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<br />RESOLUTION NO. 4580 <br /> <br />A RESOLUTION CONSENTING TO AT&T ACQUIRING <br />CONTROL OF TCI, SUBJECT TO SPECIFIC CONDITIONS. <br /> <br />The City Council of the City of Eugene finds that: <br /> <br />A. The City Council granted TCI Cablevision of Oregon, Inc. a non-exclusive franchise <br />to operate a cable television system in the City of Eugene on May 13, 1991. Lane County, and the <br />City of Springfield have identical franchise agreements with TCI Cablevision of Oregon, Inc. <br /> <br />B. On September 2, 1998, TCI Cablevision of Oregon, Inc. gave notice to the cities of <br />Eugene and Springfield, and to Lane County, of a proposed change in control that would result from <br />a merger between Tele-Communications, Inc. (TCI), the local franchisee's parent, and AT&T Corp. <br />(AT&T), and requested that the City consent to the transfer of control. <br /> <br />C. As provided in the franchise agreement, on September 28, 1998 the City requested <br />that the Metropolitan Policy Committee (MPC) initiate an inquiry into the proposed merger of TCI <br />and AT&T. MPC initiated such an inquiry, the respective jurisdictions forwarded a request for <br />information to TCI Cablevision of Oregon, Inc., and AT&T has responded by letter dated November <br />25, 1998 from Richard E. Thayer to Milo Mecham, Lane Council of Governments. <br /> <br />D. At the present time both TCI and AT&T have raised a legal challenge to City <br />Ordinance 20083, and are in non-compliance with that ordinance. Consent to the proposed merger <br />is in reliance on AT&T's responses to MPC's inquiry and is conditioned upon TCI and AT&T <br />agreeing to promptly cure the non-compliance with Ordinance 20083 if the City ultimately prevails <br />in the pending litigation. <br /> <br />NOW, THEREFORE, <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a <br />Municipal Corporation of the State of Oregon, as follows: <br /> <br />Section 1. That the City of Eugene hereby grants its consent to permit AT&T to acquire <br />control ofTCI Cablevision of Oregon, Inc., through the merger ofTCI and AT&T as set forth in the <br />September 2, 1998 notice from TCI Cablevision of Oregon, Inc., a copy of which is attached hereto <br />as Exhibit A, subject to the following conditions: <br /> <br />1. 1 That if the City of Eugene ultimately prevails in the legal challenges to <br />Ordinance No. 20083 filed by TCI and AT&T which are now pending, TCI and AT&T, who <br />are now in non-compliance with that Ordinance, will promptly cure such non-compliance, <br /> <br />Resolution - 1 <br />