title
An ordinance granting a franchise to Vero Fiber Networks, LLC, to construct, operate, and maintain a fiber optic communications system within Metropolitan Nashville and Davidson County under the provisions of the Metropolitan Code of Laws, Title 6, Chapter 26 (Proposal No. 2026M-049AG-001).
body
WHEREAS, in the Metropolitan Code of Laws, Title 6, Chapter 26 (the “Chapter 26”), 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, Chapter 26 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 of cable services as defined under the federal Cable Communications Policy Act of 1984, as amended (the “Cable Act”), and/or any franchise granted by the Metropolitan Government pursuant to the Cable Act; and,
WHEREAS, Vero Fiber Networks, LLC, a Colorado limited liability company duly authorized to do business in the State of Tennessee (hereinafter “Grantee”), has filed an application pursuant to Section 6.26.030.B of the Metropolitan Code of Laws for a nonexclusive franchise to construct, operate and maintain a fiber optic communications system in the public rights-of-way within Metropolitan Nashville and Davidson County; and,
WHEREAS, Grantee intends to provide communications services that are classified by the Federal Communications Commission as information services, including broadband internet access services, but does not intend to provide any cable services or video services within the meaning of the Cable Act or the Tennessee Competitive Cable and Video Services Act, 2008, Tenn Code § 7-59-301 et seq. (the “CCVSA); 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 Nashville and Davidson County is hereby granted to Grantee in accordance with the terms and conditions of Chapter 26 (except as otherwise provided in the attached Fiber Optic Communications Franchise Agreement), and for a term of (15) years.
Section 2. That the Fiber Optic Communications Franchise Agreement by and between The Metropolitan Government of Nashville and Davidson County and Grantee, which agreement is attached hereto and by reference made a part of this Ordinance as Exhibit A, is hereby approved and the Metropolitan Mayor is hereby authorized to execute said agreement.
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.