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<br />A-2002-070
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<br />iNiUf¡¡iNG~ ON FILE
<br />VI(jIìK MAY PROCEED
<br />liNfiL INSURANCE EXPIRES .~,))
<br />Cl[NK;F~~~N~L 3 \,"~ FOURTH ~ENDMENT
<br />
<br />DATE 3 ;~-O6 CABLE TELEVISION FRANCHISE AGREEMENT
<br />
<br />C' / C4ó
<br />(/ )() r¿{~, THIS FOURTH AMENDMENT TO THE CABLE TELEVISION FRANCHISE
<br />'.!J. AGREEMENT, effective as of the date specified below in Section 4, is entered into by the City
<br />of Santa Ana, a municipal corporation of the State of California ("Grantor"), and Adelphia
<br />Cablevision of Santa Ana, LLC ("Grantee"), dba Adelphia Cable Communications.
<br />
<br />RECITALS:
<br />
<br />A. Grantee currently operates and maintains a cable television system in the
<br />City of Santa Ana under the authority of Sections 1300 ~~. of the Santa Ana City Charter,
<br />Article II of Chapter 15 of the Santa Ana Municipal Code, entitled "Community Antenna
<br />Television Systems," and Ordinance No. NS-1628, as adopted on May 3, 1982, which granted a
<br />nonexclusive franchise to Group W. Cable, Inc., a New York corporation. The tenns of that
<br />nonexclusive franchise were set forth in that certain agreement dated June 21, 1982, entitled "An
<br />Agreement between the City of Santa Ana and Group W Cable, Inc. to Use the Streets and
<br />Public Ways within the City of Santa Ana for the Operation of a Cable Television System for
<br />Fifteen Years under Certain Tenns and Conditions and Fixing an Effective Date." This
<br />Agreement was later modified by a First Amendment to Agreement dated February 7,1983, by a
<br />Second Amendment to Agreement dated December 28, 1984, and by a Third Amendment to
<br />Franchise Agreement dated March 6, 1989.
<br />
<br />B. Under the provisions of paragraph (d) of Section 13 of the Third
<br />Amendment to Franchise Agreement dated March 6, 1989, the City consented to the transfer of
<br />the cable television franchise from Group W Cable, Inc. to Comcast Cablevision of Santa Ana,
<br />Inc., a Delaware corporation,
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<br />C. By letter dated January 31, 1997, and in accordance with Section 2.1
<br />("Grant") ofthe Agreement, as amended by the Second Amendment to Agreement dated
<br />December 28,1984, the Grantee's predecessor-in-interest exercised its option to extend the
<br />initial IS-year tenn ofthe franchise for an additional five years by giving written notice by
<br />certified mail to the Grantor's City Manager. The Agreement is now scheduled to tenninate at
<br />midnight on June 20, 2002.
<br />
<br />D. In a transaction that was consummated on December 31, 2000, Comcast
<br />Cablevision of Santa Ana, Inc. was converted to a Delaware limited liability company, and all of
<br />the ownership interests in Comcast Cablevision of Santa Ana, LLC were transferred by its parent
<br />corporation, Comcast Cablevision Corporation of California, to a wholly-owned subsidiary of
<br />the ultimate parent corporation, Adelphia Communications Corporation, This transaction, which
<br />involved a change of control, did not require the prior consent ofthe Grantor under Section 1300
<br />of the Santa Ana City Charter.
<br />
<br />E. On February 15, 2001, a Certificate of Amendment to Certificate of
<br />Fonnation was filed by Comcast Cablevision of Santa Ana, LLC with the Delaware Secretary of
<br />
<br />668115-3
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