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§ 5-10-9 ROW RATES.
   (A)   Annual Rate. A wireless provider authorized to place small wireless facilities in the rights-of-way shall pay to the city compensation for use of the rights-of-way in the amount of $270 annually per small wireless facility for all recurring fees, including any right-of-way access fee and/or fee for attachment to city-owned utility poles in the right-of-way.
   (B)   Cease Payment. A wireless provider is authorized to remove its facilities at any time from the rights-of-way and cease paying the city compensation for use of the rights-of-way.
   (C)   The city may adjust the fees and annual rate, but no more often than once a year and by no more than an amount equal to one-half the annual change, if any, in the most recent consumer price index for all urban consumers for New Mexico, as published by the United States Department of Labor. The city shall notify all wireless providers who are charged of the pre-adjusted rate and of any prospective adjustments, and shall make the adjustment effective 60 days or more following such notice. These limitations on the frequency and amount of annual fee increases do not apply if the city seeks an amendment, pursuant to § 5-10-11 and to Federal Communications Order 18-01333, to adjust right-of-way rates to recover the city's reasonable costs of maintaining and managing the rights-of-way and the structures in the rights-of-way and any other costs of administering this article,