(A) Reservation of right to charge franchisee for costs associated with awarding and enforcing this chapter.
(1) Section 622(g)(2)(d) of the Cable Communications Policy Act of 1984 (CCPA) (codified at 47 USC 542) expressly states that a franchise fee does not include "requirements or charges incidental to the awarding or enforcing of the franchise." It is expressly noted that there is a distinct difference between the CCPA language, "...charges incidental to..." (meaning associated with or necessitated by), and the often industry asserted contention equating such intentionally explicit language of the Congress with their term "incidental charges."
(2) As a result, and in addition to any other rights the city may have under this chapter, the city specifically reserves the right to charge the franchisee for any, and all, costs associated with enforcing this chapter or franchising agreement.
(3) At any time the city exercises its right, the city must ensure that any costs charged the franchisee are not more than the actual administrative, professional, technical, legal, consulting, or financial charges incurred by the city.
(4) The following costs may be reimbursed for awarding and enforcing this chapter:
(i) consultants, and other experts, to assist in the awarding, renewal, assignment, transfer, sale, or merger of a franchise, including costs associated with drafting a franchise agreement, or reviewing petitions for exemptions;
(ii) consultants, and other experts, to conduct or assist in any special studies or projects authorized by the city;
(iii) consultants, and other experts, to assist in the renegotiation sessions/performance evaluations that the authority or city conduct with the franchisee;
(iv) consultants, and other experts, to act as witnesses in any administrative or judicial proceedings;
(v) attorneys to defend the city, Mayor, City Administrator, Board, or Council in the enforcement of the franchise provisions, or provisions of this chapter;
(vi) costs of consultants, or other experts to review materials in anticipation or preparation of an administrative or judicial proceeding, or act as witnesses in an administrative or judicial proceeding which concerns the enforcement of franchise provisions, or provisions of this chapter;
(vii) costs of accountants or financial and business experts, to review books and records, applications or representations of a franchisee; and
(viii) cost of any other professional who performs any specialized services not performed by employees of the city.
(Ord. 90-11-15, passed 11-15-90; Am. Ord. 94-10-6, passed 10-6-94)