File #: 2011-0491    Version: 1
Type: Ordinance Status: Passed
File created: 11/21/2011 In control: Government Accountability and Oversight Committee
On agenda: 1/9/2012 Final action: 1/9/2012
Enactment date: 1/21/2012 Enactment #: 17251
Title: AN ORDINANCE approving the extension of franchise 13637 for eighteen months and the transfer of franchise 13637 to WAVEDIVISION I, LLC.
Sponsors: Kathy Lambert
Attachments: 1. Ordinance 17251.pdf, 2. A. Amendment No. 2 to Franchise Agreement No. 13637, 3. B. Consent and Approval Agreement to Assignment of Cable Television Franchise, 4. 2011-0491 transmittal letter.doc, 5. 2011-0491 fiscal note.xls, 6. 2011-0491 Staff Report.doc, 7. 2011-0491 Hearing Notice.doc, 8. A. Amendment No. 2 to Franchise Agreement No. 13637, 9. B. Consent and Approval Agreement to Assignment of Cable Television Franchise, 10. 2011-0491Affidavit of Publication.pdf
Drafter
Clerk 11/17/2011
Title
AN ORDINANCE approving the extension of franchise 13637 for eighteen months and the transfer of franchise 13637 to WAVEDIVISION I, LLC.
Body
STATEMENT OF FACTS:
1. Summit Cablevision L.P., as franchisee, and Millennium Digital Media Systems, L.L.C., now known as Broadstripe, LLC, the sole general partner and the owner of all partnership interests in Summit Cablevision L.P., as guarantor, own and operate a cable television system in unincorporated King County pursuant to a cable television franchise ("the franchise agreement") authorized by Ordinance 13637.
2. On January 2, 2009, the franchisee and guarantor commenced proceedings under Chapter 11 of Title 11 of the United States Code ("the bankruptcy proceedings").
3. During the pendency of the bankruptcy proceedings, the franchise was extended to October 11, 2011, as authorized by Ordinance 16772.
4. Since October 11, 2011, the franchisee has continued to provide cable service under the franchisee as a holdover, and perform its obligations owed to the county under the franchisee agreement.
5. The franchisee and the guarantor have entered into a purchase and sale agreement for the sale of the assets of franchisee ("the transaction"), including the franchise agreement, to WAVEDIVISION I, LLC.
6. The franchisee and WAVEDIVISION I, LLC, filed a Federal Communications Commission Form 394 Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise ("Form 394") with King County on or about August 29, 2011. Form 394 includes a statement that WAVEDIVISION I, LLC, will comply with the franchise agreement, K.C.C. chapter 6.27A, the county cable rules and applicable law.
7. Although the bankruptcy proceeding has not yet been concluded, WAVEDIVISION I, LLC, is the only bidder for the franchise agreement and is expected to be awarded the franchise by the bankruptcy court, and thus enables the transaction to achieve closing.
8. The off...

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