Information

Type: Deliberation

Department: BOCC - Board of County Commissioners

Directors' Update: May 3, 2023

Business Meeting: May 9, 2023

Summary:

Repeal and replace Resolution 23-111

Publications:

Cover Letter To:

Additional Copies To:

Resolution

WHEREAS, Mashell Telecom Inc. (dba Rainier Connect) holds a franchise granting non-exclusive use of various county road rights of way in Lewis County for telecommunications purposes; and

WHEREAS, such franchise was approved by the Board of County Commissioners (BOCC) on April 6, 2021, by Resolution 21-139; and

WHEREAS, Alphaboost Purchaser LLC entered into an agreement to acquire controlling interest in Mashell Telecom Inc. from its current owners ("the transaction"); and

WHEREAS, the BOCC on March 28, 2023, passed Resolution 23-111 to approve the transfer of control of Mashell Telecom Inc., and it was later found that Resolution mischaracterized the purchase transaction related to the transfer; and

WHEREAS, Mashell Telecom Inc. (dba Rainier Connect) will continue to hold the franchise and maintain registration with Washington Utilities and Transportation Commission (WUTC), but the controlling interest of that entity will change as part of the transaction; and

WHEREAS, Chapter 12.40 Lewis County Code and the existing franchise agreement require BOCC consent when controlling interest of a franchisee changes; and

WHEREAS, terms of that franchise require Mashell Telecom Inc. to apply to the county for approval of transfers of controlling interest in the franchise; and

WHEREAS, all other terms of the franchise not mentioned herein remain in full effect; and

WHEREAS, approving the transfer of controlling interest in franchisee Mashell Telecom Inc. to Alphaboost Purchaser LLC is in the best public interest.

NOW THEREFORE BE IT RESOLVED pursuant to Lewis County Code 12.40, regarding that franchise held by Mashell Telecom Inc., Lewis County hereby consents to transfer of controlling interest in Mashell Telecom Inc. to Alphaboost Purchaser LLC; and

NOW THEREFORE BE IT FURTHER RESOLVED Resolution 23-111 is hereby repealed and replaced by this resolution.

DONE IN OPEN SESSION this 9th day of May, 2023.