ORDINANCE NO. BL2009-574

An ordinance granting a franchise to DukeNet Communications, LLC, to construct, operate, and maintain a telecommunications system within Metropolitan Nashville and Davidson County under the provisions of Metropolitan Code of Laws, Title 6, Chapter 26.

WHEREAS, in Metropolitan Code of Laws, Title 6, Chapter 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, DukeNet Communications, LLC, 400 South Tryon Street, Charlotte, NC 28202-1904, has duly filed an application for such a franchise and is financially capable to construct, maintain, and operate a telecommunications system; and,

WHEREAS, DukeNet Communications, LLC 's application for a franchise has been approved by the Metropolitan Planning Commission; and,

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, Title 6, Chapter 26, within Metropolitan Nashville and Davidson County is hereby granted to DukeNet Communications, LLC (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: Ronnie Steine, Tim Garrett

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

LEGISLATIVE HISTORY
Introduced:	November 3, 2009
Passed First Reading:	November 3, 2009
Referred to:	Planning Commission - Approved Budget & Finance Committee Planning & Zoning Committee
Passed Second Reading:	November 17, 2009
Passed Third Reading:	December 1, 2009
Approved:	December 3, 2009
By: