A. Purpose. The purpose of registration is:
1. To assure that all telecommunications providers who have facilities and/or provide services within the city comply with the ordinances, rules and regulations of the city;
2. To provide the city with accurate and current information concerning the telecom-munications providers who offer to provide telecommunications services within the city, or that own or operate telecommunications facilities within the city; and
3. To assist the city in the enforcement of this code and the collection of any city franchise fees or charges that may be due the city.
B. Registration Required.
1. Except as provided in division D. of this section, all telecommunications providers having telecommunications facilities within the corporate limits of the city, and all telecommunications providers that offer or provide telecommunications services to any customer within the city, shall register within 45 days of the effective date of this section. Any telecommunications provider that desires to have telecommunications facilities within the corporate limits of the city or to provide telecommunications services to any customer within the city after the effective date of this section shall register prior to such installation or provision of service.
2. After registering with the city pursuant to the above section B.1., the registrant shall, by December 31st of each subsequent year, file with the city a new registration form if it intends to provide telecommunications services at any time in the following calendar year. Registrants that file an initial registration after September 30th shall not be required to file an annual registration until December 31st of the following year.
3. The appropriate application and license from either the Oregon Public Utility Commission (PUC) or the Federal Communications Commission (FCC) qualify as necessary registration information. Applicants also have the option of providing the following information:
a. The identity and legal status of the registrant, including the name, address and telephone number of the duly authorized officer, agent or employee responsible for the accuracy of the registration information;
b. The name, address and telephone number for the duly authorized officer, agent or employee to be contacted in case of an emergency;
c. A description of the registrant’s existing or proposed telecommunications facilities within the city, a description of the telecommunications facilities that the registrant intends to construct, and a description of the telecommunications service that the registrant intends to offer or provide to persons, firms, businesses or institutions within the city; and
d. Information sufficient to determine whether the transmission, origination or receipt of the telecommunications services provided or to be provided by the registrant constitutes an occupation or privilege subject to any business license requirements. A copy of the business license or the license number must be provided.
C. Registration Application Fee. Each application for registration as a telecommunications provider shall be accompanied by a nonrefundable registration application fee in the amount established by resolution of the City Council.
D. Annual Registration Fee. Every telecommunications provider shall pay an annual registration fee in an amount to be determined by resolution of the City Council. Unless otherwise agreed to in writing by the city, the fee shall be paid within 30 days after the end of each calendar quarter. Each payment shall be accompanied by an accounting of gross revenues and a calculation of the amount payable. The telecommunications provider shall pay interest at the rate of 9% per year for any payment made after the due date. The annual registration fee required by this section shall be subject to all applicable limitations imposed by federal or state law.
E. Exceptions to Registration. The following telecommunications providers are excepted from registration:
1. Telecommunications providers that are owned and operated exclusively for its own use by the state or a political subdivision of this state; and
2. A private telecommunications network, provided that the network does not occupy any public rights-of-way of the city.
F. Deductions. A registrant may deduct from the annual registration fee required herein the amount of any payments made or accrued to the city for the same respective period upon which the annual registration fee is computed, under any provision of franchise, permit, or ordinance in lieu of franchise granted by the City Council. A registrant may not deduct amounts paid to the city for application fees, interest charges, or penalties. This division shall not relieve any registrant from paying in accordance with the provisions of a franchise, temporary revocable permit, Charter provision or ordinance when the amount to be paid thereunder exceeds the amount of the annual registration fee under this chapter. A registrant may not deduct from the annual registration fee the value of any right given to the city to use poles, conduits, or ducts to other facilities in common with the registrant. A registrant may not deduct from the annual registration fee any permit or inspection fee imposed under any code provision or ordinance of the city.
(Ord. 1036, passed 11-3-1999; Am. Ord. 1387, passed 11-20-2013)