SEATTLE CITY COUNCIL - Record No: CB 119090

• Record No: CB 119090
• Version: 1
• Council Bill No: CB 119090
• Type: Ordinance (Ord)
• Status: Passed
• Current Controlling Legislative Body: City Clerk
• On agenda: 10/2/2017
• Ordinance No: Ord 125430
• 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: Bruce Harrell
• Supporting documents: 1. Summary and Fiscal Note, 2. Signed Ordinance 125430, 3. Affidavit of Publication

Date	Ver.	Action By	Action	Result
10/5/2017	1	Mayor	returned
10/5/2017	1	City Clerk	attested by City Clerk
10/5/2017	1	Mayor	Signed
10/4/2017	1	City Clerk	submitted for Mayor's signature
10/2/2017	1	City Council	passed	Pass
9/27/2017	1	Education, Equity, and Governance Committee	pass	Pass
9/25/2017	1	City Council	referred
9/13/2017	1	Council President's Office	sent for review
8/30/2017	1	City Clerk	sent for review
8/29/2017	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 122514 and 123741 (Wave Cable Franchise); and
WHEREAS, Wave and the City have reached mutual agreement on a renewed cable franchise, which is pending City approval as Council Bill 119030 (Proposed Renewed Wave Cable Franchise); and
WHEREAS, Wave's sole member and manager is 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, on May 18, 2017, Wave Holdco and other entities entered into a Securities Purchase Agreement (Purchase Agreement) that will result in a transfer of the controlling interest in Wave Holdco and Wave Holdco becoming a wholly-owned subsidiary of Radiate HoldCo and an indirect subsidiary on Radiate Holdings, L.P, a Delaware limited partnership (Radiate); and
WHEREAS, on or about June 16, 2017, Wave Holdco and Radiate submitted an FCC Form 394 Application for Franchise Authority Consent to Change of Control or Transfer of Control of Cable Television Franchise with the City (Application), seeking the City's consent to the proposed transfer of a controlling interest; and
WHEREAS, pursuant to Section 14 of the Wave Cable Franchise, and ...