Title
APPROVING AN APPLICATION FOR FRANCHISE AUTHORITY CONSENT TO THE ASSIGNMENT OF THE CABLE TELEVISION FRANCHISE FROM AMERITECH NEW MEDIA, INC. DBA AMERICAST TO WIDEOPENWEST OHIO, LLC, AND TO DECLARE AN EMERGENCY
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WHEREAS, the City of Gahanna ("the City") has been certified as a franchising authority by the Federal Communications Commission ("FCC") and has the authority to grant cable television franchises in the City in accordance with the laws of the United States, the rules and regulations of the FCC, the laws of the State of Ohio and the City's Code of General Ordinances ("Code"); and
WHEREAS, pursuant to Ordinance No. 980343, the City on September 8, 1998 granted a non-exclusive franchise ("Franchise") to Americast for the construction, operation, and maintenance of a cable television system ("System) in the City for a period of fifteen (15) years; and
WHEREAS, Americast and WideOpenWest ("WOW") jointly submitted to the City their application on FCC Form 394, application for Franchise Authority Consent to Assignment of the Cable Television Franchise ("Application"), dated June 6, 2001, requesting that the City acknowledge receipt of, and approve, the Application; and
WHEREAS, Americast and Wide Open West Holdings, LLC ("WOH), have entered into an Asset Purchase Agreement dated May 23, 2001 for the Sale of the Americast Cable System to WOH; and
WHEREAS, WOW is an entity that is wholly owned and controlled by WOH; and
WHEREAS, the Asset Purchase Agreement will result in WOW, through WOH, assuming all the rights and obligations of Americast pertaining to Americast Cable System; and
WHEREAS, pursuant to Section XXV of the Franchise, the City's approval is required prior to the assignment or transfer or control of a cable television franchise providing cable television service in the City; and
WHEREAS, based on a review and examination of the Application, the City is willing to grant its approval of the proposed ...
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