§ 113.11 MODIFICATION OF EXISTING FEES.
   (A)   In compliance with the requirements of § 13(1) of the METRO Act, the city hereby modifies to the extent necessary any fees charged to telecommunications providers after November 1, 2002, the effective date of the METRO Act, relating to access and usage of the public rights-of-way, to an amount not exceeding the amounts of fees and charges required under the METRO Act, which shall be paid to the authority.
   (B)   In compliance with the requirements of § 13(4) of the METRO Act, the city also hereby approves modification of the fees of providers with telecommunication facilities in public rights-of-way within the city's boundaries, so that those providers pay only those fees required under § 8 of the METRO Act.
   (C)   The city shall provide each telecommunications provider affected by the fee with a copy of this chapter in compliance with the requirement of § 13(4) of the METRO Act. To the extent any fees are charged telecommunications providers in excess of the amounts permitted under the METRO Act, or which are otherwise inconsistent with the METRO Act, such imposition is hereby declared to be contrary to the city's policy and intent, and upon application by a provider or discovery by the city, shall be promptly refunded as having been charged in error.
(Ord. 822, passed 3-22-99; Am. Ord. 885, passed 10-28-02; Am. Ord. 1042, passed 4-8-19)