ORDINANCE NO. BL2001-582

An ordinance granting a franchise to Digital Access Corporation of Tennessee, Inc. to construct, operate, and maintain a telecommunications system within Metropolitan Nashville and Davidson County under the provisions of Metropolitan Code of Laws, Title 6, Rule 26.

Whereas, in Metropolitan Code of Laws, Chapter 6, Title 26 (the Fiber Optic Franchise Ordinance), the Council of The Metropolitan Government of Nashville and Davidson County established terms and conditions for any company wishing to construct, operate, and maintain a telecommunications system in the public right-of-ways, using fiber optic cable, in whole or in part; and,

Whereas, Digital Access Corporation of Tennessee, Inc. (Digital Access), Three Bala Plaza East, Suite 605, Bala Cynwyd, Pennsylvania 19004, has duly filed an application for such a franchise and is financially capable to construct, maintain, and operate a telecommunications system; and,

Whereas, Ordinance No. BL2000-430 approved a franchise with Digital Access to operate a Cable TV and broadband system; and,

Whereas, the franchise approved by Ordinance No. BL2000-430 satisfied many of the requirements of Chapter 6, Title 26, of the Metropolitan Code, but it is necessary that this franchise be granted to cover all of the services and duties of Digital Access; and,

Whereas, the Metropolitan Planning Commission has approved the application for a franchise by Digital Access.

Now, therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. That a franchise to construct, operate and maintain a telecommunications system, as defined by the Metropolitan Code of Laws, Chapter 6, Title 26, within Metropolitan Nashville and Davidson County is hereby granted to Digital Access Corporation of Tennessee, Inc. (hereinafter "Grantee") in accordance with the terms and conditions of the Fiber Optic Franchise Ordinance, and for a term of fifteen (15) years.

Section 2. That the Telecommunications Franchise Contract by and between The Metropolitan Government of Nashville and Davidson County and Grantee, which contract is attached hereto and by reference made a part of this Ordinance, is hereby approved and the Metropolitan Mayor is hereby authorized to execute said contract.

Section 3. That in all matters concerning the rights-of-way, the Grantee will comply with the provisions of the Americans With Disabilities Act of 1990, as amended, and the Rehabilitation Act of 1973.

Section 4. That this Ordinance shall take effect from and after its enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Phil Ponder & Leo Waters

LEGISLATIVE HISTORY
Introduced:	January 16, 2001
Passed First Reading:	January 16, 2001
Referred to:	Planning Commission - Approved 8-0 (9/28/00) Budget & Finance Committee Planning & Zoning Committee
Passed Second Reading:	February 6, 2001
Passed Third Reading:	February 20, 2001
Approved:	February 22, 2001
By: