SEATTLE CITY COUNCIL - Record No: CB 120043

• Record No: CB 120043
• Version: 1
• Council Bill No: CB 120043
• Type: Ordinance (Ord)
• Status: Passed
• Current Controlling Legislative Body: City Clerk
• On agenda: 4/26/2021
• Ordinance No: Ord 126321
• Title: AN ORDINANCE relating to cable television; authorizing the Mayor or the Mayor's designee to approve the transfer of control, subject to conditions, of WaveDivision I, LLC; authorizing the Mayor or the Mayor's designee to execute a Cable Franchise Transfer of Controlling Interest Consent Agreement for the purpose of implementing and administering the transfer; and ratifying and confirming certain prior acts.
• Sponsors: Alex Pedersen
• Supporting documents: 1. Ex A - Corporate Guaranty, 2. Summary and Fiscal Note, 3. Summary Att A - Application Review Report, 4. Summary Att A Att A - Legal Review, 5. Summary Att A Att B - Financial Review, 6. Presentation, 7. Signed Ordinance 126321, 8. Affidavit of Publication

Date	Ver.	Action By	Action	Result
4/30/2021	1	City Clerk	attested by City Clerk
4/30/2021	1	Mayor	returned
4/30/2021	1	Mayor	Signed
4/28/2021	1	City Clerk	submitted for Mayor's signature
4/26/2021	1	City Council	passed	Pass
4/21/2021	1	Transportation and Utilities Committee	pass	Pass
4/19/2021	1	City Council	referred
4/15/2021	1	Council President's Office	sent for review
4/6/2021	1	City Clerk	sent for review
4/6/2021	1	Mayor	Mayor's leg transmitted to Council

CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
title
AN ORDINANCE relating to cable television; authorizing the Mayor or the Mayor's designee to approve the transfer of control, subject to conditions, of WaveDivision I, LLC; authorizing the Mayor or the Mayor's designee to execute a Cable Franchise Transfer of Controlling Interest Consent Agreement for the purpose of implementing and administering the transfer; and ratifying and confirming certain prior acts.
body
WHEREAS, WaveDivision I, LLC, a Washington limited liability company ("Wave"), operates a cable system in Seattle under a franchise with The City of Seattle ("City") authorized under Ordinances 125403 and 125430 ("Wave Cable Franchise"); and
WHEREAS, Wave is a wholly owned subsidiary of WaveDivision Holdings, LLC, a Delaware limited liability company ("Wave Holdings"); and
WHEREAS, Wave Holdings is wholly owned by OH WDH Holdco, LLC, a Delaware limited liability company, which is wholly owned by Wave Holdco, LLC, a Delaware limited liability company ("Wave Holdco"); and
WHEREAS, Wave Holdco is an indirect wholly owned subsidiary of Radiate Holdings, L.P. ("Radiate"); and
WHEREAS, on October 31, 2020, the current ownership of Wave (Radiate and its affiliates) entered into an Agreement and Plan of Merger with Stonepeak Associates IV, LLC, a Delaware limited liability company ("Applicant") and certain of its affiliates (the "Merger Agreement"); and
WHEREAS, as a result of the transactions contemplated by the Merger Agreement ("Transactions"), Radiate will be an indirect wholly owned subsidiary of the Applicant; and
WHEREAS, on December 9, 2020, counsel for Radiate and the Applicant provided to the City's Information Technology Department an FCC Form 394 and associated exhibits ("Application"), which seeks consent to the proposed transfer of control of Wave to the Applicant; and
WHEREAS, pursuant to Section 14 of the Wave Cable Franchise, and Seattle Municipal Code (SMC) subse...