1995-021
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STATE OF MINNESOTA
CITY OF HOPKINS
RESOLUTION NO. 95-21
REQUIRING A PUBLIC HEARING REGARDING THE PROPOSED
TRANSFER OF OWNERSHIP OF PARAGON CABLE
WHEREAS, on or about February 21, 1995, the Southwest Suburban Cable
Commission of which the City of Hopkins is a member, received a letter and Form 394 from
Paragon Cable, the current franchisee of the cable system in Hopkins, stating that KBLCOM
Incorporated which is a wholly-owned subsidiary of Houston Industries and which owns 100
percent of Nortel Cable Corporation and Countryside Investments, Inc. which own Paragon
Cable, would become a wholly-owned subsidiary of Time Warner, Inc.; and
WHEREAS, the federal Cable Communications Policy Act of 1984, as amended by
the Cable Television Consumer Protection and Competition Act of 1992, states that:
1) a cable operator cannot transfer a cable system unless it has held the system at
least thirty-six (36) months; and
2)
if a cable transfer or sale requires franchising authority approval, the
franchising authority has 120 days from receipt of the Form 394 to approve
the sale; and
WHEREAS, the Minnesota Cable Communications Act and Article XII, Section 1,
Subsection B of the cable franchise ordinance for the City of Hopkins state that a franchising
authority which receives a written request for approval of a sale or transfer shall answer in
writing within thirty (30) days of the request and shall state whether it approves the request
or whether it determines that a public hearing is necessary because the sale or transfer may
adversely affect the subscribers; and
WHEREAS, the Minnesota Cable Communications Act. and the cable franchise
ordinance for the City of Hopkins state that if a public hearing is deemed necessary, such
hearing shall be conducted within thirty (30) days of such determination and notice of such a
hearing shall be given fourteen (14) days before such hearing by publishing notice once in a
newspaper of general circulation in the area served by the franchise; and
WHEREAS, Article XII, Section 1, Subsection G of the cable franchise ordinance for
the City of Hopkins states that the City of Hopkins may inquire into the qualifications of the
prospective controlling party, and the Grantee shall assist the City in such an inquiry and pay
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all costs incurred by the City in so inquiring, including City staff time at a value determined
by the City; and
WHEREAS, pursuant to Article XI of the cable franchise ordinance for the City of
Hopkins, the. Minnesota Cable Communications Act and the federal Cable. Communications
Policy Act of 1984, as amended by the Cable Television Consumer Protection and
Competition Act of 1992, the City of Hopkins has up to 120 days to exercise its right to
purchase the system at the bona fide purchase price in the offer.
NOW, THEREFORE, the City of Hopkins resolves as follows:
1. The City hereby states that Paragon Cable was held by KBLCOM for
at least thirty-six (36) months.
2. The City hereby states that it must approve a sale or transfer of the
cable system and it is reviewing the Form 394 provided by Paragon
Cable and Time Warner, Inc. to determine the effect of the proposed
transfer on Hopkins subscribers. Accordingly, a public hearing is
necessary because the effect of the sale or transfer is currently unknown
and the effect on the subscribers may be adverse. Such a hearing will
be held on April 18, 1995 at 7:30 p.m.
3.
The City of Hopkins acknowledges that it has the right to purchase the
cable system pursuant to Article XI of the cable franchise ordinance for
the City of Hopkins and it is determining whether to exercise that right.
BE IT FURTHER RESOLVED, that the City Clerk is directed to send a copy of this
Resolution to Paragon Cable and Time Warner, Inc.
A motion to approve the foregoing Resolution No. 95-21 , was made by
Council Member Anderson and duly seconded by Council Member
Kritzler
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The following Council Members voted in the affirmative:
Charles D. Redepenning Charles Kritzler
Frances Hesch Eugene Maxwell
Robert Anderson
The following Council Members voted in the negative:
None
Passed and adopted this 21s t day of
, 1995.
Narch
ATTEST:
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Title: De~y City Clerk
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Title: ~ayor ~
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