An ordinance transferring a telecommunications franchise granted to ICG Access Services, Inc. by Ordinance No. 094-1185 to Xspedius Management Company of Chattanooga, LLC d/b/a Xspedius Communications.

WHEREAS, on October 18, 1994, the Metropolitan Council passed Bill No. 094-1185, granting a franchise to ICG Access Services, Inc. ("ICG") to "construct, maintain and operate" a telecommunications system using public right-of-ways under the provisions of Ordinance No. 094-1103, now codified as Chapter 6.26 of the Metropolitan Code of Laws; and

WHEREAS, Xspedius Management Company of Chattanooga, LLC d/b/a Xspedius Communications ("Xspedius") has notified the Metropolitan Government that it intends to purchase the communications network covered by the franchise granted to ICG by Ordinance No. 094-1185; and

WHEREAS, as part of its purchase of ICG's communications network, Xspedius has requested that the Metropolitan Government transfer the franchise granted by Ordinance No. 094-1185; and

WHEREAS, under the provisions of Section 6.26.290 of the Metropolitan Code of Laws, no telecommunications franchise may be transferred or assigned without the written permission of the Metropolitan Government by ordinance of the Metropolitan Council, which permission shall not be unreasonably withheld; and

WHEREAS, Xspedius has committed to fulfilling all obligations to the Metropolitan Government that were lawfully imposed on ICG by Ordinance No. 094-1185.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the transfer of the telecommunications franchise granted by Ordinance No. O94-1185 from ICG Access Services, Inc., to Xspedius Management Company of Chattanooga, LLC, d/b/a Xspedius Communications, in accordance with § 6.26.290 of the Metropolitan Code of Laws, is hereby approved conditioned upon Xspedius' written confirmation that it will fulfill all obligations and duties lawfully imposed on ICG under the franchise.

Section 2. That the approval granted by this Ordinance is not, nor shall it be, construed as a release of any obligation imposed on ICG by the franchise granted by Ordinance No. O94-1185.

Section 3. That Xspedius has filed a corporate surety bond in the amount of Two Hundred Fifty Thousand Dollars ($250,000) with the Metropolitan Government in accordance with §6.26.200 of the Metropolitan Code of Laws to secure Xspedius' performance of its obligations and adherence to the requirements of the franchise ordinance, a copy of which bond is attached hereto and incorporated herein by reference.

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

Sponsored by: Jim Shulman

LEGISLATIVE HISTORY
Introduced:	August 2, 2005
Passed First Reading:	August 2, 2005
Referred to:	Budget & Finance Committee
Passed Second Reading:	August 16, 2005
Passed Third Reading:	September 20, 2005
Approved:	September 21, 2005
By: