Resolution 2002-314
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RESOLUTION NO. 2002-..J.1...L
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING THE TRANSFER OF
CONTROL OF A CABLE TELEVISION FRANCHISE FROM COMCAST
CORPORATION TO A MERGED COMPANY, AT&T COMCAST
CORPORA TION, AND ACCEPTING AN AMENDMENT TO THE FRANCHISE
WHEREAS, COMCAST CABLEVISION OF THE SOUTH, INC., assignee, and
current ("Franchisee") is an indirect subsidiary of Comcast Corporation ("Comcast") and
Comcast intends to merge with AT&T Broadband Corp. to create a new company to be
known as AT&T Comcast Corporation (the "Merger"). Franchisee is now duly
authorized by the Collier County Board of County Commissioners ("Board") (the
"Franchise Authority") to operate and maintain a cable communications system (the
"System") within its franchised areas pursuant to a franchise agreement (The
"Franchise") heretofore granted by the Franchise Authority; and
WHEREAS, Franchisee has requested the Board to consent to this proposed
Merger, and in accordance with the requirement of the Franchise, Franchisee, under a
cover letter dated February 25,2002, from Comcast's Senior Vice President, Government
Affairs, Sheila R. Willard, FCC Form 394 ("Application") has been filed with the Board,
acting as the Franchise Authority; and
WHEREAS, pursuant to an Agreement and Plan of Merger between Comcast
Corporation and AT&T Corporation, Comcast Corporation and AT&T Corporation plan
to merge into a new company called AT&T Comcast Corporation; and Franchisee may
elect as permitted by law to convert or reorganize its legal form to a limited liability
company ("LLC Conversion"); and
WHEREAS, Following the merger and any LLC Conversion, Franchisee will
continue to hold the Franchise and all day-to-day authority over the operations of the
Franchisee will remain with the current Comcast Corporation CEO, Brain L Roberts; and
WHEREAS, The Board, as the Franchise Authority, hereby consents to the
proposed Merger and the possible LLC Conversion and accepts as an amendment to the
Franchise Agreement the letter of June 11,2002, from Vice President Willard.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, OF COLLIER COUNTY, FLORIDA, that:
Section 1. The Board of County Commissioners of Collier County, Florida, as the
"Franchise Authority" hereby consents the transactions to the extent that its consent is
authorized by the terms of the Franchise Agreement and by applicable law, and accepts
Vice President Willard's letter of June 11,2002 as an amendment to the Franchise
Agreement.
THIS RESOLUTION ADOPTED this _ day of June, 2002, after motion,
second and majority vote favoring adoption; this Resolution is effective immediately.
ATTEST:
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sfgnature only. COLLIER CO
BY:~~'~'BY:
Deputy Clerk
J
N. COLETTA, Chairman
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Approved as to form
And legal sufficiency:
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Thomas C. Palmer
Assistant County Attorney
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