§ 6.26.030. Grant of franchise.

A.

The metropolitan government warrants that it has the right to issue a nonexclusive, revocable franchise to a grantee to have, acquire, construct, expand, reconstruct, maintain, use and operate in, along, across, on, over, through, above and under the public streets, alleys and rights-of-way of the city, a fiber optics telecommunications system (the "system"). Any grantee of such franchise agrees that it shall not now or at any time after a franchise is granted challenge this right in any way or in any metropolitan, state or federal court; provided, that in the event the federal or state government acquires or assumes exclusive jurisdiction over the issuance or regulation of fiber optic telecommunications franchises, grantee agrees that a franchise issued pursuant to the provisions herein shall remain in full force and effect as a binding contract between the grantee and the metropolitan government to the extent permitted by law.

B.

Application for franchise.

1.

Any franchise application shall be made to the council through the metropolitan clerk and introduced in the council in the manner provided by the rules of the council.

2.

Each such application shall be kept on file with the metropolitan clerk. Any intentional misrepresentation in such application shall be grounds for the rejection of the franchise. The application shall be a part of any franchise grant or agreement under this chapter.

3.

Each application shall include a map and description of the proposed service area for the grantee.

4.

The mandatory referral to the metropolitan planning commission required by Section 11.505 of the Metropolitan Charter shall apply to each franchise application.

5.

No ordinance granting a franchise shall be passed by the council without first receiving from the applicant a detailed report, certified under oath, establishing that the applicant possesses the necessary legal, character, financial, technical and other qualifications to construct and achieve full activation of its system, and to perform its obligations and faithfully adhere to all requirements of the franchise ordinance codified in this chapter, and that its construction arrangements are adequate and feasible. A member of council shall have the authority to file a resolution calling for a full public proceeding, affording due process, to review and approve the grantee's legal, character, financial, technical and other qualifications, and the adequacy and feasibility of its construction arrangements. If the majority votes in favor of the resolution, the full public proceeding it calls for shall be conducted either by the full council or a committee composed of members of the council only. If any material representation of the certified report is determined to be false, this shall be grounds for revocation of a franchise granted under this chapter, in addition to the grounds itemized in Section 6.26.310 of the Metropolitan Code. No franchise shall be revoked, for this or any other reason, without a full public proceeding, affording due process, to be conducted either by the full council or a committee composed of members of the council only. Prior to such a revocation proceeding, the processes described in Section 6.26.300 of the Metropolitan Code shall be followed.

C.

Franchise—Grant Conditions, Terms.

1.

All franchises, and all renewals, extensions and amendments thereof shall be granted only by ordinance. No such ordinance shall be adopted before the application therefor has been filed with the council through the metropolitan clerk.

2.

Grantee shall not provide cable services or operate a cable system as defined in the Cable Television Consumer Protection and Competition Act of 1992 (47 U.S.C.A. § 521, et seq., as amended) or as recognized by the Federal Communications Commission (the FCC) without first obtaining a separate cable franchise from the metropolitan government and shall not allow the use of the system by a cable system that has not been granted a franchise to operate a cable communications system by the metropolitan government. Nor shall any provider of cable services or grantee of a cable television franchise operate or provide a telecommunications service or facilities except pursuant to the ordinance codified in this chapter.

3.

Grantee shall not provide services directly regulated by the Tennessee Public Services Commission (the PSC) under the laws of Tennessee unless duly authorized by the PSC.

4.

Franchises granted pursuant to this chapter do not require grantee to provide ubiquitous service throughout Davidson County as a public service provided.

5.

Franchises shall be evidenced by a contract adopted by the metropolitan council, which contract shall be submitted to the mayor in the manner provided for in the Charter of the Metropolitan Government presently in effect or hereafter adopted.

(Ord. BL2016-310 § 1, 2016; Amdt. 1(4), (5), (6) to Ord. 94-1103, 7/19/94; Ord. 94-1103 § 3, 1994)