ORDINANCE NO. _________, SERIES 2018
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AN ORDINANCE REPEALING AND REPLACING CHAPTER 116 OF THE LOUISVILLE METRO CODE OF ORDINANCES RELATING TO COMMUNICATIONS SERVICES (AMENDMENT BY SUBSTITUTION).
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SPONSORED BY: COUNCIL MEMBERS HOLLANDER, KRAMER, AND MULVIHILL
WHEREAS, Louisville Metro Government seeks to repeal and replace Louisville Metro Code of Ordinances ("LMCO") Chapter 116 to reflect the changing landscape of Communications Service in Louisville Metro; and
WHEREAS, Louisville Metro Council seeks to modify the regulation contained in LMCO Chapter 116 so that all Communications Service providers are treated equally and subject to the same rights and obligations when operating in Louisville Metro's Rights-Of-Way.
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT ("METRO COUNCIL") AS FOLLOWS:
SECTION I. LMCO Chapter 116 is hereby repealed in its entirety and replaced as follows:
CHAPTER 116: COMMUNICATIONS SERVICE
116.01 General provisions
116.02 Franchise requirements and characteristics
116.03 Rights-Of-Way management and Facilities requirements
116.04 Miscellaneous
116.05 Transitional provisions
116.06 Franchisees providing Communications Service to Customers
116.07 Private Communications Facilities
116.08 Liabilities and penalties
116.09 Remedies not exclusive
116.10 Review, termination, and cancellation
116.11 Foreclosure-receivership
116.12 Reports
116.13 Books and records of the Franchise
116.14 Time of essence
116.15 Equal employment opportunity
116.16 Violations
? 116.01 GENERAL PROVISIONS.
(A) Declaration of findings. Louisville/Jefferson County Metro Government hereby declares as a legislative finding that the Rights-Of-Way controlled by Louisville/Jefferson County Metro Government:
(1) Are a unique and physically limited resource;
(2) Are critical to the tr...
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