RESOLUTION NO. RS2000-312

A resolution granting a period of time to the CATV Special Committee of sixty (60) additional days to review and report to the Metropolitan Council regarding the applications for cable television franchises by Knology of Nashville, Inc., and Digital Access Corporation of Tennessee, Inc.

Whereas, the applications for cable communications franchises submitted on behalf of Knology of Nashville, Inc., and Digital Access Corporation of Tennessee, Inc., were formally referred to the CATV Special Committee by resolution No. RS2000-245; and

Whereas resolution No. RS2000-245 took effect on June 22, 2000; and,

Whereas, section 6.08.040A.2 of the Metropolitan Code of Laws provides that if the CATV Special Committee fails to take action on an application within sixty (60) days of a referral, the Metropolitan Council may act on the application as though the CATV Special Committee had recommended approval; and

Whereas, section 6.08.040A.2 also provides that the Metropolitan Council may grant a longer period of time to the CATV Special Committee; and

Whereas, the CATV Special Committee has been engaged in an extensive process of gathering and reviewing information regarding the two applications for cable television franchises; and

Whereas, the CATV Special Committee has entered into negotiations with Knology of Nashville, Inc., and Digital Access Corporation of Tennessee, Inc., with the goal of referring to the Metropolitan Council franchise documents to which all relevant parties are in agreement; and

Whereas, due to the fact that there are two pending applications for cable television franchises, each of which has required extensive investigation and negotiation, the CATV Special Committee will be unable to complete its work prior the expiration of the 60-day time period on August 21, 2000; and

Whereas, the CATV Special Committee has requested additional time not to exceed sixty (60) days to complete its work; and

Whereas, it is in the best interests of the Metropolitan that the CATV Special Committee be allowed sufficient time to complete its work.

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

Section 1. That, as permitted by section 6.08.040A.2 of the Metropolitan Code of Laws, the CATV Special Committee is hereby granted sixty (60) additional days commencing on August 22, 2000 to report to the Metropolitan Council regarding the applications for cable television franchises submitted by Knology of Nashville, Inc., and Digital Access Corporation of Tennessee, Inc.

Section 2. That nothing in the resolution shall be construed as prohibiting the CATV Special Committee from reporting on one or both applications in less than sixty (60) days.

Section 3. That this resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Bob Bogen, Chris Ferrell

Amendment No. 1

To

Resolution No. RS2000-312

Mr. President:

I move to amend Resolution No. RS2000-312 as follows:

1 . By amending the caption by deleting the phrase "of sixty (60) additional days" and substituting in lieu thereof the phrase "until September 12, 2000".

2. By amending Section I by deleting the phrase "sixty (60) additional days commencing on August 22, 2000" and substituting in lieu thereof the phrase "until September 12, 2000".

3. By amending Section 2 by deleting the phrase "in less than sixty (60) days" and substituting in lieu thereof the phrase "prior to September 12, 2000."

Sponsored by: Leo Waters & David Briley
Amendment Adopted: August 15, 2000

LEGISLATIVE HISTORY

Referred to: Budget & Finance Committee
Introduced: August 15, 2000
Amended: August 15, 2000
Adopted: August 15, 2000
Approved: August 18, 2000
By: Mayor