(a) Purpose. It is the purpose of this section to provide for the payment and recovery of all direct and indirect costs and expenses of the municipality related to the enforcement and administration of this chapter.
(b) Application and review fee.
(2) The application and review fee shall be deposited with the municipality as part of the application filed pursuant to §§ 872.04 to 872.12 of this chapter, and upon completion of the application, review and determination of license or franchise approval by the municipality all ascertainable costs and expenses incurred by the municipality in connection with such application, review and determination process which are not covered by the one thousand dollar ($1,000.00) fee shall be forthwith paid by the applicant.
(3) An applicant whose license or franchise application has been withdrawn, abandoned or denied shall, within 60 days of receipt of its written refund request, be refunded the balance of its deposit under this section, less all ascertainable costs and expenses incurred by the municipality in connection with the application.
(c) Other municipality costs. All license or franchise grantees shall, within 30 days after written demand therefor, reimburse the municipality for all direct and indirect costs and expenses incurred by the municipality in connection with any modification, amendment, renewal or transfer of the license or franchise or any license or franchise agreement.
(d) Reserved compensation for public ways. The municipality reserves its right to annually fix a fair and reasonable compensation to be paid for the property rights granted to a telecommunications license or franchise grantee. Nothing in this section shall prohibit the municipality and a grantee from agreeing to the compensation to be paid for the granted property rights.
(e) Compensation for municipality property. If the right is granted, by lease, license, franchise or other manner, to use and occupy municipal property for the installation of telecommunications facilities, the compensation to be paid shall be fixed by the municipality.
(f) Construction permit fee. Prior to issuance of a construction permit, the permittee shall pay a permit fee equal to all of the direct and indirect costs of the municipality arising from or incident to the enforcement and administration of the provisions of this chapter as the same relate to the location, construction and installation of telecommunication facilities by or for the permitee.
(g) Annual fees. Unless otherwise agreed in a license or franchise grant agreement, each license or franchise grantee shall reimburse the municipality for the municipality’s annual costs in connection with reviewing, inspecting and supervising the use and occupancy of the public ways in behalf of the public and existing or future users.
(h) Cable fees. Cable television franchisees shall pay an annual franchise fee of 5% of the franchisee’s annual gross revenue in accordance with the terms of such franchisee’s cable television franchise agreement.
(i) Regulatory fees and compensation not a tax. The regulatory fees and costs provided for in this section, and any compensation charged and paid for the public ways provided for in division (d) of this section, are separate from, and additional to, any and all federal, state, local and municipal taxes as may be levied, imposed or due from a telecommunications carrier or provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of telecommunications services.
(Ord. 00-O-1838, passed 10-3-2000)