Title
TO APPROVE AN APPLICATION FOR FRANCHISE AUTHORITY CONSENT TO THE TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISE FROM WIDEOPEN WEST OHIO, LLC AS AN INDIRECT AND WHOLLY OWNED SUBSIDIARY OF WIDEOPEN WEST HOLDINGS, LLC, TO RACECAR ACQUISITION, LLC, A WHOLLY OWNED SUBSIDIARY OF AVISTA CAPITAL PARTNERS.
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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 Codified Ordinances of the City of Gahanna; and
WHEREAS, pursuant to Ordinance No. 980343, the City on September 8, 1998 granted a non-exclusive franchise to Ameritech New Media, Inc. dba Americast for the construction, operation, and maintenance of a cable television system in the City for a period of fifteen (15) years pursuant to Chapter 751 and the Code; and
WHEREAS, pursuant to ORD-0204-2001, the City authorized the Assignment of the Franchise from AMERICAST to WOW; and
WHEREAS, on or about December 22, 2005, WOW and RACECAR jointly submitted to the City their application for FCC Form 394, Application for Franchise Authority Consent to Transfer of Control of the Cable Television, dated December 22, 2005, requesting the City acknowledge receipt of, and approve, the Application; and
WHEREAS, WOW HOLDINGS and AVISTA have executed a Plan of Merger dated December 13, 2006, whereby RACECAR will own and control all of the assets of WOW; and
WHEREAS, following the Transaction, RACECAR will be the holder of the Franchise and WOW's officers, managers, service offerings, business plan, and pricing will not change as a result of such Transaction; and
WHEREAS, the Application provides for, among other things, representations from WOW and RACECAR regarding their legal, technical and financia...
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