§ 11-706. Right-of-Way User Fees.
   (1)   Annual Fee.
      (a)   Each Licensee that is not a Franchisee shall pay an annual fee to the City to compensate the City for its costs incurred in connection with issuing Construction Permits for Underground Facilities and reviewing, inspecting and supervising the ongoing use and occupancy of the Right-of-Way to construct, install, operate or maintain Underground Facilities.
      (b)   Each Franchisee shall pay to the City, in addition to the compensation required under its Franchise, an annual fee to compensate the City for its costs incurred in connection with issuing Construction Permits for Underground Facilities.
      (c)   The aggregate annual fee to be paid by all Licensees pursuant to subsections (a) and (b) shall equal a total of four hundred eighty thousand dollars ($480,000) in the first year following the first assessment date established by the Commissioner pursuant to subsection (d). Such total shall increase by five percent (5%) per year thereafter.
      (d)   On an assessment date to be determined by the Commissioner, the Commissioner shall determine the annual fee to be assessed of each Licensee by allocating the total amount of the fee provided in subsection (a) among all Licensees, based on the number of linear feet of Combined Underground Facilities the Licensee owned in the ROW on the assessment date and the number of linear feet of Combined Underground Facilities the Licensee received permits to construct in the ROW during the preceding twelve (12) month period. The method for determining each Licensee's annual fee shall be established by regulation. During the first two (2) years following the first assessment date established by the Commissioner, the annual fee shall be assessed for each calendar quarter and paid in advance on the first day of the quarter; thereafter it shall be assessed annually, and paid in advance on the first day of the year to which it applies. No more frequently than every three years, the Commissioner shall review and, if necessary, recalculate the fees provided in this subsection to reflect the City's actual costs incurred in connection with the activities described in subsection (a).
   (2)   Street Degradation Fee. After the issuance of a Construction Permit, the applicant shall pay a fee established by the Commissioner by regulation, to compensate the City for the reduction in the useful life of Streets caused by construction in the ROW. In the first and second years following the resurfacing or reconstruction of a Street, the fee shall be three dollars eighty-one cents ($3.81) per square foot of Street surface excavated. In the third through fifteenth years following the resurfacing or reconstruction of a Street, the fee shall be one dollar ($1.00) per square foot of Street surface excavated. No Street Degradation Fee shall be charged for construction in Streets that have not been resurfaced or reconstructed for more than fifteen (15) years. No Street Degradation Fee shall be charged for construction required by and directly related to an Emergency Condition. No Street Degradation Fee shall be owed by a Franchisee whose compensation to the City required under its Franchise exceeds its fees due under this Section 11-706. No more frequently than every three years, the Commissioner shall review and, if necessary, recalculate the foregoing fees to reflect the City's actual costs incurred in connection with Street degradation caused by construction in the ROW.
   (3)   Application to City Agencies. City Agencies shall be required to pay the Street Degradation Fee and an annual ROW management fee equal to the City's costs incurred in connection with issuing Construction Permits for Underground Facilities and reviewing, inspecting and supervising the ongoing use and occupancy of the Right- of-Way to construct, operate or maintain Underground Facilities as required under this Chapter or equivalent compensation; except that the Streets Department and the Department of Public Property shall not be required to pay a fee that compensates the Departments for their own costs of managing the Right-of-Way.