In the Chancery Court of Tennessee Twentieth Judicial District Davidson County
IN THE CHANCERY COURT OF TENNESSEE TWENTIETH JUDICIAL DISTRICT DAVIDSON COUNTY NASHVILLE ELECTRIC SERVICE, ) ) Plaintiff, ) ) v. ) Case No. _______________ ) Chancellor ______________ ACCESS FIBER GROUP, INC.; AMERICAN ) FIBER SYSTEMS, INC.; BELLSOUTH ) TELECOMMUNICATIONS, LCC; ) COMCAST OF NASHVILLE I, LLC; ) CROWN CASTLE NG CENTRAL, LLC; ) DUKENET COMMUNICATIONS, LLC; ) EXTENET SYSTEMS, INC.; GOOGLE ) FIBER TENNESSEE, LLC; LEVEL 3 ) TELECOM OF TENNESSEE, LLC; ) METROPOLITAN GOVERNMENT OF ) NASHVILLE AND DAVIDSON COUNTY, ) TENNESSEE; TENNESSEE TELEPHONE ) COMPANY; WINDSTREAM KDL, ) LLC; and ZAYO GROUP, LLC, ) ) Defendants / Parties-In-Interest. ) REQUEST FOR DECLARATORY RELIEF Plaintiff Nashville Electric Service states as follows for its request for declaratory relief involving Access Fiber Group, Inc., American Fiber Systems, Inc., Bellsouth Telecommunications, LLC, Comcast of Nashville I, LLC, Crown Castle NG Central, LLC, DukeNet Communications, LLC, ExteNet Systems, Inc., Google Fiber Tennessee, LLC, Level 3 Telecom of Tennessee, LLC, Metropolitan Government of Nashville and Davidson County, Tennessee, Tennessee Telephone Company, Windstream KDL, Inc., and Zayo Group, LLC: INTRODUCTION 1. This action is the result of the direct conflict between prior agreements entered into by NES (the “Agreements”) and the recently-enacted One Touch Make Ready Ordinance (the “OTMR Ordinance”). NES is asking this Court to declare its rights and obligations in light of that conflict in an effort to avoid a potential breach and piecemeal, protracted, and expensive litigation. 2. Due to regulations related to the attachment of equipment on poles and engineering requirements for the maintenance of those poles, when a new entity wishes to attach its equipment to a pole, prior attachments often must be moved to make room for the new attachments (“Make Ready Work”).
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