2016-97 2016-97
Approving The Change Of Indirect Control Of The Franchisee Under The Cable
Television Franchise Under The Cable Television Franchise
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on February
22, 2016.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2016-97
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Mover Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Seconder Q ❑ ❑ ❑
The following Resolution was introduced by Supervisor Jiava and seconded by
Councilman Kuzmicz.
WHEREAS, Cablevision of Wappingers Falls, Inc. ("Franchisee") owns, operates and
maintains a cable television system (the "System") in the Town of Wappinger, New York
pursuant to a cable television franchise ("Franchise") granted by the governing body of the Town
of Wappinger (the "Town Board"), and Franchisee is the current duly authorized holder of the
Franchise; and
WHEREAS, pursuant to an Agreement and Plan of Merger ("Agreement"), Neptune
Merger Sub Corp., a Delaware corporation and a subsidiary of Altice N.V. ("Acquiror"), will
merge with Cablevision Systems Corporation ("Cablevision") (which owns 100% of the
ownership interests in Franchisee), and, as a result, the indirect control of Franchisee will change
(the "Change of Control"); and
WHEREAS, Franchisee and Acquiror have requested the consent of the Town Board to
the Change of Control in accordance with the requirements of the Franchise and have filed an
FCC Form 394 with the Town Board dated October 30, 2015 (the "Application"); and
WHEREAS, the Town Board has reviewed the Application, followed all required
procedures in order to consider and act upon the Application, considered the comments of all
interested parties, and concluded that Acquiror has the legal, financial and technical
qualifications of Acquiror to indirectly control Franchisee,
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board has reviewed the contents of the Application to determine its
compliance with the provisions of Article 7 of the Franchise with respect to:
a) The experience of proposed assignee or transferee;
b) The managerial and technical qualifications of proposed assignee or transferee;
c) The legal integrity of proposed assignee or transferee;
d) The financial ability and stability of the proposed assignee or transferee;
e) The plans of the proposed assignee or transferee as to operation and maintenance of
the System; and
f) The likely effects of the transfer or assignment on the health, safety, and welfare of
the citizenry of the community relative to the operation of the System.
3. The Town Board hereby consents to the Change of Control and determines that
such change is in accordance with the terms of the Franchise and applicable law and serves the
interest of the Town of Wappinger.
4. The Town Board hereby authorizes and directs the Supervisor of the Town to sign
any documents necessary to evidence the consent of the Town of Wappinger to the Change of
Control.
5. The obligations of the parties under the Franchise shall continue and this
Resolution shall not be deemed to amend any provision of the Franchise which shall continue in
full force and effect under its original terms.
This Resolution shall take effect immediately.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Lori A. Jiava, Supervisor
SECONDER: Michael Kuzmicz, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
2/22/2016
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK