An ordinance transferring the telecommunications franchise of Xspedius Management Company of Chattanooga, LLC d/b/a Xspedius Communications acquired by Ordinance No. BL2006-764 to Time Warner Telecom of the Mid-South LLC.

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 provision of Bill No. 094-1103, now codified as Sections 6.26.100 of the Metropolitan Code; and

Whereas, on September 21, 2005, the Metropolitan Council enacted Ordinance No. BL2006-764, granting a transfer of the ICG franchise to Xspedius Management Company of Chattanooga, LLC d/b/a Xspedius Communications (“Xspedius”) in response to Xspedius’ notification of intent to purchase from ICG the communications network covered by the franchise agreement granted to ICG by Ordinance No. 094-1185; and

Whereas, on June 4, 2007, Time Warner Telecom of the Mid-South LLC (“TWTC”) notified the Metropolitan Government of its intent to acquire the communications network covered by the transferred Xspedius franchise; and

Whereas, as part of its acquisition of the Xspedius communications network, TWTC has requested the Metropolitan Government to transfer the franchise authorized by Ordinance No. BL2006-764; and

Whereas, under the provisions of Section 6.26.290, no telecommunications franchise can be transferred or assigned without the approval of the Metropolitan Government; and

Whereas, TWTC has committed to fulfilling all obligations to the Metropolitan Government that were lawfully imposed on Xspedius by Ordinance No. 094-1103 and BL2006-764.

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. BL2006-764 from Xspedius to TWTC, in accordance with Metropolitan Code § 6.26.290, is hereby approved conditioned upon TWTC’s written confirmation that it will fulfill all obligations and duties lawfully imposed on Xspedius 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 Xspedius by the franchise granted by Ordinance No. 094-1103 or BL2006-764.

Section 3. That TWTC has been properly substituted on the corporate surety bond in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) filed by Xspedius 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 the issuing corporate surety’s acknowledgement of substitution 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: Rip Ryman

Attachment(s) on file in the Metropolitan Clerk's Office

LEGISLATIVE HISTORY
Introduced:	July 17, 2007
Passed First Reading:	July 17, 2007
Referred to:	Budget & Finance Committee
Passed Second Reading:	August 7, 2007
Passed Third Reading:	August 21, 2007
Approved:	August 23, 2007
By: