132.12(A) Compensation required. A
that places or maintains
shall be required to pay compensation to the as required by applicable and ordinances of the .
132.12(B)
not providing local services. A
that places or maintains
, other than a
that provides local services, as defined in F.S. § 202.11(2), within the , shall pay to the the fees required to be paid by providers of toll service within the .
132.12(C) Fees. A
, that makes physical
of the
and who is not providing
as defined in F.S. § 202.11(2), or a
that makes physical
of the
and who is not serving a
customer at retail within the jurisdictional limits of the at the time the
begins to make physical
of the , shall pay to the annually in an amount set forth by resolution. The fee or other consideration imposed pursuant to this subsection shall not apply in any manner to any communications company which provides
as defined in F.S. § 202.11(2), for any services provided by such communications company. Notwithstanding anything herein to the contrary, the shall at all times hereby require the maximum compensation allowed under applicable .
132.12(D) Except to the extent prohibited by applicable
:
132.12(D)(1) The fee payments to be made pursuant to this Section shall not be deemed to be in the nature of a tax;
132.12(D)(2) Such fee payments shall be in addition to any and all taxes of a general applicability;
132.12(D)(3) A
shall not have or make any claim for any deduction or other credit of all or any part of the amount of said fee payments from or against any of said
taxes or other fees or charges of general applicability which
is required to pay to the
, except as required by
; and
132.12(E) The fee specified herein is the minimum consideration for use of the
, including all public easements, for the purpose of installing and maintaining a
.
(Ord. 2010-23, passed 10-4-2010)