ORDINANCE NO. BL2016-310

An ordinance to amend Section 6.26.030.B.5. of the Metropolitan Code of Laws regarding public proceedings for franchises for fiber optic communications services.

WHEREAS, historically, subsection 6.26.030.B.5 required the following:

No ordinance granting or revoking a franchise shall be passed by the council without a full public proceeding affording due process in which the grantee's legal, character, financial, technical and other qualifications, and the adequacy and feasibility of its construction arrangements have been reviewed and approved either by the full council or a committee composed of members of the council only. . . ; and,

WHEREAS, the information required in the past to be established through the process described by subsection 6.26.030.B.5. can be established just as easily or more easily by the submission of a detailed report, certified under oath, by the applicant; and,

WHEREAS, it is therefore in the best interest of the Metropolitan Government that Section 6.26.030 of the Metropolitan Code be amended to revise this subsection accordingly.

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

Section 1. That Subsection 6.26.030.B.5. of the Metropolitan Code of Laws is hereby deleted in its entirety and replaced with the following:

No ordinance granting a franchise shall be passed by the council without first receiving from the applicant a detailed report, certified under oath, establishing that the applicant possesses the necessary legal, character, financial, technical and other qualifications to construct and achieve full activation of its system, and to perform its obligations and faithfully adhere to all requirements of the franchise ordinance codified in this chapter, and that its construction arrangements are adequate and feasible. A member of council shall have the authority to file a resolution calling for a full public proceeding, affording due process, to review and approve the grantee's legal, character, financial, technical and other qualifications, and the adequacy and feasibility of its construction arrangements. If the majority votes in favor of the resolution, the full public proceeding it calls for shall be conducted either by the full council or a committee composed of members of the council only. If any material representation of the certified report is determined to be false, this shall be grounds for revocation of a franchise granted under this chapter, in addition to the grounds itemized in Section 6.26.310 of the Metropolitan Code. No franchise shall be revoked, for this or any other reason, without a full public proceeding, affording due process, to be conducted either by the full council or a committee composed of members of the council only. Prior to such a revocation proceeding, the processes described in Section 6.26.300 of the Metropolitan Code shall be followed.

Section 2. That this ordinance shall take effect upon its adoption, the public welfare requiring it.

Sponsored by: Bill Pridemore, Burkley Allen, Jeremy Elrod

LEGISLATIVE HISTORY
Introduced:	July 5, 2016
Passed First Reading:	July 5, 2016
Referred to:	Budget and Finance Committee Planning, Zoning & Historical Committee Public Works Committee
Passed Second Reading:	July 19, 2016
Passed Third Reading:	August 2, 2016
Approved:	August 3, 2016
By:

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.