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HomeMy WebLinkAbout20000906.tiff RESOLUTION RE: TRANSFER AND ASSIGNMENT OF CABLE TV FRANCHISE FROM COMCAST CORPORATION, INC., TO COMCAST COLORADO HOLDINGS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado ("County") approved and enacted Weld County Ordinance No. 94 on December 14, 1981, authorizing the granting of cable TV franchises in Weld County, Colorado, and WHEREAS, said Ordinance No. 94 was amended by Weld County Ordinance No. 94-A on December 21, 1982, and Weld County Ordinance No. 94-B on February 12, 1985, and WHEREAS, on February 26, 1996, County adopted a Resolution granting to Comcast Corporation, Inc. ("Comcast") a cable television franchise, and WHEREAS, Comcast Corporation, Inc., now requests the transfer of its franchise to Comcast Colorado Holdings, LLC, and Comcast Colorado Holdings, LLC, desires to assume all duties and obligations of Comcast under the franchise, and WHEREAS, Comcast Colorado Holdings, LLC, will now hold the franchise directly, and WHEREAS, the application by Comcast Colorado Holdings, LLC, requesting the approval of the transfer of the franchise is complete. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado: SECTION 1 County hereby consents to the assumption by Comcast Colorado Holdings, LLC, of all of the duties and obligations under the franchise. SECTION 2 County acknowledges that as of the date hereof,the franchise is in full force and effect,the same as is held by, and the rights and privileges granted thereunder, inuring the benefit of Comcast, and that to the best of the knowledge of the Board of County Commissioners, Comcast is in full compliance with the franchise. SECTION 3 That the approval hereby granted is given pursuant to the terms and provisions of the franchise, but do not, however, constitute and shall not be construed to constitute a disclaimer or 2000-0906 ORD94 re , Corr,Cqsv RE: TRANSFER CABLE TV FRANCHISE TO COMCAST COLORADO HOLDINGS, LLC PAGE 2 waiver of any rights granted or any duties or obligations imposed by the franchise, except has provided herein. SECTION 4 That the franchise originally held by Comcast Colroado Holdings, LLC,was duly and legally adopted and approved by the County, and that said franchise is hereby validated, ratified, and confirmed. SECTION 5 That Comcast Colorado Holdings, LLC, shall be controlled at all times during its operation, installation, and maintenance of the system pursuant to the franchise by all provisions of said Ordinance No. 94, as amended,and that any such terms of said ordinance are incorporated herein as if fully restated. SECTION 6 That Comcast Colorado Holdings,LLC,shall not assign the franchise granted herein,or any right or interest contained therein, without the written consent of County; provided, however, that Comcast Colorado Holdings, LLC, has the right to assign, mortgage, or pledge the franchise as collateral security for any loan to purchase and/or operate the cable television system. SECTION 8 That the sections of this Resolution are hereby declared to be severable,and if any section, provision, or any part hereof shall be held to be unconstitutional or invalid or unenforceable, such section, provision, or part shall be fully severable and this Resolution shall be construed and enforced as if such section, provision, or part never comprise a part hereof and the remaining sections, provisions, and parts hereof shall remain in full force and effect and shall not be affected by any unconstitutional or invalid or unenforceable section, provision, or part, or by its severance herefrom. SECTION 9 That the transfer of this franchise shall become effective upon signature of this Resolution. 2000-0906 ORD94 RE: TRANSFER CABLE TV FRANCHISE TO COMCAST COLORADO HOLDINGS, LLC PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of April, A.D., 2000. BOARD OF COUNTY COMMISSIONERS WE D COUNTY, COLO DO ATTEST: Li/ arbara Kirkmeyer, hair Weld County Clerk to the (BY: di ;:'�;� �'^ r . . Geile, Pro-Tern Deputy Clerk to the Boa rg . Baxter APPR VED AS TO FORM: Dale K. Hall ounty rn Glenn Vaad 2000-0906 ORD94 Memo to Board of County Commissioners for Weld County, Colorado From: Cyndy Giauque, Assistant Weld County Attorney Date: April 19, 2000 RE: Application by Comcast Corporation, Inc. for transfer of Franchise Scripps Howard Cable Company ("Scripps Howard") was granted a cable television franchise by Resolution dated February 26, 1996. At the time the franchise was granted, the transfer of the franchise from Scripps Howard to Comcast Corporation, Inc. ("Comcast") was contemplated, and the transfer of the franchise was simultaneously approved, pursuant to the terms of the Franchise Agreement. Comcast has recently submitted a request for approval for an assignment of its holdings to a different subsidiary of Comcast. Comcast's letter dated January 3, 2000, states that "...neither control nor operation of the cable system will change as a result of this reorganization...." A copy of the letter summarizing the transaction, and the application are attached. The request for approval was submitted, pursuant to the requirements of the Franchise Agreement. Section 27.2 (b) of the Franchise Agreement provides that Upon receipt of all requested information, the County shall render a final written decision on the request within 120 days of the request. If the County fails to render a final decision on the request within 120 days, such request shall be deemed granted unless the requesting party and the County agree to an extension of time. We recommend approval of the request, since it involves only a reorganization within the same large company. If you have any questions, I am available. COMCAST COMMUNICATIONS COMMUNITIES SERVED: 434 KIM BARK STREET BATTLEMENT MESA FORT LUPTON LOUISVILLE LONGMONT.COLORADO 80501 BERTHOUD LARIMER COUNTY LOVELAND (303)776-6600•(970)663-2000 CAMPION LAFAYETTE PARACHUTE FAX(303)678-5302 ERIE LONGMONT SUPERIOR COMCAST® January 3,2000 Cyndy Giauque Assistant County Attorney Weld County 915 10th Street 3rd Floor Greeley,CO 80631 Dear Cyndy: This letter is to notify you of an internal reorganization of Comcast SCH Holdings, Inc. ("SCH Holdings"), which currently holds the franchise to provide cable television service to your community. In connection with the reorganization, the franchise will be assigned to a wholly owned subsidiary of SCH Holdings. Although neither control nor operation of the cable system will change as a result of this reorganization, we are required under the franchise to obtain your consent to the proposed transaction. As you are aware,SCH Holdings is a directly held subsidiary of Comcast Cable Communications,Inc. ("Comcast"). As part of the reorganization, SCH Holdings will transfer the cable television franchise to a new limited liability company, Comcast Colorado Holdings, LLC ("Colorado Holdings"). Colorado Holdings will then be a wholly owned subsidiary of SCH Holdings. Immediately thereafter, SCH Holdings will merge into and with Comcast SCH Holdings,LLC ("SCH Holdings,LLC"), which also is a wholly owned subsidiary of Comcast. Ultimate control of the cable system and the franchise will be unchanged by the reorganization and Comcast will continue to operate and manage the cable system as before. We believe that the enclosed FCC Form 394 and associated materials provide your community with the information necessary to act on our request. We also request that the enclosed form of resolution be adopted granting consent to the transaction. To the extent that the[Town/County]desires to change the form of resolution—and we understand and appreciate that it might— we would like to be involved in that process to ensure that the final language of the resolution is mutually acceptable and conforms to the proposed transaction. It is our pleasure and privilege to continue to serve your community. If you have any questions, please call our representative,Jeffrey E. Smith at(215)981-8524. Sincerely, 4-14"tecc76, Stan Reifschneide General Manager DCLIB02:330866-I Comcast Communications An Equal Opportunity Employer CC' E 4 , L COMCAST SCH HOLDINGS, INC. COMCAST COLORADO HOLDINGS, LLC APPLICATION FOR FRANCHISE AUTHORITY CONSENT TO ASSIGNMENT OF CABLE TELEVISION FRANCHISE (FCC FORM 394) WELD COUNTY, COLORADO DECEMBER 29, 1999 Federal Communications Commission Approved By OMB Washington,DC 20554 FCC 394 3060-0573 APPLICATION FOR FRANCHISE AUTHORITY CONSENT TO ASSIGNMENT OR TRANSFER OF CONTROL OF CABLE TELEVISION FRANCHISE FOR FRANCHISE AUTHORITY USE ONLY SECTION I. GENERAL INFORMATION DATE December 30, 1999 1.Community Unit Identification Number pending 2. Application for: ❑x Assignment of Franchise nTransfer of Control 3. FranchisingAuthority:Weld County, Colorado 4. Identify community where the system/franchise that is the subject of the assignment or transfer of control is located: Weld County, Colorado 5. Date system was acquired or(for system's constructed by the transferor/assignor)the date on which service was provided to the first subscriber in the franchise area: November 1996 6. Proposed effective date of closing of the transaction assigning or transferring ownership of the system to transferee/assignee: First Quarter 2000 7. Attach as an Exhibit a schedule of any and all additional information or material filed with this Exhibit No. application that is identified in the franchise as required to be provided to the franchising 1 ^ authority when requesting its approval of the type of transaction that is the subject of this application. PART I -TRANSFEROR/ASSIGNOR 1. Indicate the name,mailing address,and telephone number of the transferor/assignor. Legal name of Transferor/Assignor(if individual, list last name first) Comcast SCH Holdings, Inc . Assumed name used for doing business(if any) Mailing street address or P.O.Box 434 Kimbark Street City State ZIP Code Telephone No.(include area code) Longmont CO 80501 (303) 776-6600 2. (a) Attach as an Exhibit a copy of the contractor agreement that provides for the assignment or Exhibit No. transfer of control(including any exhibits or schedules thereto necessary in order to understand the terms thereof). If there is only an oral agreement, reduce the terms to writing and attach. 2 (Confidential trade,business,pricing or marketing information,or other information not otherwise publicly available,may be redacted). (b) Dces the contract submitted in response to(a)above embody the full and complete agreement ❑x Yes ❑ No between the transferor/assignor and the transferee/assignee? If No,explain in an Exhibit. Exhibit No. FCC 394(Page 1) September 1996 PART II -TRANSFEREE/ASSIGNEE 1. (a) Indicate the name, mailing address,and telephone number of the transferee/assignee. Legal name of Transferee/Assignee(if individual, list last name first) Comcast Colorado Holdings, LLC Assumed name used for doing business(if any) Mailing street address or P.O. Box 1500 Market Street City State ZIP Code Telephone No. (include area code) Philadelphia PA 19102 (215) 665-1700 (b) Indicate the name, mailing address, and telephone number of person to contact, if other than transferee/assignee. Name of contact person(list last name first) See Exhibit 3 Firm or company name(if any) Mailing street address or P.O. Box City State ZIP Code Telephone No.(include area code) (c) Attach as an Exhibit the name, mailing address, and telephone number of each additional person Exhibit No. who should be contacted, if any. (d) Indicate the address where the system's records will be maintained. Street Address 434 Kimbark Street City State ZIP Code Longmont CO 80501 2. Indicate on an attached exhibit any plans to change the current terms and conditions of service and operations of the system as a consequence of the transaction for which approval is sought. Exhibit No. 4 FCC 394(Page 2) September 1996 SECTION II. TRANSFEREE'S/ASSIGNEE'S LEGAL QUALIFICATIONS 1. Transferee/Assignee is: ❑ Corporation a. Jurisdiction of incorporation: d. Name and address of registered agent in jurisdiction: b. Date of incorporation: c. For profit or not-for-profit: ❑ Limited Partnership a.Jurisdiction in which formed: c. Name and address of registered agent in jurisdiction: b. Date of formation: ❑ General Partnership a.Jurisdiction whose laws govern formation: b. Date of formation: ❑ Individual ❑X Other. Describe in an Exhibit. Exhibit No. 5 2. List the transferee/assignee, and, if the transferee/assignee is not a natural person, each of its officers, directors, stockholders beneficially holding more than 5% of the outstanding voting shares, general partners, and limited partners holding an equity interest of more than 5%. Use only one column for each individual or entity. Attach additional pages if necessary. (Read carefully-the lettered items below refer to corresponding lines in the following table.) (a) Name, residence, occupation or principal business, and principal place of business. (If other than an individual, also show name, address and citizenship of natural person authorized to vote the voting securities of the applicant that it holds.) List the applicant first, officers, next,then directors and, thereafter, remaining stockholders and/or partners. (b) Citizenship. (c) Relationship to the transferee/assignee(e.g., officer,director, etc.). (d) Number of shares or nature of partnership interest. (e) Number of votes. (f) Percentage of votes. (a) See Exhibit 5 (b) (c) (d) (e) (U FCC 394(Page 3) September 1996 3. If the applicant is a corporation or a limited partnership, is the transferee/assignee formed under the ❑ Yes ❑ No laws of, or duly qualified to transact business in, the State or other jurisdiction in which the system operates? If the answer is No, explain in an Exhibit. Exhibit No. 5 4. Has the transferee/assignee had any interest in or in connection with an applicant which has been ❑ Yes E No dismissed or denied by any franchise authority? If the answer is Yes,describe circumstances in an Exhibit. Exhibit No. 5. Has an adverse finding been made or an adverse final action been taken by any court or ❑ Yes D No administrative body with respect to the transferee/assignee in a civil, criminal or administrative proceeding, brought under the provisions of any law or regulation related to the following: any felony; revocation, suspension or involuntary transfer of any authorization (including cable franchises)to provide video programming services; mass media related antitrust or unfair competition;fraudulent statements to another government unit; or employment discrimination? If the answer is Yes, attach as an Exhibit a full description of the persons and matter(s) involved, Exhibit No. including an identification of any court or administrative body and any proceeding (by dates and file numbers, if applicable), and the disposition of such proceeding. 6. Are there any documents, instruments, contracts or understandings relating to ownership or future E Yes ❑x No ownership rights with respect to any attributable interest as described in Question 2(including, but not limited to, non-voting stock interests, beneficial stock ownership interests, options,warrants, debentures)? Exhibit No. If Yes, provide particulars in an Exhibit. 7. Do documents, instruments, agreements or understandings for the pledge of stock of the ❑ Yes E No transferee/assignee, as security for loans or contractual performance, provide that: (a)voting rights will remain with the applicant, even in the event of default on the obligation; (b) in the event of default,there will be either a private or public sale of the stock; and(c) prior to the exercise of any ownership rights by a purchaser at a sale described in (b), any prior consent of the FCC and/or of the franchising authority, if required pursuant to federal, state or local law or pursuant to the terms of the franchise agreement will be obtained? If No, attach as an Exhibit a full explanation. Exhibit No. 6 SECTION III. TRANSFEREE'S/ASSIGNEE'S FINANCIAL QUALIFICATIONS 1. The transferee/assignee certifies that it has sufficient net liquid assets on hand or available from Yes ❑ No committed resources to consummate the transaction and operate the facilities for three months. 2. Attach as an Exhibit the most recent financial statements, prepared in accordance with generally Exhibit No. accepted accounting principles, including a balance sheet and income statement for at least one full 7 year,for the transferee/assignee or parent entity that has been prepared in the ordinary course of business, if any such financial statements are routinely prepared. Such statements, if not otherwise publicly available, may be marked CONFIDENTIAL and will be maintained as confidential by the franchise authority and its agents to the extent permissible under local law. SECTION IV.TRANSFEREE'S/ASSIGNEE'S TECHNICAL QUALIFICATIONS Set forth in an Exhibit a narrative account of the transferee's/assignee's technical qualifications, experience Exhibit No. and expertise regarding cable television systems, including, but not limited to, summary information about a appropriate management personnel that will be involved in the system's management and operations. The transferee/assignee may, but need not, list a representative sample of cable systems currently or formerly owned or operated. September 1996 FCC 394(Page 4) SECTION V-CERTIFICATIONS Part I -Transferor/Assignor All the statements made in the application and attached exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. Signature I CERTIFY that the statements in this application are true, complete and correct to the best of my knowledge and belief and are made in good faith. Date WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE De tuber 30 , 1999 PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, Print full name TITLE 18, SECTION 1001. Jeffrey E. Smith Check appropriate classification: Individual General Partner X Corporate Officer (Indicate Title) Other. Explain: Part II -Transferee/Assignee All the statements made in the application and attached Exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. The transferee/assignee certifies that he/she: (a) Has a current copy of the FCC's Rules governing cable television systems. (b) Has a current copy of the franchise that is the subject of this application, and of any applicable state laws or local ordinances and related regulations. (c) Will use its best efforts to comply with the terms of the franchise and applicable state laws or local ordinances and related regulations, and to effect changes, as promptly as practicable, in the operation system, if any changes are necessary to cure any violations thereof or defaults thereunder presently in effect or ongoing. Signature I CERTIFY that the statements in this application are true, complete and correct to the best of my knowledge and belief and C<K are made in good faith. Date WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE 30 , 1999 PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, Print full name TITLE 18, SECTION 1001. Jeffrey E. Smith Check appropriate classification: Individual General Partner Corporate Officer (Indicate Title) Other. Explain: FCC 394(Page 5) September 1996 FCC Form 394 December 1999 TABLE OF CONTENTS Page Schedule of Required Information Exhibit 1 Purchase Contracts and Related Agreements Exhibit 2 Contact Persons Exhibit 3 Planned Changes Exhibit 4 Ownership Information Exhibit 5 Pledge of Proposed Transferee's Stock Exhibit 6 Financial Qualifications Exhibit 7 Technical Qualifications Exhibit 8 Form of Resolution Authorizing Transfer Exhibit 9 DCLIB02:33691I-1 FCC Form 394 December 1999 EXHIBIT 1 Required Information Attach as an Exhibit a schedule of any and all additional information or material fled with this application that is identified in the franchise as required to be provided to the franchising authority when requesting its approval of the type of transaction that is the subject of this application. Section I, Paragraph 7, FCC Form 394. All information required by the Franchise is contained in the instant FCC Form 394 and the Exhibits thereto. DCLIB02:33691 I-I FCC Form 394 December 1999 EXHIBIT 2 Purchase Contracts and Related Agreements Attach as an Exhibit a copy of the contract or agreement that provides for the assignment or transfer of control (including any exhibits or schedules thereto necessary in order to understand the terms thereof). Section I, Part I, Paragraph 2(a), FCC Form 394. Pursuant to an internal reorganization, Comcast SCH Holdings, Inc. ("SCH Holdings"), a directly held subsidiary of Comcast Cable Communications, Inc. ("Comcast"), proposes to transfer the cable television franchise to a new limited liability company, Comcast Colorado Holdings, LLC ("Colorado Holdings"). Colorado Holdings will be a wholly owned subsidiary of SCH Holdings, the current franchisee. As part of the reorganization, SCH Holdings will assign the cable television system's assets, including the franchise, to Colorado Holdings. Immediately thereafter, SCH Holdings will merge into and with Comcast SCH Holdings, LLC ("SCH Holdings, LLC"), which also is a wholly owned subsidiary of Comcast. At the conclusion of the transactions, the franchise shall be held as depicted in the Attachment to this Exhibit 2. As the proposed transfer of the franchise is part of an entirely internal reorganization, there is no contract or agreement that provides for the proposed transfer. DCLIB02:33691 I-1 Assets Assigned to Colorado Holdings and Current SCH Holdings, Inc. Merges With Post-Transaction Structure SCH Holdings, LLC Structure Comcast Corporation Comcast Corporation Comcast Corporation (PA) (PA) (PA) Comcast Cable Comcast Cable Comcast Cable Communications,Inc. Communications,Inc. Communications,Inc. (DE) (DE) (DE) Comcast SCH Comcast SCH Comcast SCH Comcast SCH Holdings.Inc. Holdings,Inc. Holdings,LLC Holdings,LLC (CO) (DE) (DE) (DE) 1 Comcast Colorado Comcast Colorado Colorado Area Assets Holdings,LLC Holdings,LLC (DE) (DE) 1 Colorado Area Assets Colorado Area Assets Attachment FCC Form 394 December 1999 EXHIBIT 3 Contact Persons Indicate the name, mailing address, and telephone number of the person to contact, if other than transferee/assignee. Section I, Part II, Paragraph 1(b), FCC Form 394. Jeffrey E. Smith Comcast Corporation 1500 Market Street 35th Floor Philadelphia, PA 19103 Tel: (215) 981-8524 Fax: (215) 981-7794 Sheila Willard Comcast Cable Communications, Inc. 1500 Market Street 34th Floor Philadelphia, PA 19103 Tel: (215) 981-7619 Fax: (215) 981-7794 DCLIB02:33691 I-I FCC Form 394 December 1999 EXHIBIT 4 Planned Changes Indicate on an attached exhibit any plans to change the current terms and conditions of service and operations of the system as a consequence of the transaction for which approval is sought. Section I, Part II, Paragraph 2, FCC Form 394. Comcast Colorado Holdings, LLC has no plans to change the current terms and conditions of service or operations of the system as a consequence of the transaction for which approval is sought. DCLIB02:33691 I-I FCC Form 394 December 1999 EXHIBIT 5 Ownership Information List the transferee/assignee, and, if the transferee/assignee is not a natural person, each of its officers, directors, stockholders beneficially holding more than 5% of the outstanding voting shares, general partners, and limited partners holding an equity interest of more than 5%. Section II, Paragraph 2, FCC Form 394. Names and Addresses of 10 Largest Holders of Transferee and of All Persons with a 5% or Greater Ownership Interest in Transferee. (i) Comcast Colorado Holdings, LLC is a Delaware limited liability company and, upon the conclusion of the transactions described in this Application, a wholly owned subsidiary of Comcast SCH Holdings, LLC. Prior to the conclusion of the transactions described in this Application, Comcast Colorado Holdings, LLC will qualify to do business in Colorado and designate a registered agent. (ii) Comcast SCH Holdings, LLC is a Delaware limited liability company and a wholly-owned subsidiary of Comcast Cable Communications, Inc. ("Comcast Cable"). (iii) Comcast Cable is a Delaware corporation and wholly owned subsidiary of Comcast Corporation ("Comcast"). (iv) Comcast is a publicly traded Pennsylvania corporation. As of February 28, 1999, the following persons held a 5% or greater ownership interest in any voting class of Comcast's Common Stock: DCLIB0233691 I-I FCC Form 394 December 1999 Class A Common Stock FMR Corp. I 3,838,200 12.2 % 82 Devonshire Street Boston, MA 02109 Capital Research& Management Co.2 1,940,000 6.2% 333 South Hope Street Los Angeles, CA 90071 Brian L. Roberts 3 799,099 2.5% The information contained in this table with respect to FMR Corp. ("FMR") is based upon filings dated February 12, 1999, made on Schedule 13G by FMR and its controlling shareholders, Edward C. Johnson III, and Abigail P. Johnson, setting forth information as of December 31, 1998. The Schedule 13G indicates that FMR has sole dispositive power as to all of such shares and sole voting power as to 17,300 of such shares, that FMR's wholly owned subsidiary Fidelity Management& Research Company ("Fidelity") is the beneficial owner of 3,820,900 of such shares by reason of acting as an investment adviser to various investment companies, that Fidelity Contrafund, an investment company advised by Fidelity, is the beneficial owner of 3,262,600 of such shares, and that Fidelity International Limited and Fidelity Management Trust Company are the beneficial owners of 16,600 and 700 of such shares, respectively. However, while FMR holds 12.2% of Comcast's Class A Common Stock, it does not hold more than 5%of Comcast's voting interests or of Comcast's outstanding capital stock. 2 The information contained in this table with respect to Capital Research and Management Company ("Capital Research") is based upon filings dated February 11, 1999, made on Schedule 13G by Capital Research setting forth information as of December 31, 1998. The Schedule 13G indicates that Capital Research has sole disposition power as to all of such shares, and that the Growth Fund of America, Inc., an investment company advised by Capital Research, has sole voting power as to 1,680,000 of such shares. However, while Capital Research holds 6.2% of Comcast's Class A Common Stock, it does not hold more than 5% of Comcast's voting interests or of Comcast's outstanding capital stock. 3 As of February 28, 1999, Sural Corporation ("Sural"), a Delaware corporation, owned 8,786,250 shares of Comcast's outstanding Class B Common Stock and 795,038 shares of Comcast's outstanding Class A Common Stock. Mr. Brian L. Roberts, President of Comcast, owns stock representing substantially all of the voting power of all classes of voting securities of Sural. Pursuant to Rule 13d-3 under the Exchange Act, Mr. Brian L. Roberts is deemed to be the beneficial owner of the shares of Class B Common Stock and Class A Common Stock owned by Sural, and he is deemed to be the beneficial owner of an additional 4,061 shares of Comcast Class A Common Stock(including 1,356 shares owned by his wife, as to which he disclaims beneficial ownership). Since each share of Comcast's Class B Common Stock is entitled to fifteen votes, the shares of Class A Common Stock and Class B Common Stock owned by Sural and Mr. Brian L. Roberts constitute approximately 77% of the voting power of the two classes of Comcast's voting Common Stock combined. The Class B Common Stock is convertible on a continued... 2 FCC Form 394 December 1999 1500 Market Street Philadelphia, PA 19102-2148 Class B Common Stock Brian L. Roberts 3 8,786,250 93.0% 1500 Market Street Philadelphia, PA 19102-2148 Ralph J. Roberts° 658,125 7.0% 1500 Market Street Philadelphia, PA 19102-2148 • The address for Comcast Colorado Holdings, LLC, Comcast SCH Holdings, LLC, Comcast Cable and Comcast is: 1500 Market Street 35`h Floor Philadelphia, PA 19102-2148 ...continued share-for-share basis into Class A Common Stock or Class A Special Common Stock. If Sural and Mr. Brian L. Roberts were to convert the Class B Common Stock which they are deemed to beneficially own into Class A Common Stock, Mr. Roberts would beneficially own 9,585,349 shares of Class A Common Stock (approximately 23.8% of the Class A Common Stock). ° Includes 576,579 shares of Class B Common Stock owned by a limited partnership the sole general partner of which is controlled by Mr. Ralph J. Roberts. DCLIB02.336911-1 3 FCC Form 394 December 1999 B. Information Required Under Section 2 of FCC Form 394 with Respect to 5% Owners (a) Name & Address (b) Citizenship (c) Relationship to the transferee/assignee (d) Number of shares (e) Number of votes (0 Percentage of votes (a) Comcast Corporation Ralph J. Roberts Brian L. Roberts 1500 Market Street 1500 Market Street 1500 Market Street Philadelphia, PA 19102-2148 Philadelphia, PA 19102-2148 Philadelphia, PA 19102-2148 (b) N/A USA USA (c) N/A Chairman, Director President, Director (d) N/A 319,070 Class A Common 799,099 Class A Common 658,125 Class B Common 8,786,250 Class B Common (e) N/A 10,190,945 132,592,849 (f) N/A 5.9% 76.6% DCLIB02:336911-1 4 FCC Form 394 December 1999 EXHIBIT 5 Ownership Information Officers and Directors of Transferee and its parents. A. Comcast Colorado Holdings, LLC Comcast SCH Holdings, LLC is the sole member of Comcast Colorado Holdings, LLC. B. Comcast SCH Holdings, LLC Comcast Cable Communications, Inc. is the sole member of Comcast SCH Holdings, LLC. DCLIB02:336911-1 5 FCC Form 394 December 1999 C. Comcast Cable Communications, Inc. Directors Brian L. Roberts Ralph J. Roberts Lawrence S. Smith Stanley L. Wang Officers Ralph J. Roberts Chairman Brian L. Roberts Vice Chairman Stephen B. Burke President Bradley P. Dusto Executive Vice President- Engineering Lawrence S. Smith Executive Vice President Michael S. Tallent Executive Vice President David N. Watson Executive Vice President— Marketing & Customer Service John R. Alchin* Senior Vice President& Treasurer Stephen A. Burch Senior Vice President—Mid-Atlantic Region Michael A. Doyle Senior Vice President—East/West Region William R. Goetz, Jr. Senior Vice President—Southeast Region Thomas R. Hurley Senior Vice President—Programming David A. Juliano Senior Vice President Suzanne L. Keenan Senior Vice President—Customer Service Filemon Lopez* Senior Vice President—Advertising Sales Allen R. Peddrick Senior Vice President—Human Resources Richard A. Petrino Senior Vice President David A. Scott Senior Vice President—Mid-West Region John Riddal Senior Vice President— South Central Region Stanley L. Wang Senior Vice President& Secretary Kenneth Mikalauskas Vice President& Asst. Treasurer Arthur R. Block Vice President, Asst. Treasurer& Asst. Secretary William E. Dordelman Vice President& Asst. Treasurer& Asst. Secretary Donald R. Erickson Vice President& Controller Joseph J. Euteneuer Vice President Thomas R. Nathan Vice President Jeffrey E. Smith Vice President Sheila R. Willard Vice President— Public Relations C. Stephen Backstrom Vice President—Tax Administration Melanie A. Penna Vice President—Human Resources Richard N. Palmer Vice President—Finance East/West Region Jaye S. Gamble, III Vice President—Mid Atlantic Region Barbara A. Gehrig Vice President—Finance Mid-Atlantic Region Richard D. Keenan Vice President—Finance Midwest Region Michael F. Mayer Vice President—Finance South Central Region John C. Barrett Vice President—Finance Southeast Regional DCLIB02:3369111 6 FCC Form 394 December 1999 D. Comcast Corporation Directors Gustave G. Amsterdam Sheldon M. Bonovitz Julian A. Brodsky Joseph L. Castle II Brian L. Roberts Ralph J. Roberts Bernard C. Watson Irving A. Wechsler Anne Wexler Officers Ralph J. Roberts Chairman Julian A. Brodsky Vice Chairman, Asst. Secretary & Asst. Treasurer Brian L. Roberts President Lawrence S. Smith Executive Vice President& Asst. Treasurer John R. Alchin Senior Vice President& Treasurer Stephen B. Burke Senior Vice President Stanley L. Wang Senior Vice President& Secretary C. Stephen Backstrom Vice President—Taxation Amy L. Banse Vice President—Programming Investments Arthur R. Block Vice President&Asst. Treasurer Mark A. Coblitz Vice President—Strategic Planning William E. Dordelman Vice President—Finance & Asst. Treasurer Joseph J. Euteneuer Vice President& Corporate Controller Robert S. Pick Vice President—Corporate Development Kenneth Mikalauskas Vice President& Asst. Treasurer Joseph W. Waz, Jr. Vice President—External Affairs DCLIB02:336911-I 7 FCC Form 394 December 1999 E. Sural Corporation Directors Julian A. Brodsky Edward J. Jones Brian L. Roberts Ralph J. Roberts Officers Ralph J. Roberts Chairman Brian L. Roberts President Julian A. Brodsky Vice President & Treasurer Arthur R. Block Secretary Edward J. Jones Asst. Secretary & Asst. Treasurer *All of the above directors and officers are citizens of the United States, except John R. Alchin and Filemon Lopez. Mr. Alchin is a citizen of Australia and Mr. Lopez is a citizen of Mexico. DCLIB0233691 I-I 8 FCC Form 394 December 1999 EXHIBIT 6 Pledge of Proposed Transferee's Stock Do documents, instruments, agreements or understandings for the pledge of stock of the transferee/assignee, as security for loans or contractual performance, provide that: (a) voting rights will remain with the applicant, even in the event of default on the obligation; (b) in the event of default, there will be either a private or public sale of the stock; and(c)prior to the exercise of any ownership rights by a purchaser at a sale described in (b), any prior consent of the FCC and/or of the franchising authority, if required pursuant to federal, state or local law or pursuant to the terms of the franchise agreement will be obtained? Section II, Paragraph 7, FCC Form 394. There are no documents, instruments, agreements or understandings for the pledge of the Transferee's stock, as security for loans or contractual performance. DCLIB02:336911-I FCC Form 394 December 1999 EXHIBIT 7 Financial Qualifications Attach as an Exhibit the most recent financial statements, prepared in accordance with generally accepted accounting principles, including a balance sheet and income statement for at least one full year,for the transferee/assignee or parent entity that has been prepared in the ordinary course of business. Section III, Paragraph 2, FCC Form 394. Copies of Comcast Corporation's most recent Annual Report (1998), Form 10-K(year ending 1998) and Form 10-Q (3`1 quarter 1999) are attached. DCLIB0233691 I-I COMCAST SUMMARY ANNUAL REPORT 1998 (IN FILE) 2000-0906 ORD94 FCC Form 394 December 1999 EXHIBIT 8 Technical Qualifications A narrative summary of applicant's technical qualifications, experience and expertise regarding cable television systems, including, but not limited to, summary information about appropriate management personnel that will be involved in the system's management and operations. Section IV, FCC Form 394. As described in Exhibit 2, the Franchise will be transferred to a directly held subsidiary of the current Franchisee, which is a subsidiary of Comcast Cable Communications, Inc. ("Comcast"). Thus, ultimate control of the Franchise will remain with Comcast and Comcast will continue to manage and operate the system. DCLIB02:33691 I-I Hello