Request for Council Action for Resollution 2003-47 REQUEST FOR COUNCIL ACTION

RESOLUTION: 2003-47

SUBJECT: Change of Control of the City's Franchise Agreement from WideOpenWest Colorado, LLC to Champion Broadband, LLC

RECOMMENDATION: Approval of resolution.

SUMMARY AND BACKGROUND OF SUBJECT MATTER: The Board of Directors of the WideOpenWest parent company has made a prelimanary decision to shut down all Colorado operations. This, unfortunately would mean elimination of service to existing Lakewood customers. The two founders of the company, Dave and Mark Haverkate, have chosen to resign as directors and officers of WideOpenWest and create a new company, Champion Broadband, LLC, which will focus exclusively on its commitments in the Denver market.

City staff has reviewed the change of control and believes that this is the best option for competition for cable services in Lakewood. The City, with this transfer, has the right to review the status of construction every three years and if not satisfied with Champion's position the City has the right to terminate the franchise.

RESOLUTION ADOPTION DATE: June 23, 2003

ORIGINATED BY: Joni Inman, Director Mayor and City Manager's Office

STAFF PERSON RESPONSIBLE: Joni Inman, Director Mayor and City Manager's Office, 303-987-7052

SUBMITTED BY:
Joni D. Inman, Director Mayor and City Manager's

REVIEWED BY:
Joni D. Inman, Director Office Mayor and City Manager's Office
Michael J. Rock, City Manager