[Ord. No. 2374 §1, 2-17-2004]
Except as otherwise provided by law, it shall be unlawful for
any person to construct, operate, own or maintain communications facilities
or to provide communications services by use of facilities in the
rights-of-way in the City without a valid, unexpired rights-of-way
use agreement from the City issued in conformance with the ROW ordinance,
unless otherwise specifically authorized under applicable Federal
or State law or otherwise provided by the ROW ordinance or for installation
of facilities of the City. Unless otherwise provided hereinafter by
City ordinance, a reseller service provider shall not be required
to obtain an agreement. It shall be unlawful for any provider or reseller
service provider not having its own franchise or agreement authorizing
such communications to transmit communications for commercial purposes
through any facility owned by a provider that does not have a valid
franchise or agreement with the City authorizing the use of such facilities.
[Ord. No. 2374 §1, 2-17-2004]
An agreement for communications service shall not provide licensee
the right to provide cable service as a cable operator (as defined
by 47 U.S.C. Section 522 (5)) within the City. Upon licensee's request
for a franchise to provide cable service as a cable operator (as defined
by 47 U.S.C. Section 522(5)) within the City, the City shall timely
negotiate such cable television services franchise in good faith with
licensee. A communications services agreement shall also not permit
licensee to operate an open video system, except where otherwise expressly
provided in the agreement or by separate agreement and licensee remits
the maximum fees permitted by 47 U.S.C. Section 573(c)(2)(B) and where
licensee otherwise complies with FCC regulations promulgated pursuant
to 47 U.S.C. Section 573. Absent such applicable agreement from the
City, licensee shall be prohibited from offering OVS service and any
such service shall be considered a breach of the agreement. Unless
otherwise specified, any such new agreement or amendment to an agreement
shall obligate licensee to pay a use fee of five percent (5%) on all
gross revenues directly or indirectly attributable to the provision
of OVS service within the City. The City may, at its option, negotiate
with licensee to exchange all or a part of the use fees for capacity
or facilities used for City or other public purposes. Any such exchange
shall be negotiated based on the licensee's cost of providing capacity
or facilities to the City and shall be credited towards the calculation
of applicable use fees.
[Ord. No. 2374 §1, 2-17-2004]
In order to determine the applicable regulatory scheme(s) applicable
to licensee, licensee shall, on an annual basis, provide the City
with a description of new local communications services offered within
the City during the prior one (1) year period. The first (1st) annual
report shall also provide a listing of each separate type of service
or bundled service offered during the initial annual period. Any individual
or bundled service or item for which the provider has a separate charge
shall be considered a separate service under this Section.
[Ord. No. 2374 §1, 2-17-2004]
Within thirty (30) days of the licensee carrying any communications
of any reseller service provider through communications ROW-user's
facilities, licensee shall notify the City of the name and address
of such reseller service provider, the reseller rates or tariffs to
be paid to licensee relating to such reseller and provide to City
any written commitment, if any, as to the payment of taxes or use
fees for the revenues attributable to such reseller service provider.
Thereafter, each licensee shall provide the City on at least a semi-annual
basis the identity of entities with which the ROW user has entered
into an interconnection and/or resale agreement within the State of
Missouri or those providing service within the City, if that information
is available. This notice will not relieve the reseller service provider
from its own obligation to register and obtain any necessary agreement
with the City. Nothing in this Chapter shall prevent a facility-based
service provider from providing to any reseller service provider the
use of the facility-based service provider's facilities in the right-of-way
as authorized by Federal or State law. A reseller service provider
shall pay all applicable taxes, licenses or fees of the City and may
not lawfully do business in the City or use the facilities in the
rights-of-way or capacity therein if it is in default in such obligations.
[Ord. No. 2374 §1, 2-17-2004]
A.
Prior
to providing service within the City, a reseller service provider
shall first register with the City and obtain any necessary permit,
business license, certification, grant or any other authorization
required by any appropriate governmental entity, including, but not
limited to, the City, the FCC or the PSC. Reseller service provider
registration shall include a statement under oath by the registrant
setting forth:
1.
The certification of the applicable regulatory approval necessary
to undertake such service or communications;
2.
The name of the provider(s) owning the facilities within the City
through which the communications shall be transmitted;
3.
The commencement date for providing any service within the City;
4.
The name, address (physical and electronic mail) and phone number
of a designated representative of the registrant accountable for compliance
with City regulations and taxes; and
5.
The type of services offered or expected to be offered in the following
annual period. Such registration shall, among other reasons, be available
for use by the City to determine applicability and compliance of the
registrant with applicable City taxes. The reseller service provider
shall report any changes in its registration information within thirty
(30) days.
[Ord. No. 2374 §1, 2-17-2004]
Except as otherwise may be provided by law or agreement, licensee
shall not lease, sell or otherwise transfer possession or control
of the facilities or any portion thereof, for any purpose to any person
that has not obtained a duly issued Agreement or other grant by the
City to use the rights-of-way and which includes the authority to
use or maintain such leased or transferred facilities. Licensee shall
provide the City at least thirty (30) days' prior notice of such intended
sale, lease or transfer of possession or control.
[Ord. No. 2374 §1, 2-17-2004; Ord. No. 3088, 8-21-2018]
A.
To
the extent not inconsistent with applicable law, a fee for use of
the rights-of-way for purposes other than cable television facilities
shall be imposed on a linear foot basis as may be established from
time to time by the Governing Body or such other basis as may be established
by the Governing Body in light of the type of use, circumstances and
applicable regulatory requirements, if any.
B.
As
provided in Section 67.1846, RSMo., no user shall be obligated to
pay such Use Fee if such person pays to the City gross receipts taxes,
business license fees or business license taxes that are more than
nominal and that are imposed specifically on communications-related
revenues, services or equipment.
