ORDINANCE NO. BL2000-430

An ordinance granting a franchise to Digital Access Corporation of Tennessee, Inc. to construct, operate, and maintain a cable communications system within Metropolitan Nashville and Davidson County under the provisions of Chapter 6.08 of the Metropolitan Code.

Whereas, Digital Access Corporation of Tennessee, Inc. has applied to the Metropolitan Government for a franchise to construct, operate, and maintain a cable communications system under Chapter 6.08 of the Metropolitan Code of Laws, as part of its broadband telecommunications system; and,

Whereas, the Metropolitan Council referred that application to the CATV Special Committee under Section 6.08.040 A.2 of the Metropolitan Code; and,

Whereas, the CATV Special Committee has engaged in an extensive process of gathering and reviewing information relevant to the application of Digital Access Corporation of Tennessee, Inc.; and,

Whereas, a public hearing has been conducted in accordance with T.C.A. 7-59-202 and Section 6.08.030 of the Metropolitan Code; and,

Whereas, the CATV Special Committee has preliminarily determined that Digital Access Corporation of Tennessee, Inc. possesses the necessary financial, technical, and legal qualifications to construct, operate and maintain a cable communications system; and,

Whereas, the CATV Special Committee has determined that Digital Access Corporation of Tennessee, Inc.'s plans for constructing, operating, and maintaining its cable communications system are adequate to meet local cable-related needs; and,

Whereas, through extensive negotiations, the CATV Special Committee and Digital Access Corporation of Tennessee, Inc. have reached agreement on the attached Cable Communications Franchise Agreement which addresses the cable-related needs and interests of Metropolitan Nashville and Davidson County, and requires that such needs be met; and,

Whereas, it is in the public interest that said franchise agreement be approved and executed.

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

Section 1. That the attached Cable Communications Franchise Agreement, entered into by and between The Metropolitan Government of Nashville and Davidson County and Digital Access Corporation of Tennessee, Inc., which franchise agreement grants a franchise pursuant to Article 6.08 of the Metropolitan Code for a period of fifteen (15) years, and which franchise agreement is attached and made a part of this ordinance, be and the same is hereby approved and the Metropolitan Mayor is hereby authorized to execute said franchise agreement.

Section 2. That the Metropolitan Clerk is hereby authorized to advertise this ordinance for public hearing, to be set by the Vice Mayor and said hearing to be advertised for two (2) consecutive weeks prior thereto.

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: Howard Gentry, Phil Ponder, Chris Ferrell, Leo Waters, David Briley, Bob Bogen

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AMENDMENT NO. 1

TO

BILL NO. BL2000-430

 MR. PRESIDENT:

I move to amend Bill No. BL2000-430 by renumbering the current Section 3 to Section 4, and by inserting a new Section 3 to read as follows:

Section 3. Consistent with the application for the franchise filed by Digital Access Corporation of Tennessee, Inc., and pursuant to Section 6.08.040 of the Metropolitan Code, the construction of cable communications system shall be completed within five (5) years of the effective date of the franchise approved herein.

Sponsored by: Howard Gentry
Amendment Adopted: October 3, 2000

LEGISLATIVE HISTORY

Introduced: September 19, 2000
Passed First Reading: September 19, 2000
Referred to: Planning Commission - Approved 8-0 (9/28/00)
CATV Special Committee - Approved
Budget & Finance Committee
Amended: October 3, 2000
Passed Second Reading: October 3, 2000
Passed Third Reading: October 17, 2000
Approved: October 18, 2000
By: Mayor Bill Purcell