A. Right To Use And Occupy: Unless a wireless provider is subject to the Municipal Telecommunications License Tax under title 10, chapter 1, part 4 Utah Code Annotated, for the right to use and occupy the right-of-way:
1. The wireless provider shall pay to the City an annual fee equal to the greater of:
a. 3.5 percent of all annual gross revenue related to the wireless provider's use of the right-of-way within the City; or
b. Two hundred fifty dollars ($250.00) annually for each small wireless facility located in the City.
2. The annual fee, together with the fee described in subsection C of this section, shall be paid on or before December 31, with the fee for any new small wireless facility installed in the prior year pro-rated by the number of months after the facility has been approved. Upon written request by City to the wireless provider, payments shall be made on a monthly basis.
3. Annually, on or before December 31, a person required to make a payment under subsection A1 of this section shall provide City with gross revenue upon which payments are calculated and a description, of reasonable specificity, of the small wireless facilities which have generated the revenue upon which the payment is based.
a. Such report shall include such information related to such payment as the City may reasonably request.
b. The records pertaining to the reports and payment required by this chapter, including but not limited to any records deemed necessary or useful by the City to calculate or confirm gross revenue, and all other records of the wireless provider reasonably required by City to assure compliance by the wireless provider with the terms of this chapter shall be open to inspection by the City and its duly authorized representatives upon reasonable notice at all reasonable business hours of the wireless provider.
B. Application Fee: With each application to locate a small wireless facility within the City, an applicant shall pay an application fee of:
1. Collocation: One hundred dollars ($100.00) per small wireless facility on the same application where the application requests collocation of the facility; or
2. Stand-Alone Pole: Two hundred fifty dollars ($250.00) per small wireless facility on the same application where the application requests the installation, modification or replacement of a stand-alone pole associated with the facility.
C. Annual Fee: The wireless provider shall pay the City an annual fee for each collocation on a City pole in the amount of fifty dollars ($50.00) per pole.
D. Other Fees: A wireless provider or applicant shall pay all other applicable fees established by City, specifically including but not limited to electrical permit fees and right-of-way permit fees prior to installing an approved small wireless facility in the right-of-way.
(Ord. 2018-27, 8-28-2018)