City of Pittsburgh - File #: 2002-0564

• File #: 2002-0564
• Version: 2
• Type: Resolution
• Status: Passed Finally
• File created: 5/20/2002
• In control: Committee on General Services, Technology & the Arts
• Final action: 7/3/2002
• Enactment date: 6/25/2002
• Enactment #: 459
• Effective date: 7/3/2002
• Title: Resolution approving the request for an extension of time for the completion of the cable system rebuild pursuant to the Franchise Agreement between the City of Pittsburgh and TCI of Pennsylvania, Inc. a subsidiary of AT&T Corp.
• Indexes: MISCELLANEOUS

Date	Ver.	Action By	Action	Result
7/3/2002	2	Mayor	Signed by the Mayor
6/25/2002	2	City Council	Passed Finally	Pass
6/19/2002	1	Committee on General Services, Technology & the Arts		Pass
6/19/2002	2	Committee on General Services, Technology & the Arts	Affirmatively Recommended as Amended	Pass
6/12/2002	1	Committee on General Services, Technology & the Arts	Held in Committee	Pass
5/29/2002	1	Committee on General Services, Technology & the Arts	Held in Committee	Pass
5/20/2002	1	City Council	Read and referred

Presenter
Presented by Mr. Peduto

AS AMENDED

Title
Resolution approving the request for an extension of time for the completion of the cable system rebuild pursuant to the Franchise Agreement between the City of Pittsburgh and TCI of Pennsylvania, Inc. a subsidiary of AT&T Corp.
Body

WHEREAS, TCI of Pennsylvania, Inc., a subsidiary of AT&T Corp. ("Franchisee"), is the holder of a franchise to operate a cable system franchise in the City of Pittsburgh;

WHEREAS, pursuant to section 4.3 of the Franchise Agreement between City and Franchisee, effective December 30, 1999 (the "Franchise Agreement"), Franchisee agreed to upgrade its cable system in the City not later than June 30, 2002;

WHEREAS, Franchisee notified the City in a letter dated on or about May 13, 2002 that it would be unable to complete the cable system upgrade in accordance with section 4.3 of the Franchise Agreement;

WHEREAS, the City finds that AT&T's explanation satisfies the prescripts set forth at section 4.10(B)(2) of the Franchise Agreement;

WHEREAS, AT&T has announced its intention to merge with Comcast Corporation ("Comcast") to create a new company to be known as AT&T Comcast Corporation ("AT&T Comcast"), pursuant to the terms of an Agreement and Plan of Merger dated on or about December 19, 2001 by and among AT&T, AT&T Broadband Corp. ("AT&T Broadband"), Comcast, and certain of their respective affiliates, and a Separation & Distribution Agreement dated on or about December 19, 2001 by and between AT&T and AT&T Broadband (the "Merger");

WHEREAS, Franchisee has provided information to the City regarding the status of the cable system rebuild as required under the current cable system franchise and has committed to complete that upgrade;

WHEREAS, the City has requested and has received from Comcast certain assurances related to completion of the cable system rebuild pursuant to a letter dated on or about May 9, 2002 (the "Assurance Letter," a copy of whi...