ORDINANCE NO. BL2011-904
An ordinance to transfer the franchise granted to DukeNet Communications, LLC to reflect its new investor and new name of the franchise holder, DukeNet OpCo, LLC, which shall continue to operate as DukeNet Communications.
WHEREAS, Title 6, Chapter 26 of the Metropolitan Code (the Fiber Optic Franchise Ordinance) provides the 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, received such a franchise in December 2009 pursuant to Ordinance No. BL2009-574; and
WHEREAS, DukeNet Communications, LLC’s application for a franchise was approved by the Metropolitan Planning Commission; and
WHEREAS, on October 25, 2010, the Tennessee Regulatory Authority voted unanimously to approve the transfer of the state certificate of public convenience and necessity held by DukeNet Communications, LLC to DukeNet OpCo, LLC which will operate under the name DukeNet Communications, LLC. The Authority found that the transfer is in the public interest and that the customers will not experience any change in the service, rates or the name of the service provider; and
WHEREAS, pursuant to Section 6.26.290 of the Metropolitan Code, the franchise held by DukeNet Communications, LLC may not be transferred without the written consent of the Metropolitan Government by ordinance of the Council, which permission shall not be unreasonably withheld.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
SECTION 1. The franchise to construct, operate and maintain a telecommunications system within Metropolitan Nashville and Davidson County granted to DukeNet Communications, LLC is revised to reflect the transfer of the franchise to DukeNet OpCo, LLC, which shall operate under the name DukeNet Communications, LLC.
SECTION 2. 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: Megan Barry
|Introduced:||April 19, 2011|
|Passed First Reading:||April 19, 2011|
|Referred to:||Budget & Finance Committee
Personnel-Public Information Committee
|Passed Second Reading:||May 17, 2011|
|Passed Third Reading:||June 7, 2011|
|Approved:||June 8, 2011|