(a) Purpose. It is the purpose of this Section 1032.07 to provide for the recovery of all direct and indirect costs and expenses actually incurred by the City and associated with a Public or Private Service Provider's occupancy or use of the Public Right-of-Way and related to the enforcement and administration of this Chapter. All fees related to the occupancy or use of the Public Right-of-Way shall be assessed in a manner to be determined by the City.
(b) Fee Determination Criteria. The fee shall be based only on costs that the City both has actually incurred and can clearly demonstrate are or can be properly allocated and assigned to the occupancy or use of the Public Right-of-Way. Such costs shall be reasonably and competitively neutrally allocated among all Service Providers occupying or using the Public Right- of-Way owned or controlled by the City. Consistent with Ohio R.C. 4939.06, if a Service Provider does not accept a fee levied against it, the Service Provider may appeal the fee to the PUCO within thirty (30) days after the fee is actually assessed.
(c) Regulatory Fees and Compensation Not a Tax. The regulatory fees and costs provided for in this Chapter are separate from, and additional to, any and all federal, state, local and City taxes as may be levied, imposed or due from a Service Provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of Services.
(Ord. 49-2018. Passed 7-24-18.)