Columbus, Georgia

Georgia's First Consolidated Government

Post Office Box 1340
Columbus, Georgia, 31902-1340
(706) 653-4013
fax (706) 653-4016

Council Members

ORDINANCE

NO. _____________________





TO AUTHORIZE SUNESYS, LLC (?LICENSEE?) TO ENCROACH UPON, OVER, UNDER

AND IN CERTAIN STREETS, EASEMENTS, ALLEYS AND OTHER PUBLIC RIGHTS-OF-WAY OF THE

COLUMBUS, GEORGIA CONSOLIDATED GOVERNMENT (?CITY?) FOR THE PURPOSE OF

INSTALLING, CONSTRUCTING, OPERATING, UPGRADING, MAINTAINING, REPAIRING,

REPLACING AND REMOVING A MULTIMEDIA OPTICAL FIBER COMMUNICATIONS TRANSMISSION

SYSTEM TO BE INSTALLED BY LICENSEE.



BE IT ORDAINED BY THE COUNCIL OF COLUMBUS, GEORGIA, as follows:



WHEREAS, Muscogee County School District has executed an agreement dated

February 1, 2007 with Licensee pursuant to which Licensee will install a

multimedia optical fiber communications transmission system, and the Muscogee

County School District will license from Licensee the right to use that

multimedia optical fiber communications transmission system; and



WHEREAS, the City (as defined below) intends to exercise, pursuant to

applicable law, including the 1996 Act, its authority with respect to the

regulation of the occupation and use of its public rights-of-way; and



WHEREAS, the City has determined that the public interest will be serviced by

permitting Licensee to encroach upon, over, under and in certain streets,

easements, alleys and other public rights-of-ways located in the City as long

as such use will not interfere with the City?s own service requirements or any

previously existing service requirements of others who are authorized to use

the City?s rights-of-way.



NOW, THEREFORE, COLUMBUS CONSOLIDATED GOVERNMENT HEREBY ORDAINS:



? 1. That Sunesys, LLC, referred to as ?Licensee?, subject to the conditions

set forth in ? 5, is hereby granted a license authorizing Licensee to encroach

upon, over, under and in certain Streets (as defined below), for the purpose of

installing, operating, maintaining and repairing, a multimedia optical fiber

communications transmission system (the ?System?), which includes overhead and

underground fiber optic cable and other equipment, conduit and wiring, shown as

dashed lines (underground) and solid lines (overhead) on plans prepared by

Licensee, designated as Project Number DF-0454, and entitled: Muscogee School

District, Wide Area Network, consisting of an overview and detailed strand maps

by grid, copies of which drawings have been submitted to, and approved by, the

City Engineer. The cable in the System shall consist of a single fiber optic

cable not exceeding one and one quarter (1?) inch in diameter, if above ground,

or installed in a cylindrical conduit or duct not exceeding four (4) inches in

diameter, if underground.



? 2. For purposes of this Agreement, the following terms, phrases, words and

their derivations shall have the meanings set forth in this Section, unless the

context clearly indicates that another meaning is intended. When not

inconsistent with the context, words used in the present tense include the

future, words used in the plural number include the singular number and words

used in the singular number include the plural number.



?Act? means the Communications Act of 1934, as amended by the

Telecommunications Act of 1996.



?Affiliated Person? means each Person who falls into one or more of the

following categories: (1) each Person in which Licensee has, directly or

indirectly, a Controlling Interest; (2) each officer, director, joint venturer

or joint venture partner, of Licensee; and (3) each Person, directly or

indirectly, controlling, controlled by, or under common Control with, Licensee;

provided that "Affiliated Person" shall in no event mean the City or any

creditor of Licensee solely by virtue of its status as a creditor and which is

not otherwise an Affiliated Person by reason of owning a Controlling Interest

in, being owned by, or being under common ownership, common management or

common Control with, Licensee.



"Cable Services" means "cable services" as defined in the Communications Act of

1934, as amended by the Communications Policy Act of 1984, the Cable Television

Consumer Protection and Competition Act of 1992, the Telecommunications Act of

1996, and as may be further amended from time to time (the "Cable Act"), but

does not include Telecommunications Services or Private Communications

Services. In the event that "cable services" is no longer defined in the Cable

Act or the definition in the Cable Act otherwise becomes inapplicable, "Cable

Services" shall mean "cable services" as defined in the Cable Act immediately

prior to such term no longer being defined in the Cable Act or such definition

otherwise becoming inapplicable.



?City? means Columbus Consolidated Government or, as appropriate in the case of

specific provisions of this Agreement, any board, bureau, authority, agency,

commission, department of, or any other entity of or acting on behalf of, the

City or any officer, official, employee, or agent thereof, any designee of any

of the foregoing, or any successor thereto. Notwithstanding the foregoing, for

the purposes of this Agreement the term the ?City? shall not include the School

District, nor shall the use of the terms officer, employee, agent, attorney,

consultant and independent contractor of the City be meant to include the

School District.



?Control" or "Controlling Interest" means actual working control in whatever

manner exercised, including, without limitation, working control through

ownership, management, debt instruments or negative control, as the case may

be, of Licensee or the System in the Streets. A rebuttable presumption of the

existence of Control or a Controlling Interest shall arise from the beneficial

ownership, directly or indirectly, by any Person, or group of Persons acting in

concert, of more than twenty-five percent (25%) of any Person (which Person or

group of Persons is hereinafter referred to as "Controlling Person").

"Control" or "Controlling Interest" as used herein may be held simultaneously

by more than one Person or group of Persons.



?Information Service? means information service as defined in 47 U.S.C. ?

153(20).



?Licensee? means Sunesys, LLC.



"Person" means any individual or any association, firm, partnership, joint

venture, corporation or other legally recognized entity, whether for profit or

not for profit, but shall not mean the City.



?Private Communications Services? means the transmission of Telecommunications

or the provision of Information Service by a Person, regardless of the

facilities used, for or in connection with the internal operations of such

Person?s business, residence or employment and not for or in connection with

the provision or offering of Telecommunications Services or Information

Services for sale or resale to any Person, and shall not mean Cable Services.



"Responsible City Official" means the body, organization or official to whom

the applicable rights or obligations have been delegated by the City pursuant

to applicable law.



?Route? means the path taken by the System to connect to the ?Sites? (as

defined in Section 5), and as identified in Attachment 1, and including any

subsequent notifications to the City by Licensee of additional Sites, which may

cause an expansion of the Route.



?School District? means Muscogee County School District.



?Services? means only any services provided to the School District pursuant to

the School District Agreement and will not include services provided by

Licensee to the general public.



?School District Agreement? means the February 1, 2007 agreement between the

School District and Licensee, and any amendments to the School District

Agreement.



"Streets" means the surface of, as well as the spaces above and below, any and

all streets, alleys, avenues, highways, bridges, tunnels, and any other public

places of the City within the corporate limits of the City, as the same now

exists or may be hereafter constructed, developed, extended or altered, and any

location thereon, and any portion thereof.



?System? means the multimedia optical fiber communications transmission system,

including, but not limited to, the equipment, transmission devices, servers,

routers, optical fibers, cables, electronics, parts, supplies, connections,

racks, boxes and personal property of Licensee and its vendors, suppliers and

contractors, that Licensee will install (and including any subsequent

modifications or additions to the System), and the School District will

license, pursuant to the School District Agreement, including any amendments

to the School District Agreement.



"Telecommunications? means ?telecommunications? as defined in 47 U.S.C. ?

153(43).



"Telecommunications Carrier" means "telecommunications carrier" as defined in

47 U.S.C. ? 153(44).



"Telecommunications Service? means ?telecommunications service? as defined in

47 U.S.C. ? 153(46), but shall not include Cable Services. In the event that

"telecommunications service" or ?Information Service? is no longer defined in

the Act or the definition in the Act otherwise becomes inapplicable,

"telecommunications service" and ?Information Service? shall mean

"telecommunications service" and ?Information Service? as defined in the Act

immediately prior to such term no longer being defined in the Act or such

definition otherwise becoming inapplicable.



? 3. The term of the License, and this Agreement, shall consist of the

?Initial Term? and the ?Renewal Terms.? The ?Initial Term? of the License

granted by this Agreement, and this Agreement commences on December 1, 2007,

("Effective Date") and expires on April 1, 2014. So long as Licensee is not in

default under this Agreement, the License, and this Agreement, shall

automatically renew for five additional five (5) year terms (each a "Renewal

Term") on the same terms and conditions as set forth herein provided that

Licensee notifies the City, at some time during the nine (9) month period prior

to the expiration of the Initial Term, or the then applicable Renewal Term,

that (i) Licensee wishes to renew the License, and this Agreement, for the then

upcoming Renewal Term; (ii) to the best of Licensee?s knowledge, Licensee is at

that time in compliance with this Agreement; and (iii) as of the date of

Licensee?s notice to the City, the School District Agreement is still in

effect, or any replacement agreement that has been executed between Licensee

and the School District is still in effect..



? 4. If Licensee commits a material violation of this Agreement, and does not

cure such violation within thirty (30) days after receiving notice of such

violation from the City (or if such violation cannot be cured within 30 days,

within such reasonable period of time thereafter as is necessary to cure the

violation), the City, at its option, may, upon written notice not less than

ninety (90) days prior to the effective date of the termination, terminate this

License and revoke this Agreement for cause, unless otherwise prohibited by

law. In the event of any termination of the License pursuant to this Section

4, Licensee, at the City?s request and at Licensee?s own cost and expense,

shall remove the fiber optic cable that is a portion of the System located in

the public rights of way. The City shall have the right to establish

reasonable terms and conditions for the removal of such fiber optic cable.

? 5. (a) This Agreement authorizes Licensee to encroach upon the Streets as

set forth in ?1 subject to the following condition. The System in the City

shall be used solely for the provision of Services pursuant to the School

District Agreement, and may not be installed overhead or underground, within

the Streets, except to the extent necessary or desirable to connect any

buildings or other locations (collectively, the ?Sites?) that Licensee connects

the System to pursuant to the School District Agreement. The initial Sites

are identified on a list prepared by Licensee, dated February 1, 2007, a copy

of which is attached to this Agreement as Attachment "2". The Sites shall also

include any additional Sites thereafter added, so long as Licensee notifies the

City of any such additional Sites to be connected as provided in Section 6

hereof, and so long as such additional Sites are added pursuant to the School

District Agreement, which shall include any amendments to that Agreement.



(b) If Licensee or the System fails to comply with the foregoing conditions in

this Section 5, and Licensee does not cure such violation of this Agreement in

a timely manner (as required under Section 4), the City may revoke and

terminate the License as provided in Section 4 of this Agreement; require

Licensee to obtain additional authorization from the City, including a

Telecommunications franchise; and/or impose such other conditions or

requirements permitted by applicable law or this Agreement. If Licensee or the

System fails at any time to comply with each of the foregoing conditions in

this Section 5, Licensee shall promptly inform the City in writing.



? 6. Licensee shall give the City at least thirty (30) days advance written

notice (a) of any changes in the Route involving the use of additional Streets

within the City and (b) of the connection of any additional Sites not included

in Attachment 2, and shall abide by any applicable non-discriminatory

permitting requirements as specified by City Ordinances in connection with such

changes.



? 7. Licensee shall have no right to assign or transfer its rights under this

Agreement without the prior written consent of the City, which consent shall

not be unreasonably withheld or delayed. The City shall not assign or transfer

its rights under this Agreement.



? 8. Licensee shall also be subject to the following specific conditions:



(a) Except as otherwise provided in this Agreement, the City shall not bear

any costs incurred in connection with Licensee's installation, construction,

maintenance, repair, operation and removal of the System.



(b) As between Licensee and the City, Licensee, on Licensee?s own behalf and

on behalf of any successor or assign, shall acknowledge and assume all

responsibility for its permitted use of the Streets and for the installation,

construction, maintenance, repair, operation and removal of the System, which

shall be undertaken without risk or liability on the part of the City.



(c) Licensee shall be required to pay a license fee for occupancy of Streets

under the control of the City equivalent to any amounts charged pursuant to

regulations promulgated by the State Department of Transportation (?DOT?) for

the associated occupancy of rights of way under the control of the DOT, taking

into consideration the mileage of the System in place in the Streets.

Notwithstanding the foregoing, Licensee shall be excused from making any

license fee payments required by this subsection as long as the Licensee and

the System is used in compliance with the provisions set forth in ?1 and ?5(a)

herein.



(d) At all times during the Term of the License and this Agreement, Licensee

will (i) provide the City with a copy of the then current version of the School

District Agreement, (ii) provide the City with written notice of the name,

address, telephone number of Licensee and an emergency contract number for

Licensee, and (iii) provide the City with such other information about Licensee

as the City may reasonably request.



(e) Licensee shall furnish the City evidence of a commercial general liability

insurance contract, including coverage for contractual liability and assumed

risks, in a form reasonably acceptable to the City, in an amount of $1,000,000

combined single limit, naming the City and its officers, boards, commissions,

councils, elected officials, agents and employees as additional insured.

Licensee shall be deemed to be in compliance with the foregoing provision if it

generally maintains a self-insurance program reasonably acceptable to the City

and provides certification thereof to the City. The foregoing minimum

limitation shall not prohibit Licensee from obtaining a liability insurance

policy or policies in excess of such limitations, provided that the City, its

officers, boards, commissions, councils, elected officials, agents and

employees shall be named as additional insureds to the full extent of any

limitation contained in any such policy or policies obtained by Licensee.



(f) Licensee shall require any of its sub-contractors to furnish the City

evidence of a commercial general liability and property damage insurance

contract in an amount of $1,000,000 combined coverage for bodily injuries and

property damage resulting from the sub-contractor?s activities with respect to

the installation, construction, operation, maintenance, repair, replacement and

removal of the System on behalf of Licensee. Such insurance shall name the

City and its officers, boards, commissions, councils, elected officials, agents

and employees as additional insureds.



(g) The insurance policies required in this Section 8 shall be maintained by

Licensee and its sub-contractors throughout the term of the License and such

other period of time during which Licensee operates or is engaged in the

removal of the System from the Streets. Each such liability insurance policy

shall contain an endorsement substantially in the form of the following:



It is hereby understood and agreed that this policy may not be canceled, nor

amended, nor the intention not to renew be stated, until thirty (30) days after

receipt by the City of a written notice of such intent to cancel or not to

renew.

Prior to any such cancellation, Licensee shall obtain and furnish to the City

replacement insurance policies in a form reasonably acceptable to the City.



(h) The legal liability of Licensee or the sub-contractors to the City and any

Person for any of the matters that are the subject of the liability insurance

policies required by this Section 8, including, without limitation, the

indemnification obligations set forth in this Agreement, shall not be limited

by such insurance policies nor by the recovery of any amounts hereunder, except

to the extent necessary to avoid duplicative recoveries from or payments by

Licensee or any sub-contractor.



(i) To indemnify the City for any unreimbursed loss or damage to its Streets

or any property of the City caused by Licensee during construction,

installation, operation, upgrade, repair, maintenance, replacement or removal

of the System, and to ensure the performance of Licensee under this License,

Licensee shall arrange for a performance bond solely for the protection of the

City, with a corporate surety or trust reasonably acceptable to the City and

consistent with the terms and conditions contained in Attachment 3 of this

License. A copy of the executed performance bond shall be delivered to the

City by Licensee no less than thirty (30) days after the Effective Date of this

Agreement.



? 9. Licensee shall be responsible for any liability of the City, and any

officer, employee, agent, attorney, consultant and independent contractor of

the City, arising out of or in connection with Licensee?s acts or omissions in

connection with the construction, installation, operation, repair, maintenance,

replacement or removal of the System by Licensee, or the performance of

Licensee?s obligations under the School District Agreement. Licensee shall, at

its own cost and expense, replace, repair or restore to as near as possible its

prior condition, any property damaged in connection with the performance of any

of the foregoing activities and shall pay any compensation and damages, finally

adjudicated by a court of competent jurisdiction to be owed by Licensee

pursuant to any claim against Licensee as a result of any injury to or death of

any Person occasioned by any act or failure to act of Licensee, any Affiliated

Person, or any officer, employee, agent or subcontractor thereof, in connection

with Licensee's construction, installation, operation, repair, maintenance or

removal of the System or the performance of Licensee?s obligations under the

School District Agreement. Nothing in this Section 9 shall be interpreted to

limit any indemnification obligations pursuant to this License. Nothing herein

shall be deemed to limit any recovery to which a Person may otherwise be

entitled or Licensee?s right to assert that any other Person, other than the

City, is responsible for the amounts owed.



? 10. The City, its officers, employees, agents, attorneys, consultants and

independent contractors shall not be responsible for any acts or omissions of

Licensee, any Affiliated Person or any other non-City affiliated Person,

arising out of or in connection with the construction, installation, operation,

upgrade, repair, maintenance, replacement or removal of the System or the

performance of Licensee?s obligations under the School District Agreement. The

City and its officers, employees, agents, attorneys, consultants and

independent contractors shall have no liability to Licensee, any Affiliated

Person or any other Person, and Licensee and its officers, employees, agents,

attorneys, consultants and independent contractors shall have no liability to

the City or any Affiliated Person or any other Person, for any special,

incidental, consequential, punitive, or other damages as a result of the

exercise of any right of the City or Licensee pursuant to this Agreement or

applicable law.



? 11. Except to the extent caused by (i) acts of willful misconduct or gross

negligence by the City or its officers, employees, agents, attorneys,

consultants and independent contractors or (ii) the violation by any or all of

the foregoing of Chapter 25-9 of the Official Code of Georgia, as now or

hereafter amended, relating to notification and location prior to excavation

near any underground utilities, Licensee shall defend, indemnify and hold

harmless the City, its officers, employees, agents, attorneys, consultants and

independent contractors from and against all liabilities, whether special,

incidental, consequential or punitive, and all other damages, costs and

expenses (including reasonable attorneys? fees) arising out of Licensee's

construction, installation, operation, repair, maintenance, replacement or

removal of the System or the performance of Licensee?s obligations under the

School District Agreement. Nothing herein shall be deemed to limit Licensee?s

right to assert that any other Person, other than the City, is responsible for

the amounts owed.



? 12. Licensee shall be responsible for assuring that all overhead cables that

are part of the System meet the minimum ground clearance as required by all

applicable codes and regulations.



? 13. Prior to construction, a final location plan for the portion of the

System that shall be located in the Streets shall be submitted for approval by

the City Engineer. The City Engineer shall be authorized to permit installation

pursuant to such final location plan, or to require an alternate location for

the portion of the System that shall be in the Streets, within the Route, if

the City Engineer reasonably determines that such alternate location must be

used to avoid interference with other permitted uses of such Streets or to

establish an appropriate width from curb for placement of the System for the

use proposed. The City acknowledges that the final location plan for the

initial construction of the System for the School District under the School

District Agreement has been submitted and approved by the City Engineer.



? 14. The Licensee shall place the System underground to the extent required by

the City or State of Georgia to do so and in any other locations where required

by the City Engineer, so long as any such requirements in this Section 14 are

applied on a non-discriminatory basis (i.e., such requirements are only

applicable if the City or State or City Engineer imposes the same requirement

on all Telecommunications Carriers or utilities). Notwithstanding the

foregoing, in the event that during the Term Licensee is granted the right by

the City to place its System above ground along a particular portion of a Route

where the cables of Telecommunications Carriers and utilities are also above

ground and Licensee actually installs a portion of its System above ground

along such portion, the City may not subsequently require the Company to place

such portion of the System underground unless the City also requires all other

Telecommunications Carriers or utilities with cable along such portion of the

Route to place their cables underground.



? 15. Licensee shall provide as-built drawings detailing the location of the

conduits and manholes of the System installed pursuant to the approval and

authorization granted pursuant to this Agreement.



? 16. Not less than thirty (30) days after this Agreement becomes effective,

Licensee shall furnish the City with the insurance and bond forms required

under this Agreement.



? 17. All work involved in the construction, installation, operation, repair,

maintenance and removal of the System shall be performed in a reasonably safe,

thorough and reliable manner, using materials of good and durable quality. If

it is reasonably determined by the City or any other agency or authority of

competent jurisdiction, at any time, that the portion of the System located in

the Streets is harmful to the health or safety of any Person, then Licensee

shall upon reasonable notice appropriate under the circumstances, at its own

cost and expense, promptly correct all such harmful conditions.



? 18. Neither the City nor its officers, employees, agents, attorneys,

consultants or independent contractors shall be responsible to Licensee or any

Affiliated Persons for any liability as a result of or in connection with the

protection, breaking-through, movement, removal, alteration or relocation of

the System by or on behalf of Licensee or the City in connection with any

emergency, public work, public improvement, alteration of any municipal

structure, any change in the grade or line of any Streets, or the elimination,

discontinuation and closing of any Streets. The foregoing provision relieving

the City from any liability pursuant to this Section shall not apply to acts of

gross negligence, willful misconduct or to damages caused by violations by the

City of Chapter 9 of Title 25 of the Official Code of Georgia Annotated, as now

or hereafter amended, relating to notification and location prior to excavation

near underground utilities. Nothing herein shall be deemed an admission by the

City of liability nor be interpreted to waive any protection against liability

under any law.



? 19. In connection with the construction, installation, operation, repair,

maintenance or removal of the System, Licensee shall not, except in an

emergency, materially obstruct the Streets, subways, railways, rivers or other

traffic to, from or within the corporate limits of the City without the prior

consent of the City. The portion of the System in the Streets shall be located

so as to cause minimum interference with the lawful use of the Streets and

adjoining property by other Persons. Licensee shall, to the extent not

prevented by an emergency, operate the System so as not to interfere with other

lawful, previously permitted uses of the Streets. Licensee shall undertake all

reasonable and appropriate efforts to prevent accidents at its work sites,

including the placement and maintenance of proper guards, fences, barricades,

watchmen and suitable and sufficient lighting, when and if necessary.



? 20. The City may, at any time and in accordance with applicable law, in case

of fire, disaster or other emergency, as determined by the City in its

reasonable sole discretion, cut or move the portion of the System located in

the Streets as and to the extent necessary to contain or alleviate the harm

threatened by the emergency at hand and/or to repair any damage to the Streets

resulting there from, in which event the City shall not incur any liability to

Licensee or any Affiliated Person. The City shall use reasonable efforts under

the circumstances if reasonably possible to consult with Licensee prior to any

such cutting or movement of the portion of the System located in the Streets,

and, if possible, Licensee shall be given the opportunity to perform such work

itself. All costs to repair or replace such portion of the System shall be

borne by Licensee.



? 21. The City has the right to oversee, regulate and inspect the

construction, installation, repair, maintenance and removal of the System in

the Streets. The City reserves the right to adopt or issue, in accordance with

applicable law, such rules, regulations, orders or other directives, governing

Licensee or the System as it shall find necessary or appropriate in the

exercise of its police power and consistent with, this Agreement.



? 22. Nothing in this Agreement affects the right of the City to authorize any

other Person to occupy and use the Streets, including the Streets set forth in

the Attachment or any other Streets in the Route, to construct, install,

operate, upgrade, repair, maintain and remove equipment used to provide any

Telecommunications Services or Private Communications Services, or to engage in

any other activity in the Streets, but the City shall not permit any Person to

do so if such use or activity will interfere with the System or the operation

of the System. Nothing in this Agreement affects the right of the City to

occupy and use the Streets to construct, install, operate, upgrade, repair,

maintain and remove equipment used to provide any Telecommunications Services,

or to engage in any other activity in the public Streets, so long as such use

or activity does not interfere with the System or operation of the System.



? 23. Nothing in this Agreement abrogates the right of the City to perform any

public works or public improvements. If the portion of the System located in

the Streets materially interferes with the construction, installation,

operation, maintenance, repair or removal of such public works or public

improvements, Licensee, at its own expense, shall, promptly after receipt of

reasonable notice of such interference from the City, protect, alter or

relocate such portion of the System, as reasonably directed by the City. If

Licensee, after receipt of the foregoing notice from the City refuses or

neglects to so protect, alter or relocate said portion of the System within a

reasonable time, the City may break through, remove, alter or relocate said

portion of the System without any liability to Licensee, and Licensee shall pay

to the City the reasonable costs incurred in connection with such breaking

through, removal, alteration or relocation. The City and its officers,

employees, agents, attorneys, consultants and independent contractors shall not

have any liability to Licensee for any damage as a result of, or in connection

with, such public works or public improvements. The foregoing provision

relieving the City from any liability pursuant to this Section shall not apply

to acts of gross negligence, willful misconduct or to damages caused by

violations by Chapter 9 of Title 25 of the Official Code of Georgia Annotated,

as now or hereafter amended, relating to notification and location prior to

excavation near underground utilities. Nothing herein shall be deemed an

admission of liability by the City nor be interpreted to waive any protection

against liability under any law.



? 24. Licensee shall obtain all approvals, licenses, permits or other

authorizations from the appropriate federal, state and local authorities

required for Licensee to perform its obligations under the School District

Agreement, and shall, upon the City?s request, submit evidence of such required

approvals, if any, to the City. Licensee shall obtain all construction,

building or other permits or approvals necessary before constructing,

installing upgrading, repairing, maintaining, replacing or removing the System.



? 25. Licensee shall, in connection with this Agreement, comply with: (1) all

applicable laws, rules, regulations, orders, writs, decrees and judgments

(including, but not limited to, those of the FCC and any other federal, state

agency or authority of competent jurisdiction); and (2) all applicable local

laws and all rules, regulations, orders, or other directives of the City issued

pursuant to this Agreement. As between Licensee and the City, Licensee shall

have the responsibility for obtaining all federal and state permits, licenses

and other forms of approval or authorization necessary to construct, install,

operate, repair, maintain and remove the System and perform Licensee?s

obligations under the School District Agreement.



? 26. If any section, subsection, sentence, clause, phrase or other portion of

this Agreement is, for any reason, declared invalid, in whole or in part, by

any court, agency, commission, legislative body, or other authority of

competent jurisdiction, such portion shall be deemed a separate, distinct, and

independent portion. Such declaration shall not affect the validity of the

remaining portions hereof, which other portions shall continue in full force

and effect.



? 27. Notwithstanding anything in this Agreement to the contrary, this

Agreement shall not be deemed to waive, modify or amend any of the terms of the

School District Agreement, and the rights and obligations of the parties to the

School District Agreement. Without limiting the foregoing, any

obligations/liabilities/costs and expenses of, or assumed by, the School

District under the School District Agreement shall remain the School District?s

obligations/liabilities/costs and expenses and this Agreement shall not be

construed to constitute a waiver by Licensee of its rights to enforce such

obligations/liabilities/costs and expenses, or an agreement by Licensee to

assume such obligations/liabilities/costs and expenses. In addition,

notwithstanding anything in this Agreement to the contrary, this Agreement

shall not be deemed to waive, alter or modify any rights Licensee may have vis

a vis Persons other than the City with regard to obligations, liabilities or

otherwise. For example, any statements regarding Licensee?s liability for

certain actions or events or omissions under this Agreement shall not be

construed to mean that another Person or Persons, other than the City, does not

have primary or sole liability for such actions or events or omissions (or that

Licensee waives its rights against such other Persons), such that such other

Person or Persons would need to reimburse Licensee for any amounts it paid to

the City.



? 28. All notices, statements, demands, requests, consents, approvals,

authorizations, offers, agreements, appointments, designations, or other

direction or communication hereunder by any party to another shall be (a) in

writing, (b) effective on the first business day following the date of receipt,

and (c) delivered by one of the following means: (i) by personal delivery; (ii)

by prepaid, overnight package delivery or courier service; (iii) by the United

States Postal Service, first class, certified mail, return receipt requested,

postage prepaid; or (iv) by prepaid telecopier, telex, or other similar means

of electronic communication (followed by confirmation on the same or following

day by overnight delivery or by mail as aforesaid). All notices given under

this Agreement shall be addressed as follows:



CITY: Office of the City Manager

Columbus Consolidated Government

P. O. Box 1340

Columbus, Georgia 31902-1340



LICENSEE: SUNESYS, LLC

202 Titus Avenue

Warrington, PA 18976

Attn: Senior Counsel

Telecopier No.: (267) 927-2090



or to such other postal addresses, email addresses, or telecopier numbers of

which the parties have been advised in writing by any of the above-described

means. Personal delivery to a party or to any officer, partner, agent, or

employee of such party at its address herein shall constitute receipt. The

following shall also constitute receipt: (i) a party's rejection or other

refusal to accept notice, and (ii) the inability to deliver to a party because

of a changed postal address or telecopier number of which no notice has been

received by the other party. Notwithstanding the foregoing, no notice of

change of postal address, or telecopier number shall be effective until five

(5) business days after the date of receipt thereof. Each party agrees to

promptly give the other party notice of any change in its above listed,

respective postal addresses, telecopier numbers or contact persons.



? 29 Adoption. By the adoption of this Ordinance, the Council of Columbus

hereby expressly authorizes the Mayor of the City of Columbus to proceed with

the implementation of this Franchise and to enforce the provisions contained

herein.









ATTACHMENT 1



ROUTE











ATTACHMENT 2



SITE LIST



Customer: Muscogee County School District

Type of Service: 1000Mbps Point-to-Point Managed Ethernet Service

Order Date: February 1, 2007



1.Description of Wide Area Network: Point-to-point 1000 Mbps Ethernet based

connection between and terminating at the following Connecting Points:



A-LOC B-LOC

Site Name: Columbus Roberts Center. Site Name: Teen Parenting Center

Street Address: 539 Brown Ave Street Address: 2701 11th Ave

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31901

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX:706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



C-LOC D-LOC

Site Name: Arnold Middle Site Name: Richards Middle

Street Address: 2011 51st St Street Address: 2892 Edgewood

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31906

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



E-LOC F-LOC

Site Name: Rothschild Middle Site Name: Kendrick High

Street Address: 1136 Hunt Ave. Street Address: 6015 Georgetown Dr.

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31904

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



G-LOC H-LOC

Site Name: Financial Services Site Name: Eddy Middle

Street Address: 5661 Lorenzo Rd. Street Address: 2100 S. Lumpkin Rd.

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31903

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



I-LOC J-LOC

Site Name: St. Elmo Gifted Center Site Name: Baker Middle

Street Address: 2101 18th Ave. Street Address: 1215 Benning Dr.

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31906 City/St/Zip: Columbus, Ga. 31903

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



K-LOC L-LOC

Site Name: Blackmon Road Middle Site Name: Blanchard Elementary

Street Address: 7251 Blackmon Rd. Street Address: 3512 Weems Rd.

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31909 City/St/Zip: Columbus, Ga. 31909

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



M-LOC N-LOC

Site Name: Brewer Elementary Site Name: Britt David Elementary

Street Address: 2951 MLK Dr. Street Address: 5801Armor Rd.

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31906 City/St/Zip: Columbus, Ga. 31909

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



O-LOC P-LOC

Site Name: Carver High Site Name: Columbus High

Street Address: 3100 8th St. Street Address: 1700 Cherokee Ave.

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31903

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



Q-LOC R-LOC

Site Name: Cusseta Road Elementary Site Name: Dawson Road Elem.

Street Address: 4150 Cusseta Rd. Street Address: 180 Northstar Dr.

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31903 City/St/Zip: Columbus, Ga. 31907

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



S-LOC T-LOC

Site Name: Dimon Elementary Site Name: Double Churches Elementary

Street Address: 480 Dogwood Dr Street Address: 1213 Double Churches Rd..

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31907 City/St/Zip: Columbus, Ga. 31904

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX

U-LOC V-LOC

Site Name: Double Churches Middle Site Name: Downtown Elementary

Street Address: 7611 Whitesville Rd. Street Address: 1400 1st Ave.

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31901

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



W-LOC X-LOC

Site Name: E. Columbus Magnet Academy Site Name: Edgewood Elementary

Street Address: 6100 Georgetown Dr. Street Address: 3835 Forrest Rd.

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31907 City/St/Zip: Columbus, Ga. 31907

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



Y-LOC Z-LOC

Site Name: Forrest Road Elem. Site Name: Fort Middle

Street Address: 6400 Forrest Rd. Street Address: 2900 Woodruff Farm Rd.

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31907 City/St/Zip: Columbus, Ga. 31907

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



AA-LOC BB-LOC

Site Name: Fox Elem. Site Name: Gentian Elem.

Street Address: 600 38th St. Street Address: 4201 Primrose Rd.

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31907

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



CC-LOC DD-LOC

Site Name: Hannan Elem. Site Name: Hardaway High

Street Address: 1338 Tallbottom Rd. Street Address: 2901 College Dr.

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31901 City/St/Zip: Columbus, Ga. 31904

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



EE-LOC FF-LOC

Site Name: Johnson Elem. Site Name: Jordan High

Street Address: 3700 Woodlawn Ave. Street Address: 3200 Howard Ave.

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31903

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



GG-LOC HH-LOC

Site Name: Key Elem. Site Name: MLK Jr. Elem.

Street Address: 2520 Broadmoor Dr. Street Address: 350 30th Ave.

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31903 City/St/Zip: Columbus, Ga. 31903

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



II-LOC JJ-LOC

Site Name: Mathews Elem. Site Name: Midland Academy

Street Address: 7533 Lynch Rd. Street Address: 7373 Psalmond Rd.

Suite/Floor: Suite/Floor:

City/St/Zip Midland, Ga. 31820 City/St/Zip: Midland, Ga. 31820

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



KK-LOCLL-LOC

Site Name: Midland Middle Site Name: Muscogee Elem.

Street Address: 6990 Warm Springs Rd. Street Address: 3900 Baker Plaza

Suite/Floor: Suite/Floor:

City/St/Zip: Midland, Ga. 31820 City/St/Zip: Columbus, Ga. 31903

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX

MM-LOC NN-LOC

Site Name: Northside High Site Name: Reese Road Elementary

Street Address: 8151 Veterans Pkwy Street Address: 3100 Reese Rd.

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31909 City/St/Zip: Columbus, Ga. 31907

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



OO-LOC PP-LOC

Site Name: Rigdon Rd Elem. Site Name: River Road Elementary

Street Address: 1282 Rigdon Rd. Street Address: 516 Heath Dr.

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31906 City/St/Zip: Columbus, Ga. 31904

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



QQ-LOC RR-LOC

Site Name: Shaw High Site Name: Spencer High

Street Address: 7601 Schomberg Rd. Street Address: 4340 Victory Dr.

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31906 City/St/Zip: Columbus, Ga. 31903

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



TT-LOC UU-LOC

Site Name: St. Mary?s Road Elem. Site Name: Waddell Elem.

Street Address: 4408 St. Mary?s Rd. Street Address: 1601 Miller Rd.

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31907 City/St/Zip: Columbus, Ga. 31907

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



VV-LOC WW-LOC

Site Name: Westley Heights Elem. Site Name: Wynnton Elem.

Street Address: 1801 Amber Dr. Street Address: 2303 Wynnton Rd.

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31906

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



XX-LOC YY-LOC

Site Name: Daniel Ed. Center Site Name: Rose Hill Center

Street Address: 1042 45th St. Street Address: 425 31st St.

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31904

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



ZZ-LOC AAA-LOC

Site Name: 13th Ave. Pre School Site Name: Tillinghurst

Street Address: 151 30th Ave. Street Address: 514 Morris Rd.

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31903 City/St/Zip: Columbus, Ga. 31906

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



BBB-LOC CCC-LOC

Site Name: Woodall Center Site Name: Davis Elem.

Street Address: 4312 Harrison Ave. Street Address: 1822 Sheperd Dr.

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31903 City/St/Zip: Columbus, Ga. 31904

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



DDD-LOC EEE-LOC

Site Name: Marshall MS Site Name: Central Office

Street Address: 1830 Sheperd Dr. Street Address: 1200 Bradley Dr

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31904

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



FFF-LOC GGG-LOC

Site Name: New Elementary School Site Name: New Middle School

Street Address: Street Address:

Suite/Floor: Suite/Floor:

City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31904

Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst

NPA/NXX: 706/748 NPA/NXX: 706/748



Hand-Off Type:

RJ-45 1000Base-T or SX or LX Hand-Off Type:

RJ-45 1000Base-T or SX or LX



ATTACHMENT 3

PERFORMANCE BOND



? 1. Amount. The initial Performance Bond shall be in the face amount of not

less than Forty Thousand Dollars ($40,000.00). Such bond amount shall remain

in effect throughout the Term of this License and for ninety (90) days

thereafter.



? 2. Withdrawals from the Performance Bond. The City may make withdrawals

from the Performance Bond to reimburse or indemnify the City for any damage,

expenditure, loss or cost incurred or which the City reasonably expects to

incur as a result of any final determination by the City's governing body

pursuant to Section 4 hereof that a breach by Licensee has occurred and that

such breach has not and will not be cured in a manner and in accordance with a

schedule reasonably satisfactory to the City's governing body and that such

breach is not excusable. Withdrawals from the Performance Bond shall not be

deemed a cure of any default(s) that led to the withdrawal. Prior to making

any withdrawals from the Performance Bond, the City will give Licensee at least

seven (7) business days advance written notice of its intent to make a

withdrawal from the Performance Bond. The City?s right to make withdrawals

shall not be subject to Licensee?s approval. The City may not seek recourse

against the Performance Bond for any costs or damages for which the City has

previously been compensated through a withdrawal from the Performance Bond or

otherwise by Licensee if the result of the withdrawal is to compensate the City

twice.



? 3. Notice of Withdrawals. The City shall notify Licensee in writing of the

date and amount of any withdrawal. The withdrawal of amounts from the

Performance Bond shall constitute a credit against the amount of the applicable

liability of Licensee to the City, but only to the extent of said withdrawal.



? 4. Replenishment. Within thirty (30) days after receipt of notice from

the City that any amount has been withdrawn from the Performance Bond, Licensee

shall restore the Performance Bond to the applicable amount specified in

Section 1 of this Attachment3. Provided however, if a court finally determines

that said withdrawal by the City was improper, the City shall refund the

improperly withdrawn amount to Licensee in the event Licensee has replenished

such amount to the Performance Bond. If Licensee has not replenished such

amount, the City shall refund the improperly drawn amount to company issuing

the Performance Bond.



? 5. Form. The Performance Bond shall be in a form and content reasonably

approved by the City and shall be furnished to the City no less than five (5)

days prior to the commencement of any work under this Agreement. The

Performance Bond shall contain the following endorsement: ?It is hereby

understood and greed that this bond may not be canceled or not renewed by the

surety until at least sixty (60) days prior written notice to the City of

surety?s intention to cancel or not renew this bond.?



? 6. Not a Limit on Liability. The obligation to perform and the liability of

Licensee pursuant to this License shall not be limited by the City?s acceptance

of the Performance Bond required by this Attachment 3.



Introduced at a regular meeting of the Council of Columbus, Georgia held on the

15th day of January, 2008, introduced a second time at a regular meeting of

said Council held on the _____ day of ___________, 2008, and adopted at said

meeting by the affirmative vote of ________ members of said Council.



Councilor Allen voting____________.

Councilor Anthony voting__________.

Councilor Baker voting____________.

Councilor Barnes voting___________.

Councilor Davis voting____________.

Councilor Henderson voting________.

Councilor Hunter voting___________.

Councilor McDaniel voting_________.

Councilor Pugh voting_____________.

Councilor Woodson voting__________.





_______________________________ __________________________

TINY B. WASHINGTON JIM WETHERINGTON

CLERK MAYOR







Agenda Item#__________



Columbus Consolidated Government

Council Meeting



January 15, 2008



Agenda Report#_______





TO: Mayor and Councilors



SUBJECT: Franchise Agreement between Sunesys and

the Columbus Consolidated Government



INITIATED BY: Finance Department







Recommendation: Approve an Ordinance for the franchise agreement with Sunesys

for the installation and maintenance of multimedia optical fiber communications

transmission system.



Background: The License Agreement between the City and Sunesys is for the

purpose of providing private communications services between and among certain

Board of Education facilities located within the City of Columbus. The

agreement is based on the Georgia Municipal Associations standard

telecommunication encroachment agreement. The school district has contracted

with Sunesys to develop an advanced multimedia communications system by

improving an existing school system currently in place.



Analysis: The Muscogee County School District has executed an agreement dated

February 1, 2007 with Licensee pursuant to which Licensee will install a

multimedia optical fiber communications transmission system, and the Muscogee

County School District will license from Licensee the right to use that

multimedia optical fiber communications transmission system. This would be a

mutual benefit to Columbus, the Muscogee County Board of Education and the

students in the community who now or will attend the schools and will benefit

from availability of advanced telecommunications which should help in their

overall development and provide efficiencies in providing interaction between

and among schools, teachers and students.



Financial Considerations: The traditional encroachment fee shall be waived

provided the ?private communications system? is not in any way used for

commercial purposes. If Sunesys uses the network for purposes other than the

interconnection of the schools, then an appropriate fee will be paid based on a

linear foot charge that is consistent with fees charged by the DOT charges for

encroachment on state highways. If the system is used for the sale of

telecommunications services to the public, the license agreement will be voided

and a telecommunications franchise must be obtained.



Legal Considerations: O.C.G.A. ?36-34-2 authorizes municipalities to issue

franchises for the use of rights of way. The Columbus Council must approve all

ordinances awarding franchise agreements.



Recommendations/Actions: Approve an Ordinance affirming Franchise Agreement

between the Columbus Consolidated Government and Sunesys LLC.

Attachments


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