[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.