(A) A franchise agreement granted hereunder shall require the franchisee to pay a franchise fee in an amount determined by resolution of the City Council.
(B) Every communications provider occupying or using the public rights-of-way without an unexpired franchise agreement which imposes a franchise fee, whether or not the provider owns the facilities used to provide its services, shall pay a right-of-way use fee in the amount of the franchise fee determined by resolution of the City Council.
(C) (1) The city shall provide a right-of-way use fee credit to any communications providers who, pursuant to a franchise agreement, pays to the city franchise fees due and owing. The amount of the right-of-way use fee credit shall be equal to the franchise fees paid to the city during that right-of-way use fee billing period.
(2) (a) The City Manager, or his or her designee, may, at his or her sole discretion and through the adoption of written rules grant a full or partial right-of-way use fee annual waiver for a communications provider who can demonstrate that it has received, earned, or derived (or expects to receive, earn, or derive) little or no gross revenues from its use or occupation of the right-of-way during that year.
(b) Such written rule shall establish the maximum threshold gross revenue amounts necessary for such waiver to apply.
(D) If the communications provider’s sole use of the public right-of-way, is to place wireless facilities above the ground on existing poles or similar structures in the public right-of-way and the operator does not install or use lines, wires, or cables, such communications provider is not required to pay a right-of-way use fee or a franchise fee under this section, as long as it complies with all other applicable requirements of this chapter and all other applicable city codes, regulations, and rules. Nothing in this division (D) limits the city’s authority to charge reasonable rental or pole attachment rates for the private use of city property.
(E) Unless otherwise specified in an unexpired franchise agreement, the franchise fees required by this section 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.
(F) Unless otherwise specified in an unexpired franchise agreement, the franchisee shall pay interest at the rate of 9% per year for any payment made after the due date.
(G) The franchise fee or right-of-way use fee required in this section remain subject to any applicable limitations imposed by federal or state statutes.
(Ord. 557-2019, passed 12-9-2020)