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HomeMy WebLinkAboutKMC TELECOM INC T , . .. 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. . . " ACCEPTED AND AGREED TO: "City" gfir u ~ Signature , -" Marva Brown Johnson Print Name Print Name ~b6 '{cWrJG- -rtl-c(oA. cigtfllclJMt$} . /#1 " C~ OFCcJM~(.rC(ru J ames Means Print Name Deputy General Counsel Title / 1,- rso /' () s Date 92061 16vl llt1 Vice-President and Senior Counsel Title 3 - 3D/' os- Date