(A) An application fee shall not be deemed to be franchise fees within the meaning of Section 622 ofthe Cable Act (47 U.S.C. § 542), and such payments shall not be deemed to be:
(1) Payments in kind or any involuntary payments chargeable against the compensation to be paid to the city by grantee, or
(2) Part of the compensation to be paid to the city by grantee pursuant to this chapter or a franchise agreement.
(B) All applicants for an initial franchise grant shall submit an application fee of $2,500 to compensate the city for its costs in reviewing, preparing and awarding a franchise, including the costs of outside consultants. Upon grant of a franchise the grantee shall pay a one-time fee to the city in the amount of $15,000, which sum shall be due and payable concurrently with the grantee's acceptance of the franchise agreement. Consistent with the Cable Act, all such fees shall not constitute or be credited towards a grantee's franchise fee obligation.
(C) The city reserves the right, unless prohibited by applicable law, to require a grantee to pay the incidental costs of the franchise renewal and negotiation process. Incidental costs include staff time, professional fees, and administrative costs as stated in the franchise agreement.
(Ord. 29-04, passed 9-9-04)