ENACTED 02/16/1999


An ordinance approving the assignment of a fiber optic telecommunications system to NEXTLINK Tennessee, Inc.

Whereas, Chapter 6.26 of the Metropolitan code provides for the issuance of franchises to carriers seeking to construct and operate a telecommunications system in Metropolitan Nashville and Davidson County; and

Whereas, Section 6.26.290 of the Metropolitan Code further provides that no such franchise shall be transferred to any other entity without the written consent of the Metropolitan Government by ordinance of the council; and

Whereas, NEXTLINK, Tennessee, L.L.C. holds the franchise for a fiber optic telecommunications system originally granted by Ordinance No. 094-1183 to U.S. Signal of Nashville, L.P. and transferred once previously under approval of Ordinance No. 095-1331; and,

Whereas, NEXTLINK Tennessee, Inc., is a limited liability company formed to assume the functions of NEXTLINK, Tennessee, L.L.C. and make no change in the business, management, ownership or location of the offices and assets of NEXTLINK, Tennessee, L.L.C.; and

Whereas, NEXTLINK Tennessee, Inc., has, by letter attached hereto, pledged to assume all obligations of NEXTLINK, Tennessee, L.L.C. under the franchise; and

Whereas, the Metropolitan Council finds that it is in the public interest to enact legislation approving the transfer of said franchise.

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

Section 1. That the assignment or transfer of a fiber optic telecommunications franchise pursuant to Metropolitan Code Section 6.26.290 from NEXTLINK, Tennessee, L.L.C. to NEXTLINK Tennessee, Inc., as evidenced by the attached letter, to use the public rights-of-way of the Metropolitan Government to construct and operate a telecommunications system is hereby approved.

Section 2. That the approval of such assignment or transfer is subject to the conditions stated in Metropolitan Code Section 6.26.290.

Section 3. 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: Ronnie Steine & Charles Fentress


Introduced: January 19, 1999
Passed First Reading: January 19, 1999
Referred to: Budget & Finance Committee
Passed Second Reading: February 2, 1999
Passed Third Reading: February 16, 1999
Approved: February 24, 1999
By: mayor.gif (527 bytes)