Initial compensation to the city.
Memphis Code of Ordinances § 6-28-19
in effectSec. 6-28-19. - Initial compensation to the city.
A. As an additional compensation for any franchise granted hereunder, grantee shall furnish and transfer, during the entire term of the franchise, to the city, without charge therefor, for the use by the city on official business only the functional equivalent in grantee's telecommunications system of up to 200 connecting locations in the aggregate selected by the city: (i) in four optical fibers in the main backbone loop of a telecommunications system having approximately 58 miles; and (ii) in any cable outside the backbone loop where 12 or more optical fibers are installed. If additional connection points are requested by the city, the city will reimburse grantee reasonable expense for those connections. All the previously described connections shall be restricted to splice points which are located at a maximum spacing of one-half mile. The type of fibers provided for the city shall be equal to the fibers used by grantee. Grantee shall be responsible for maintenance of the city's optical fibers up to the point where the city connects, and would assist with problem resolution in optical fibers.
B. As a further consideration for the franchise herein granted hereunder, grantee shall at its own expense provide, furnish and serve, and continue to provide, furnish, and reserve, in its overhead or underground system or systems, and in all replacements, additions and extensions thereof, space, crossarms, pins and supports on all poles, and one duct in all conduits, and necessary space in manholes, for the wires, fixtures and other equipment of the police and fire alarm telephone and telegraph stems of the city, as requested from time to time by the city. In order to ensure coordination of city facilities with grantee's network, grantee agrees:
1. To provide 24-hour-per-day continuous monitoring of the facilities that the city is using in conjunction with grantee's network; and
2. To coordinate design and installation of other network specific requirements the city may have, including maintenance, at grantee's cost, plus ten percent.
C. Alternatively, grantee shall make, at the sole option of the city, a cash payment equal to the cost the city would be required to pay in the open market to another provider for the lease, sublease, purchase or use of the portions of a telecommunications system described in subsections A and B of this section.
(Code 1985, § 10-155; Ord. No. 4398, § 20, 11-19-1996)
Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT6BULIRE_CH6-28FIOPTEREFR_S6-28-19INCOCIFetched: 10/28/2026
