HomeMy WebLinkAboutD-686 IN Digital Cable Franch. ORDINANCE NO. D-686
ADOPTED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA
GRANTING AMERICAN COMMUNICATIONS CORPORATION D/B/A
INDIANA DIGITAL ACCESS A NON-EXCLUSIVE FRANCHISE
WHEREAS, American Communications Corporation d/b/a
Indiana Digital Access ("Petitioner" or "Indiana Digital Access")
filed its Petition with this Council on November 21, 1990,
requesting that Petitioner be granted a license, franchise and
permit to erect, construct, install, reconstruct, renew, operate,
maintain, patrol, repair and replace, if necessary,
telecommunications equipment and facilities in, under, upon, over
and across all alleys, streets, roads, highways and other
property of the City of Carmel, Indiana, and to render fiber
optic private line telecommunications services and such other
telephone services as Petitioner may from time to time be
authorized to provide by the Indiana Utility Regulatory
Commission ("Commission") from such facilities; and
WHEREAS, Petitioner is engaged in the business of
providing fiber optic telecommunications services to the public
throughout Indiana and is a "public utility" as defined in
IC 8-1-2-1 subject to the jurisdiction of and regulation by the
Commission; and
WHEREAS, the Commission has determined that public
convenience and necessity require the telecommunications services
provided by Petitioner; and
WHEREAS, having considered said petition at its
December 3, 1990, and January 7, 1991, Council meetings and being
fully advised in the premises, the Council desires to grant and
issue to Petitioner the license, franchise and permit requested,
IT IS THEREFORE ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA, that:
1. The Petition of American Communications
Corporation d/b/a Indiana Digital Access be, and it hereby is,
granted and approved.
2. Indiana Digital Access is hereby granted and
issued a license-franchise-permit authorizing it from time to
time as need therefor shall arise, to erect, construct, install,
reconstruct, renew, operate, maintain, patrol, repair and
replace, if necessary, telecommunications equipment and
facilities in, under, upon, over and across all alleys, streets,
roads, highways and other property of the City for the provision
of such telephone services Indiana Digital Access may be
authorized to provide by the Indiana Utility Regulatory
Commission, subject to the conditions that (a) all
telecommunications equipment and facilities of Indiana Digital
Access shall be laid and installed in such locations as are
approved by the City Engineer in accordance with applicable rules
and regulations and in such manner that said equipment and
facilities do not interfere with the use of said City alleys,
streets, roads and highways, and in such manner that all trenches
and excavations made by Indiana Digital Access will be filled and
the surface of said City alleys, streets, roads and highways
restored to substantially the same condition as existed at the
time the surface was disturbed by Indiana Digital Access; (b)
that Indiana Digital Access will render such telephone services
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as it is authorized to provide by the Commission to all persons
and parties along and on said City alleys, streets, roads,
highways and other property in which said telecommunications
equipment and facilities are installed, maintained and operated
by Indiana Digital Access pursuant hereto and as shall desire
such services and shall become customers of Indiana Digital
Access in accordance with the rules, regulations, rates and
charges of Indiana Digital Access on file with the Commission and
in effect from time to time and applicable thereto; and (c) in
the event that road repairs or relocations implemented by the
City necessitate the relocation or protection of the
telecommunications equipment and facilities of Indiana Digital
Access in, along and through such roads, the City shall not be
liable by virtue of this grant of license-franchise-permit for
any expenses incurred by Indiana Digital Access for such
relocation or protection of its telecommunications equipment or
facilities.
3. The term of this franchise shall be from year to
year not to exceed 99 years. It shall renew automatically each
year unless renewal is cancelled by majority vote of the Council.
Notice of any such action shall be provided to the franchisee and
the public at least 30 days prior to its inception.
4. The rights, privileges and authority granted
hereunder to Indiana Digital Access to use and occupy the alleys,
streets, roads, highways and other property of the City of Carmel
for telephone utility service purposes are not exclusive and the
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Common Council may, if it elects to do so, grant similar rights
to use City property to other telephone utilities or other
utilities.
5. The rights, privileges and authority granted
herein to Indiana Digital Access are assignable by Indiana
Digital Access only with the prior written consent of the Common
Council.
Adopted and passed this 22nd day of January, 1991.
COMMON COUNCIL OF
CITY OF CARMEL, INDIANA
Dorothy J~/H~ncock, Mayor
/S~san Jones, Clerk T r
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