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<br />AN ORDINANCE GRANTING A TELECOMMUNICATIONS FRANCHISE
<br />TO HYPERION TELECOMMUNICATIONS OF VIRGINIA, INC., ITS SUCCESSORS
<br />AND ASSIGNS, 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
<br />Hyperion Telecommunications of Virginia, Inc. (the "Company "), its successors and assigns,
<br />for a period of five (5) years from the effective date hereof be, and is hereby, authorized and
<br />empowered to erect, maintain, and operate certain telecommunication lines and associated
<br />equipment including posts, poles, cables, wires, and all other necessary overhead and
<br />underground apparatus and associated equipment (hereinafter "Cable System ") on, over, along,
<br />in under and through the streets, alleys, highways, and other public places of the City of
<br />Charlottesville, Virginia, as its business may from time to time require, and to use the property
<br />of the City of Charlottesville, Virginia, and other companies franchised by the City and permit
<br />other companies to use its property upon such arrangements as the companies may agree. The
<br />franchise hereby granted includes the right on the part of the Company to choose not to install
<br />and own the fiber or cable capacity used to provide its services. Instead, the Company may
<br />lease capacity from Multi - Channel TV Cable Company or any other fiber or cable owner
<br />franchised to do business in the City. The conditions of the franchise hereby granted are as
<br />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 where f asiblc (or practicable). unless the Director of Public
<br />Works finds that the owner of the poles, conduits, or other existing facilities arbitrarily or
<br />unreasonably refused to rent space to the Company or will only rent space at rates in excess of
<br />the rate allowed by applicable state or federal law, or the Director of Public Works, exercising
<br />his or her reasonable engineering judgment, finds that (a) such use would have a significant
<br />adverse effect on the health, safety, or welfare of the residents of the City; or (b) such use is
<br />not feasible (orpracticable), i.e. is unworkable in light of all of the circumstances surrounding
<br />the request. If existing facilities are so determined to be not available for use by the Company,
<br />the location and installation of posts, poles, cables, wires, and related equipment and apparatus
<br />pursuant to this agreement shall be subject to the approval of the Director of Public Works and
<br />to such general ordinances or regulations governing such installations as may be adopted by the
<br />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
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