§ 115.06  EFFECT OF PROVISIONS ON EXISTING FRANCHISES, LICENSES AND THE LIKE.
   (A)   Generally. Any franchise, license or similar agreements between telecommunications retailers and the city entered into before the effective date of this subchapter (Ord. 1968, passed 12-22-1997) regarding the use of public rights-of-way shall remain valid according to and for their stated terms except for any fees, charges or other compensation to the extent waived.
   (B)   Waiver of franchise fees and the like.
      (1)   The city hereby waives all fees, charges and other compensation that may accrue after the effective date of the waiver to the city by a telecommunications retailer pursuant to any existing city franchise, license or similar agreement with a telecommunications retailer during the time the city imposes the telecommunications infrastructure maintenance fee. This waiver shall only be effective during the time the infrastructure maintenance fee provided for in this subchapter is subject to being lawfully imposed on the telecommunications retailer and collected by the telecommunications retailer from the customer.
      (2)   The City Clerk shall send a notice of the waiver by certified mail/return receipt requested to each telecommunications retailer with whom the city has a franchise.
   (C)  Imposition of infrastructure maintenance fee. The city infrastructure maintenance fee provided for in this subchapter shall become effective and imposed on the first day of the month not less than 90 days after the city provides written notice by certified mail to each telecommunications retailer with whom the city has an existing franchise, license or similar agreement that the city waives all compensation under such existing franchise, license or similar agreement during such time as the fee is subject to being lawfully imposed and collected by the retailer and remitted to the city. The infrastructure maintenance fee shall apply to gross charges billed on or after the effective date as established in the preceding sentence.
(1999 Code, § 115.06)  (Ord. 1968, passed 12-22-1997)  Penalty, § 10.99