It is the purpose of this chapter to provide for the payment and recovery of all direct and indirect cost and expenses of the city related to the enforcement and administration of this chapter.
A. Application And Review Fee:
1. Any applicant for a license or franchise pursuant to this chapter shall pay a fee as established by resolution of the city council.
2. The application and review fee shall be deposited with the city as part of the application filed pursuant to this chapter.
3. An applicant whose license or franchise application has been withdrawn, abandoned or denied shall, within sixty (60) days of its application and review fee written request, be refunded the balance of its deposit under this chapter less all ascertainable costs and expenses incurred by the city in connection with the application.
B. Other City Costs: All license or franchise grantees shall, within thirty (30) days after written demand therefor, reimburse the city in connection with any modification, amendment, renewal or transfer of the license or franchise or any license or franchise agreement.
C. Reserved Compensation For Public Ways: The city 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 chapter shall prohibit the city and a grantee from agreeing to the compensation to be paid for the granted property rights.
D. Compensation For City Property: If the right is granted, by lease, license, franchise or other manner, to use and occupy city property for the installation of telecommunications facilities, the compensation to be paid shall be fixed by the city.
E. Construction Permit Fee: Prior to issuance of a construction permit, the permittee shall pay any required permit fees.
F. Regulatory Fees And Compensation: The regulatory fees and costs provided for in this chapter, and any compensation charged and paid for the public ways provided for in this chapter, are separate from, and additional to, any and all federal, state, local and city 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. 549, 10-12-2000)
G. License Fee For Telecommunications Service:
1. Every business entity providing telecommunications service within the city of Ely must obtain and pay for an annual business license. The fee for such license is payable not later than thirty (30) calendar days after the end of each quarter and shall be three percent (3%) of the total gross receipts for the quarter of the fiscal year commencing after the effective date of this chapter. (Ord. 555, 1-24-2002, eff. 2-18-2002; amd. Ord. 641, 6-10-2010)
2. "Total gross receipts" means:
a. All revenue received by a public utility from customers located within the boundaries of the city of Ely for all intrastate telecommunications services. (Ord. 555, 1-24-2002, eff. 2-18-2002)
b. In the case of a public utility that provides "commercial mobile radio service" as defined in part 20 of title 47 of the code of federal regulations, including, but not limited to, "personal wireless service", revenue received from the first fifteen dollars ($15.00) charged monthly for each line of access for each of its customers located within the city. (Ord. 641, 6-10-2010)
3. "Public utility" means a person or local government that provides a telecommunications service, if the person or local government holds a certificate of public convenience and necessity issued by the public service commission of Nevada and derives intrastate revenue from the provision of that service to retail customers.
4. A license fee not received or postmarked within thirty (30) calendar days after the end of each calendar quarter shall be delinquent and the licensee shall pay, in addition to the license fee, a penalty of one percent (1%) of the delinquent amount per month and interest on one percent (1%) of the delinquent amount per month.
5. Each telecommunications provider which derives or intends to derive intrastate revenue from customers located within the city shall, not later than sixty (60) calendar days after the effective date of the ordinance codified in this subsection or thirty (30) calendar days before the company begins to provide intrastate telecommunications service to those customers, whichever occurs later, provide to the city:
a. An acknowledgment that the company is operating or intends to operate within the city; and
b. The date that the company began or intends to begin to derive revenue from customers located within the city.
6. Each company that is subject to this section shall, not later than thirty (30) calendar days after the end of each quarter, provide to the city a statement of the amount of revenue the telecommunications company derived during that calendar quarter from the sale of all intrastate telecommunications services to each of its customers located within the city. (Ord. 555, 1-24-2002, eff. 2-18-2002)
7. Companies with fees due in an amount less than fifty dollars ($50.00) per quarter may, in writing, request special permission to submit revenue reports and payments on an annual basis coinciding with the city's fiscal year which ends on June 30 of each year. Subsection G4 of this section does not apply to companies paying on an annual basis.
8. Annual payments for license fees not received or postmarked within thirty (30) calendar days after June 30 of each fiscal year shall be delinquent and the licensee shall pay, in addition to the license fee, a penalty of one percent (1%) of the delinquent amount per month and interest of one percent (1%) of the delinquent amount per month. (Ord. 641, 6-10-2010)