Ordinance 3706-19 - Laserfiche WebLink

EVERETT WASHINGTON ORDINANCE NO. 3706-19 An Ordinance Approving the Change of Control of Frontier Communications Northwest, INC., with Conditions and Establishing an Effective Date WHEREAS, A. On July 23, 2008, the City of Everett (the "City") adopted Ordinance No. 3077-08 granting a nonexclusive cable franchise to Verizon Northwest Inc., to operate a cable system (the "System") within the city limits of the City of Everett, with an effective date of August 12, 2008 (the "Franchise"). B. On November 25, 2009, the City adopted Ordinance No. 3155-09 approving the transfer of control of Verizon Northwest Inc.,from Verizon Communications Inc. (its parent entity)to Frontier Communications Corporation. C. Frontier Communications Corporation changed the name of the franchisee Verizon Northwest Inc.,to Frontier Communications Northwest Inc., (the "Franchisee")which is the duly authorized holder of the Franchise. D. On May 28, 2019, Northwest Fiber, LLC ("Northwest Fiber") entered into an agreement(the "Purchase Agreement") with Frontier Communications Corporation and its wholly-owned subsidiary Frontier Communications ILEC Holdings, LLC (together"Frontier") in order to acquire control of the Franchisee, among other Frontier controlled entities(the "Transaction"). E. Pursuant to the Purchase Agreement, Franchisee will become a direct,wholly-owned subsidiary of Northwest Fiber. F. Northwest Fiber has requested that the City consent to the Transfer and, in accordance with the requirements of the Franchise and federal law, Northwest Fiber has filed an FCC Form 394, together with Exhibits and related materials (all hereinafter collectively the "Application")with the City. G. Section 11 of the Franchise requires that the Franchisee obtain the consent of the City for any change of control, including such change of control that will occur as a result of this Transaction. H. The consent of the City to the change of control that will occur as a consequence of the closing of the Transaction shall not constitute a waiver or release of any rights the City or Franchisee may have under the Franchise.