(A) A franchise agreement granted hereunder shall require the franchisee to pay a franchise fee in an amount determined by resolution of the City Council.
(B) Every provider occupying or using the public rights-of-way, whether or not the provider owns the facilities and whether or not such services are provided inside the city, shall pay a right-of-way use fee, which shall be based upon all the services it provides within the city. Such right-of-way use fee shall be in an amount determined by resolution of the City Council.
(C) The city shall provide a right-of-way use fee credit to any provider who, pursuant to a franchise agreement, agrees to pay franchise fees to the city. The amount of the right-of-way use fee credit shall be equal to the franchise fees paid to the city during that right-of-way use fee billing period.
(D) If the provider’s sole use of the public right-of-way is to place wireless facilities above the ground on existing poles or similar structures in the public right-of-way and the operator does not install or use lines, wires or cables, a provider is not required to pay a right-of-way use fee or a franchise fee under this section, as long as it complies with all other applicable requirements of this chapter and all other applicable city codes, regulations and rules. Nothing in division (C) above limits the city’s authority to charge reasonable rental or pole attachment rates for the private use of city property.
(E) Unless otherwise specified in an unexpired franchise agreement, the franchise fees required by this section shall be paid within 30 days after the end of each calendar quarter. Each payment shall be accompanied by an accounting of gross revenues and a calculation of the amount payable. The franchisee shall pay interest at the rate of 9% per year for any payment made after the due date.
(F) The franchise fee or right-of-way use fee required in this section remains subject to all applicable limitations imposed by federal or state statutes.
(Ord. 1326, passed 4-3-2017)