Explanation
BACKGROUND:
This ordinance approves the transfer of control of WideOpen West Ohio, LLC ("WOW Ohio"), as holder of a Cable Service Permit ("Permit"), from WideOpen West Holdings, LLC, ("Transferor") to Racecar Acquisition, LLC ("Transferee"). The Permit was issued by Columbus City Council pursuant to Chapter 595 of the Columbus City Code to WOW Ohio in 2001. Currently, the Transferor has entered into an Agreement and Plan of Merger with Transferor to transfer control of the service permit to Transferee. Transferor and Transferee have jointly filed a Federal Communications Commission Form 394 with the City's Department of Technology requesting consent to the transfer of control of WOW Ohio from the Transferor to the Transferee.
FISCAL IMPACT:
No fiscal impact upon the City of Columbus is anticipated or foreseen.
EMERGENCY:
This legislation is being submitted as an emergency for the expedient approval of this transfer of control, which will coincide with Section 537 of Title 47, United States Code. This code states that a franchising authority shall, if the franchise requires franchise approval of a sale or transfer, have 120 days to act upon any request for approval of such sale or transfer that contains or is accompanied by such information as is required in accordance with Federal Communications Commission regulations and by the franchising authority.
Title
To approve the transfer of control of the Permit held by WOW Ohio from WideOpen West Holdings, LLC to Racecar Acquisition, LLC; and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio ("City") has received FCC Form 394 (Application for Permit Authority Consent to Assignment or Transfer of Control of Cable Service Permit) requesting consent to the transfer of control of WOW Ohio from the Transferor to the Transferee; and
WHEREAS, the City has furnished representatives of WideOpenWest Holdings, LLC and Racecar Acquisition, LLC each with the documents...
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