It is the purpose of this article to provide for the payment and recovery of all direct and indirect costs and expenses of the Township related to the enforcement and administration of this Part 2. Fees in this article shall be established upon the adoption of this Part 2 and may be revised by resolution of the Board of Commissioners.
[Amended 8-11-2022 by Ord. No. 2195]
A. 
Registration fee. Each application for registration as a telecommunications carrier or provider shall be accompanied by a fee of $100 annually.
B. 
License fee. Each application for a license pursuant to Article IV or V of this Part 2, except for those applicants seeking a franchise solely for the deployment of small wireless communications facilities, shall pay an application fee of $500, or 2% of the estimated cost of the applicant's proposed telecommunications facilities, as certified by the applicant's professional engineer; whichever is greater. Applicants for a license solely for the deployment of small wireless communications facilities shall pay application fees in accordance with the requirements of Article XXVIII of the Township Zoning Ordinance and the Township fee schedule, as amended. In addition, from and after the effective date of the license agreement and throughout the full term of the license, the licensee shall pay to Abington Township, in quarterly installments, an annual fee for all facilities constructed, calculated as follows:
(1) 
For facilities requiring excavation of public right-of-way, an annual fee of $1.50 per lineal foot;
(2) 
For facilities being installed in existing conduit, without disturbing the right-of-way, an annual fee of $0.50 per lineal foot;
(3) 
For overhead facilities installed requiring new poles in public right-of-way, an annual fee of $0.75 per lineal foot;
(4) 
For overhead facilities installed on existing poles in public right-of-way, an annual fee of $0.25 per lineal foot.
(5) 
For small wireless communications facilities in the public rights-of-way, an annual fee of $270 per WCF per year.
C. 
Franchise fees. Each application for a franchise agreement pursuant to Article IV or V of this Part 2, except for those applicants seeking a franchise solely for the deployment of small wireless communications facilities, shall pay an application fee of $1,000, or 2% of the estimated cost of the applicant's proposed telecommunications facilities as certified by the applicant's professional engineer; whichever is greater. Applicants for a franchise agreement solely for the deployment of small wireless communications facilities shall pay application fees in accordance with the requirements of Article XXVIII of the Township Zoning Ordinance and the Township fee schedule, as amended. In addition, from and after the effective date of the franchise agreement, the franchisee shall pay to Abington Township, in quarterly installments, a fee for facility construction, calculated as follows:
(1) 
For facilities requiring excavation of public right-of-way, a one-time fee of $1.50 per lineal foot;
(2) 
For facilities being installed in existing conduit, without disturbing the right-of-way, a one-time fee of $0.50 per lineal foot;
(3) 
For overhead facilities installed requiring new poles in public right-of-way, a one-time fee of $0.75 per lineal foot;
(4) 
For overhead facilities installed on existing poles in public right-of-way, a one-time fee of $0.25 per lineal foot.
(5) 
An annual franchise fee equal to 5% of the gross revenue derived by the franchisee, unless the holder of the franchise is providing solely wireless communications service via wireless communications facilities.
(6) 
For small wireless communications facilities in the public rights-of-way, an annual fee of $270 per WCF per year.
D. 
Application and license fees shall be deposited with the Township as part of the application filed, pursuant to Article IV or Article V of this Part 2, and may be used in highway and right-of-way repair or revitalization.
E. 
An applicant whose license or franchise application has been withdrawn, abandoned, or denied shall, within 60 days of submission of application and review fees, submit a written request for refund of the balance of its deposit under this section, less 10% and all ascertainable costs and expenses incurred by the Township in connection with the application.
All license or franchise grantees shall, within 30 days after written demand therefor, reimburse the Township for all direct and indirect costs and expenses incurred by the Township in connection with any modification, amendment, renewal or transfer of the license or franchise or any license or franchise agreement.
The Township reserves its right to annually fix a fair and reasonable compensation to be paid annually for the property rights granted to a telecommunications license or franchise grantee. Nothing in this article shall prohibit the Township and a grantee from agreeing to the compensation to be paid for the granted property rights.
If the right is granted by lease, license, franchise, or other manner to use and occupy Township property for the installation of telecommunications facilities, the compensation to be paid shall be fixed annually by the Township. The Township, at its sole discretion, herein reserves the right to lottery the use of public property sites identified on the site location list herein, provided excess capacity is permitted by the grantee, and to lottery any radio frequency rights owned by Abington Township at the following rates:
A. 
Public property sites owned by Abington Township: $150,000.
B. 
Public property sites leased or operated by Abington Township: $100,000.
C. 
Township radio frequency: $250,000.
Prior to issuance of a construction permit, the permittee shall pay a permit fee as established in the Township permit fee schedule for constructing the telecommunications facilities, as certified by the applicant's engineer and approved by the Township Engineer.
[Amended 8-11-2022 by Ord. No. 2195]
Unless otherwise agreed in a license or franchise grant agreement, each license or franchise grantee shall pay an annual license fee to the Township equal to $1,000 as reimbursement for the Township's costs in connection with reviewing, inspecting, and supervising the use and occupancy of the public ways in behalf of the public and existing or future users. Franchisees or licensees who hold franchises solely for the deployment of small wireless communications facilities in the public rights-of-way shall be exempt from the requirements of this § 154-74.
Cable television franchisees shall be subject to the franchise fees, payments, and costs provided in Article VI of this Part 2.
The regulatory fees and costs provided for in this article, and any compensation charged and paid for the public ways provided for in §§ 154-70, 154-71, 154-72 and 154-73 of this article, are separate from, and additional to, any and all federal, state, local, and Township taxes as may be levied, imposed, or due from a telecommunications carrier or provider, its customers or subscribers, or on account of the lease, sale, delivery, or transmission of telecommunications services.
Nothing contained in this Part 2 shall prohibit Abington Township from imposing a tax on persons who sell video programming to subscribers in Abington Township by means of transmission, or who provide such subscribers with access to video programming by means of transmission, as authorized by the Video Programming Municipal Tax Authorization Act,[1] under its terms and conditions.
[1]
Editor's Note: See 72 P.S. § 6171 et seq.
The fee structure established in this Part 2 with respect to compensation for use of and disturbance of public property or rights-of-way, with sole application to telecommunications installations, shall supersede and replace any fees set forth in any other Township ordinances or resolutions.