ORDINANCE NO. __________, SERIES 2016
TITLE
AN ORDINANCE AMENDING CHAPTER 116 OF THE LOUISVILLE METRO CODE OF ORDINANCES REGARDING COMMUNICATION SERVICES FRANCHISES (AMENDMENT BY SUBSTITUTION) (AS AMENDED).
BODY
Sponsored By: Council Member Hollander
WHEREAS, communication services providers are increasing the types and volume of data, voice and image transmission services to consumers; and
WHEREAS, such expanded services require new and additional infrastructure in a limited amount of space available on poles, structures and ground space within the public right-of-way; and
WHEREAS, Metro Government desires to facilitate new and additional technology and infrastructure for the benefit of its citizens;
WHEREAS, pursuant to KRS 278.040(2), Metro Government retains all powers of municipalities and, pursuant to KRS 82.082, Metro Government may exercise any powers within its boundaries in furtherance of a public purpose; and
WHEREAS, Metro Government's proposed regulation of its rights of ways as set forth herein is consistent with the tariffs applicable to pole owners within Metro Louisville.;
BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (THE COUNCIL) AS FOLLOWS:
SECTION I: Section 116.70(J) of the Louisville Metro Code of Ordinances (LMCO) is hereby amended to add the following definitions:
Attacher: Any person, corporation, or other entity or their agents or contractors seeking to permanently or temporarily fasten or affix any type of equipment, antenna, line or facility of any kind to a utility pole in the right of way or its adjacent ground space.
Attachment Application: The application made by an Attacher to a Pole Owner for attachment of equipment, antenna, line or facility of any kind to a utility pole.
Make Ready Costs: The costs incurred by an Attacher associated with the transfer of the facilities, antenna, lines or equipment of a Pre-Existing Third Pa...
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