4.20.111.11.1. This section is applicable to any licensed but unfranchised cable service provider, and to any cable service provider who has had its franchise ruled unconstitutional, unenforceable, or invalid. This section also is applicable to a franchised cable service provider who has had its franchise fees ruled unconstitutional, unenforceable, or invalid.
4.20.111.11.2. Where not specifically prohibited by federal or state law, and as an alternative to the imposition of a franchise fee as set forth in the ordinance codified in this title, the franchising authority may impose, extract and collect a charge from an affected cable service provider for the use by such provider of the streets, rights-of-way, easements, and right ways of the city.
4.20.111.11.3. Such an alternative user charge shall be based on the value of the rights-of-way being used by the affected cable service provider as determined by the city. However, in no event, shall the alternative user charge exceed five percent, or the maximum permitted by law, of the affected cable service provider's gross revenue for the reporting period.
4.20.111.11.4. An alternative user charge is adopted in order to receive fair compensation for the affected cable service provider's use of the public streets and public ways if such compensation cannot be obtained by imposing a flat percentage fee on such cable service provider's annual gross revenue. However, an affected cable service provider may agree to an alternative charge that is based on a flat percentage of gross revenue, as long as that charge does not exceed five percent, or the maximum permitted by law, of an affected cable service provider's annual gross revenue.
4.20.111.11.6. An affected cable service provider shall at no time be charged or obligated to pay an alternative user charge that exceeds five percent, or the maximum permitted by law, of such provider's gross revenue (as defined by the ordinance codified in this title) for any particular reporting period. In the event that the alternative user charge does exceed five percent, or the maximum permitted by law, of gross revenue, then such alternative user charge shall be reduced to reflect an amount not greater than the five percent, or other legal cap. (Ord. 205 § 3, 2001)