(A) Amount of compensation. The town shall not levy a tax, rent, fee or charge to a telecommunications corporation for the use of a public highway to provide telecommunications services, or levy a tax, fee or charge upon the privilege of engaging in the business of providing telecommunications services, except that, in connection with its provisions of telecommunications services and its use of the highways to provide the same, each telecommunications corporation shall:
(1) Pay a transaction privilege tax on the business of providing telecommunications services or applicable use tax.
(2) Pay public highway construction permit fees and utility poles and wires construction permit fees established from time to time by the town pursuant to Ch. 156 of this code.
(3) Pay all reasonable costs associated with the construction, maintenance and operation of its facilities in the public highways used to provide telecommunications services, including reasonable costs associated with damage caused to the public highways.
(4) A telecommunications corporation that has placed facilities in public highways that carry interstate traffic between and among the telecommunication corporation's points of presence exclusive of facilities used by the local network and the portion of the interstate network that carries intrastate calls, shall pay an annual fee based on the number of linear feet of trench in the public highways. The rate per linear foot shall be set by Council resolution and shall not exceed the highest rate per linear foot a political subdivision charged a licensee on or before December 31, 1999. The rate per linear foot shall not be increased in any year by more than the increase in the average Consumer Price Index as published by the United States Department of Labor, Bureau of Labor Statistics.
(5) The licensee may provide in-kind benefits such as facilities or services to the town if agreed to by the town and licensee. The calculation of the in-kind benefits shall be set forth in the license. Any in-kind facilities provided to the town under the license shall remain in possession and ownership of the town after the term of the license expires. The value of in-kind benefits shall be less than or equal to, and may be offset against, payments of interstate linear foot charges or transaction privilege tax on the business of providing telecommunications service owed to the town, but shall not be offset for any combination of intrastate and interstate charges.
(B) Disputes. If the licensee disputes the amount of town construction permit fees or other fees payable under this chapter, the matter shall be referred to a dispute resolution board. The board shall consist of three members agreed upon by both parties. Expenses for the board shall be shared equally by the town and the licensee. The board will hear the dispute promptly, and render a decision within 20 days after the hearing. All decisions of the board are non-binding on the town and the licensee; however, the findings of the board shall be admissible in any legal action. The town and the licensee shall accept or reject findings of the board within 30 days after receipt of the findings. If damages are assessed by the board, the licensee shall pay town within 30 days of receipt of an invoice. Late charges of 5% and interest charges of 1.5% per month shall be added for late payment.
(C) Denial of Application. If an application for a license is denied, the Town Manager will provide the applicant with a written justification for the denial with references to the applicable statutes, ordinances, codes or substantive policy statements on which the denial is based. The notice of denial will explain the applicant's right to protest the denial to the Town Council, that the applicant must specify the basis for its protest, including a description for why it believes Town Council incorrectly denied the license, and that the protest must be filed within 20 working days of the date of the denial.
(Ord. O2020.02, passed 3-26-2020)