(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 Village related to the enforcement and administration of this chapter.
(B) Application, review and construction fee.
(1) Any applicant for a license or franchise pursuant to §§ 100.06 or 100.07 of this chapter shall pay a fee of $1,000 or 1% of the estimated cost of applicants proposed telecommunications facilities, as certified by the applicant's professional engineer, whichever is greater, plus any and all direct and indirect costs incurred by the Village including the fees and costs of professional consultants retained by the Village to assist with the technical and legal review of the application.
(3) An applicant whose license or franchise application has been withdrawn, abandoned or denied shall, within 60 days of its application review and construction fee written request, be refunded the balance of its deposit under this section, less:
(a) Five hundred dollars or 0.5% of the estimated cost of applicants proposed telecommunications facilities, whichever is greater, as established pursuant to division (B)(1) above, and
(b) Any and all direct and indirect costs incurred by the Village in employing professional consultants that review the application.
(C) Other Village costs. All license or franchise grantees shall, within 30 days after written demand therefor, reimburse the Village for all direct and indirect costs and expenses incurred by the Village 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 Village 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 Village and a grantee from agreeing to the compensation to be paid for the granted property rights.
(E) Compensation for Village property. If the right is granted, by lease, license, franchise or other manner, to use and occupy Village property for the installation of telecommunications facilities, the compensation to be paid shall be fixed by the Village.
(F) Annual fees. Unless otherwise agreed in a license or franchise grant agreement, each license or franchise grantee shall pay an annual license fee to the Village equal to $500 as reimbursement for the Village's 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,
(G) Cable fees. Cable television franchisees shall be subject to the franchise fees, payments and costs set forth in a franchise agreement entered into between the Village and the cable company.
(H) 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) hereof are separate from, and additional to, any and all federal, state, local and Village 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. C0-07-29, passed 8-21-2007)