An ordinance approving the transfer of the franchise rights held by Access Fiber Group, Inc. to Crown Castle Fiber, LLC (Proposal No. 2019M-035AG-001).
Whereas, pursuant to Chapter 6.26 of the Metropolitan Code of Laws, a franchise was granted to Access Fiber Group, Inc. by Ordinance No. BL2009-607, a copy of which is attached hereto as Exhibit A (the Franchise); and,
Whereas, on December 31, 2018, Access Fiber Group, Inc. was merged into its affiliate, Crown Castle Fiber LLC, a New York limited liability company organized on December 24, 2001; and,
Whereas, by virtue of the merger, the assets, contract rights, debts, and obligations of Access Fiber Group, Inc. have been vested into Crown Castle Fiber LLC; and,
Whereas, Section 6.26.290 of the Metropolitan Code of Laws provides as follows:
Neither the franchise, the assets held by grantee under the franchise ordinance codified in this chapter, nor any rights or privileges of grantee under the franchise ordinance codified in this chapter, grantee’s system capacity, or allowance of access to grantee’s system, either separately or collectively, shall be sold, resold, assigned, transferred or conveyed by grantee to any other person, firm, corporation, affiliate or entity, without the written consent of the metropolitan government by ordinance of the council, which permission shall not be unreasonably withheld…; and,
Whereas, Crown Castle Fiber LLC has executed an Acknowledgement and Assurance (a copy of which is attached hereto as Exhibit B), acknowledging its understanding of the obligations imposed by the Franchise and assuring of its ability and willingness to meet those obligations; and,
Whereas, at Metro’s request, Crown Castle Fiber LLC provided updated maps showing the locations of the Franchisee’s infrastructure in the public rights of way, copies of which are attached hereto as Exhibit C; and,
Whereas, Crown Castle Fiber LLC has obtained a replacement bond and certificate of insurance in its own name, to replace those previously provided to the Metropolitan Government by Access Fiber Group, Inc., copies of which are attached hereto as collective Exhibit D, consistent with the requirements of Sections 6.26.200 and 6.26.210 of the Metropolitan Code of Laws.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That the transfer of the franchise rights held by Access Fiber Group, Inc., pursuant to BL2009-607, to Crown Castle Fiber LLC is hereby approved.
Section 2. That this Ordinance shall take effect from and after its enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Bob Mendes, Mary Carolyn Roberts, Kathleen Murphy, Angie Henderson
IntroducedNovember 5, 2019
Passed First ReadingNovember 5, 2019
Referred toPlanning Commission
Budget and Finance Committee
Personnel, Public Information, and Human Relations Committee
Planning, Zoning, and Historical Committee
Public Works Committee
Passed Second ReadingNovember 19, 2019
Passed Third ReadingDecember 3, 2019
ApprovedDecember 9, 2019
Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615-862-6770.
Last Modified: 12/10/2019 12:55 PM