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I <br />i <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> I <br />i <br /> <br />without final consent of the above named franchise authorities could <br />result in immediate implementation of franchise revocation <br />procedures. <br /> <br />Creighton then stated that in his opinion that on October 28, 1996 the <br />Cable Company was placed on notice that to proceed with closing of the <br />transactions with the existing consent resolution could the viewed as a <br />violation of the Franchise. <br /> <br />Creighton then stated that he had not received anything in writing <br />from U.S.West since October 18, 1996, but did have some phone contact <br />with Mr. Gibbs and maintained our position consistently that <br />proceeding to close these transitions would violate the consent <br />resolutions. <br /> <br />On November 15, 1996 Creighton received a hand delivered letter at <br />approximately 9:40 a.m.. This letter stated, "Please by advised that the <br />merger of Continental into Continental Merger Corporation, a <br />Subsidiary of U.S. West, is closing today. <br /> <br />Creighton then sent a letter date November 15, 1996, in response to the <br />closing notification. This letter stated In response to your notification <br />that the merger of Continental Cable vision, Inc. with U.S. West, Inc. <br />closing today, transmitted herewith please find our letter of October 28, <br />1996. As indicated therein, all conditions of the Consent Resol~ation <br />adopted by our above-referenced clients have not been satisfied. <br />Accordingly, you are not authorized to close the proposed merger with <br />respect to the above-referenced ~y~tems, and any such closing will <br />constitute a violation of each of the Franchises held by the member <br />municipalities which comprise the above-referenced communications <br />commis~ion~. <br /> <br />Irt the event of cloMng, we will recommend the enforcement Of <br />appropriate sanction~ pursuant tO the Franchi~e~, including, but not <br />limited to, termination of the respective Franchises, We will attempt <br />to forward thi~ information to the closing agent(s) but direct you to <br />immediately provide this information to same. <br /> <br />Creighton stated that he was in Washington D.C. on business, <br />however, Bob Vose and himself were in contact. <br /> <br />Creighton stated that Mr. Vose then went on to call U.S. West directly <br />in Denver and asked to speak to the individual responsible. Vose then <br />identified himself as being from Minnesota and was immediately <br />informed that the closing had already been completed. <br /> <br /> <br />