manager, or a City staff member individual designated <br />by the City Manager in writing and with the consultation of the Telecommunications <br />Committee, the authority to deny and reject some or all of the Application without <br />prejudice for certain reasons and upon certain grounds. <br />NOW, THEREFORE, the City Council of the City of Newport Beach, California, <br />does hereby resolve as follows: <br />Section 1: The City Manager, or a City staff member so designated by the City <br />Manager, is hereby delegated the authority to reject the Application, or any portion <br />thereof, without prejudice for one or more of the following reasons: <br />Failure to timely provide information required by the terms of the Franchise <br />Agreement or applicable state or local law; <br />2. Failure to timely provide any other requested additional information necessary to <br />analyze the proposed transfer for compliance with or the transferee's ability to <br />comply with the City's Franchise Agreement and Cable Ordinance; <br />3. Failure on the part of the Applicant to timely cooperate with Staff, its attorneys <br />and consultants, in performing due diligence relating to the Application, the legal, <br />technical, and financial qualifications of the proposed Transferee and /or the <br />impact of the transaction upon cable television rates and /or services; <br />4. Failure to timely cure any outstanding breach of franchise prior to or as an <br />express condition of approval of the transaction in a manner acceptable to the <br />City Manager; <br />