Article V. TELECOMMUNICATIONS

AN ORDINANCE GRANTING NON-EXCLUSIVE FRANCHISE TO SOUTHERN LIGHT, LLC FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING A FIBER OPTIC TRANSMISSION LINE WITHIN CERTAIN RIGHTS-OF-WAY IN THE CITY OF MONROEVILLE, ALABAMA

BE IT ORDAINED BY THE CITY OF MONROEVILLE, ALABAMA AS FOLLOWS:

FINDINGS

1.

The rights-of-way within the City of Monroeville are unique and physically limited assets that are critical to the travel and transport of persons and property. The rights-of-way are intended for public uses and should be managed and controlled consistent with that purpose.

2.

The City is responsible for setting standards for the use and occupancy of the rights-of-way. It is appropriate for the City to:

a.

Require adequate compensation for occupancy of the rights-of-way;

b.

Impose requirements that fully protect the public health, safety and welfare from any harm caused by use of the rights-of-way;

c.

Protect the regulatory authority of the City in a manner consistent with applicable law.

3.

This ordinance is adopted pursuant to the authority granted Alabama municipal corporations by Article XII, Section 220 of the 1901 Alabama Constitution, Alabama Code section 11-49-1 (1975) and its general police powers granted by Alabama Code section 11-45-1 (1975).

4.

Southern Light, LLC (hereafter "Southern Light" or "Franchisee") is an Alabama corporation engaged in the business providing telecommunication services over its fiber optic network.

5.

Southern Light seeks authority to construct an aerial and underground fiber-optic transmission line in the City of Monroeville, more particularly described in the attached Exhibit "A: (the "Facilities").

6.

The purpose of this ordinance is to state the terms and conditions under which Southern Light may occupy a portion of the rights-of-way for the purpose of constructing and maintaining its Facilities.