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Prepared November 10, 1995
<br />AN ORDINANCE GRANTING A TELECOMMUNICATIONS FRANCHISE
<br />• TO CENTRAL TELECOM, INC., ITS SUCCESSORS AND ASSIGNS,
<br />TO USE THE STREETS AND OTHER PUBLIC PLACES
<br />OF THE CITY OF CHARLOTTESVILLE, VIRGINIA,
<br />FOR ITS POLES, WIRES, CONDUITS, CABLES, AND FIXTURES
<br />FOR A PERIOD OF FIVE (5) YEARS.
<br />BE IT ORDAINED by the Council of the City of Charlottesville, Virginia, that Central
<br />Telecom, Inc. (the "Company"), its successors and assigns, for a period of five (5) years from
<br />the effective date hereof be, and is hereby, authorized and empowered to erect, maintain, and
<br />operate certain telecommunication lines and associated equipment including posts, poles, cables,
<br />wires, and all other necessary overhead and underground apparatus and associated equipment
<br />(hereinafter "Cable System") on, over, along, in under and through the streets, alleys, highways,
<br />and other public places of the City of Charlottesville, Virginia, as its business may from time
<br />to time require, and to use the property of the City of Charlottesville, Virginia, and other
<br />companies franchised by the City and permit other companies to use its property upon such
<br />arrangements as the companies may agree. The franchise hereby granted includes the right on
<br />the part of the Company to choose not to install and own the fiber or cable capacity used to
<br />provide its services. Instead, the Company may lease capacity from Multi -Channel TV Cable
<br />Company or any other fiber or cable owner franchised to do business in the City. The
<br />conditions of the franchise hereby granted are as follows:
<br />Section 1. Should the Company decide to own and install its own lines, cable,
<br />• or equipment (rather than merely leasing excess capacity), the installation of lines, cable, or
<br />equipment shall be underground unless it shall be determined by the Director of Public Works
<br />in his or her sole discretion, pursuant to Section 2 hereof, that it is not feasible (or practicable)
<br />to do so. For all installations placed above ground pursuant to that determination, and for all
<br />underground installations, the Company shall use the existing poles, conduits, or facilities of
<br />other telephone or electric utilities unless the Director of Public Works finds that the owner of
<br />the poles, conduits, or other existing facilities arbitrarily or unreasonably refused to rent space
<br />to the Company or will only rent space at rates in excess of the rate allowed by applicable state
<br />or federal law, or the Director of Public Works, exercising his or her reasonable engineering
<br />judgment, finds that (a) such use would have a significant adverse effect on the health, safety,
<br />or welfare of the residents of the City; or (b) such use is not feasible (or practicable), i.e. is
<br />unworkable in light of all of the circumstances surrounding the request. If existing facilities are
<br />so determined to be not available for use by the Company, the location and installation of posts,
<br />poles, cables, wires, and related equipment and apparatus pursuant to this agreement shall be
<br />subject to the approval of the Director of Public Works and to such general ordinances or
<br />regulations governing such installations as may be adopted by the City from time to time.
<br />Section 2. Should the Company decide to own and install its own lines, cable,
<br />or equipment (rather than merely leasing excess capacity), at least thirty (30) days before
<br />beginning any installation, removal, or relocation of underground or overhead equipment the
<br />Company shall submit detailed plans of the proposed action to the Director of Public Works.
<br />The Director of Public Works, or his or her authorized representative, shall within thirty (30)
<br />days either approve the plans or inform the Company of the reasons for disapproval. The
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