HomeMy WebLinkAboutKMC TELECOM INC
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RESOLUTION
WHEREAS, KMC Telecom, Inc. ("KMC") and the City of Augusta, Georgia (the "City")
entered into a Franchise Agreement ("Agreement") pursuant to Ordinance No. 5996 to Amend
Ordinance No. 5801, which took effect November 6, 1995 and expires on November 5,2005.
As a result ofa pending Asset Purchase Agreement under which TelCove, Inc. ("TelCove") will
purchase the network assets ofKMC in Augusta, KMC has notitied the City of its intent to
transfer and assign the rights and obligations ofKMC to TelCove, pursuant to the Agreement,
and has requested the consent of the City to transfer the Agreement to TelCove~ and
WHEREAS, TelCove and KMC have jointly filed an application at the Georgia Public
Service Commission pursuant to O.C.G.A. ~46-5-41 for the transfer of assets and customers
from KMC Telecom III LLC (flkJa KMC Telecom, LLC~ KMC Telecom III, Inc.), a wholly
owned subsidiary ofKMC Telecom Holdings, Inc. to TelCove.
WHEREAS, TelCove agrees to adhere to and be bound by all applicable provisions of
the Agreement;
WHEREAS, TelCove's acquisition of and continued operation ofKMC's network assets
in the City of Augusta will result in positive benefits tor the Augusta community in that it will
promote local exchange competition.
NOW, THEREFORE, BE IT RESOLVED by Augusta, Georgia (as successor by
consolidation ofthe City Council of Augusta and Richmond County, Georgia) that consent to the
transfer of the Agreement, and assignment of the rights and obligations ofKMC pursuant to the
terms of the Franchise Agreement, to TelCove is hereby granted.
BE IT FURTHER RESOLVED that this Consent shall become effective as of the date
of the closing of the Asset Purchase ofKMC Telecom III LLC's assets in Augusta by TelCove
which is anticipated to occur on or about July 1,2005. In the event that KMC notifies the City
that the closing of the Asset Purchase will not occur, then this Consent shall be null and void.
~tJ Adopted, this 7
day of ~
/
,2005.
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ACCEPTED AND AGREED TO:
"City"
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Signature
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Marva Brown Johnson
Print Name
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Deputy General Counsel
Title
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Date
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Vice-President and Senior Counsel
Title
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