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Bill BL2020-390

An ordinance granting a franchise to Google Fiber Tennessee, LLC to construct, operate, and maintain a fiber optic communications system within Metropolitan Nashville and Davidson County under the provision of Metropolitan Code of Laws, Title 6, Chapter 26 (Proposal No. 2020M-001FR-001).

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 companies wishing to construct, operate, and maintain a fiber optic communications system in the public rights-of-way, in whole or in part; and,

WHEREAS, the Fiber Optic Franchise Ordinance is applicable to any fiber optic communications systems used for “producing, receiving, amplifying or distributing audio, video or other forms of electronic signals to or from subscribers or locations within Metropolitan Nashville and Davidson County, but not including the offering to the public cable television services as defined under the Cable Communications Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, and/or any franchise granted by the metropolitan government pursuant to said Act;” and,

WHEREAS, Google Fiber Tennessee, LLC, a Delaware corporation duly authorized to do business in the State of Tennessee (hereinafter “Grantee”) holds a statewide video services franchise under the Tennessee Competitive Cable & Video Services Act of 2008, TN Code § 7-59-301 et seq., pursuant to which it has constructed, maintained, and operated a fiber optic communications system in Nashville and Davidson County used for offering video services and other communications services, including broadband internet access service, to its customers; and,

WHEREAS, Grantee intends to cease offering facilities-based linear video services and accordingly relinquish its state video services franchise, such relinquishment to happen on the date on which it ceases offering linear video services in the state of Tennessee; and,

WHEREAS, Grantee provides communications services that are classified by the Federal Communications Commission as information services, including broadband internet access services, but does not provide any communications services classified as telecommunications services or any services directly regulated by the Tennessee Public Utilities Commission (“PUC”); and,

WHEREAS, the grant of a franchise to Grantee under Chapter 6.26 does not and will not have the effect of changing the classification of any services offered by Grantee, subject Grantee to any Federal or state law or regulation applicable to providers of telecommunications services, or convert Grantee into a public utility under state or local law; and,

WHEREAS, Grantee has duly filed an application for a fiber optic communications franchise in order to construct, operate, and maintain a fiber optic communications system within Metropolitan Nashville and Davidson County for the purpose of providing information services, and has filed an affidavit that it is financially capable to do so, pursuant to Section 6.26.030.B.5 of the Metropolitan Code of Laws (as amended in BL2016-310); and,

WHEREAS, the grant of a franchise to Grantee has been approved by the Metropolitan Planning Commission in accordance with Section 11.505 of the Charter of the Metropolitan Government of Nashville and Davidson County.

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 fiber optic communications system, as defined by the Metropolitan Code of Laws, Title 6, Chapter 26, within Metropolitan and Davidson County is hereby granted to Grantee in accordance with the terms and conditions of the Fiber Optic Franchise Ordinance (except as otherwise provided in the attached Fiber Optic Communications Franchise Contract), and for a term of (15) years.

Section 2. That the Fiber Optic Communications 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.

Sponsor(s)

Bob Mendes, Kathleen Murphy, Angie Henderson

Legislative History

IntroducedAugust 4, 2020

Passed First ReadingAugust 4, 2020

Referred toPlanning Commission

Deferred to September 1, 2020August 18, 2020

Passed Second ReadingSeptember 1, 2020

Passed Third ReadingSeptember 15, 2020

ApprovedSeptember 22, 2020

ByMayor Cooper's signature

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

Last Modified: 09/22/2020 4:26 PM