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AN ORDINANCE approving, subject to conditions, the extension of Franchise 13637 for two additional years.
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STATEMENT OF FACTS:
1. King County is granted authority under federal and county law and the terms of the existing cable television franchise to grant an extension to the term of Franchise via King County Ordinance 13637 held by Summit Cablevision L.P. ("the franchisee") and Millennium Digital Media Systems, L.L.C., the sole general partner and the owner of all partnership interests in Summit Cablevision L.P., as guarantor.
2. The franchisee provides cable television service in unincorporated King County under cable television franchise via King County Ordinance 13637 ("the franchise agreement").
3. The franchise agreement expired October 11, 2009.
4. K.C.C. 6.27A.030.A. provides for franchise terms of no more than fifteen years. The franchisee was granted a ten-year term pursuant to Ordinance 13637.
5. On January 2, 2009, the franchisee and guarantor commenced cases under Chapter 11 of Title 11 of the United States Code.
6. On June 30, 2009, the county filed a proof of claim with the United States Bankruptcy Court for the District of Delaware.
7. The bankruptcy was not concluded before October 11, 2009.
8. During the past two years, the county conducted an audit to determine if all franchise fees owed under the franchise agreement were paid by the franchisee. The auditor determined that the franchisee owes the county money for unpaid franchise fees.
9. In May 2006, February 2007 and October 2008, the county performed technical audits of the franchisee's cable system to determine if the cable system met the operational and technical requirements identified in the franchise agreement. The county's consultant determined that the franchisee was not in compliance with the technical requirements of the franchise agreement.
10. The franchisee is not in compliance with technical matters related to the operation of the cable system and the su...
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