City of Rochester, NY Fees and Compensation

Registration fee. All applicants shall pay a nonrefundable registration fee in the amount of $1,000 to reimburse the City for the administrative costs of processing registration information and materials, including all subsequent information updates required during the term of a master license agreement. Upon expiration of any master license agreement, including extension requests, the applicant shall reregister with the City and pay a renewal fee in the amount of $500.

Right-of-way compensation. All licensees shall pay annually to the City, as compensation for use of the City's right-of-way and/or for the use of municipal facilities, the reasonably approximate costs for the maintenance, operation and management of the right-of-way related to such use, including but not limited to site inspection costs, repair and maintenance costs of municipal facilities and the right-of-way, administrative costs for retaining and managing documents and records, legal services costs for master license agreements and other related documents and issues, costs for managing, coordinating and responding to public concerns and complaints, the costs of the City's self-insurance and the value of the right-of-way and the municipal facilities, in the following annual amounts:

(1)

Underground installations.

(a)

Open trenching. In the first year, $10,000 for up to 2,500 linear feet of telecommunications facilities per contiguous site, per conduit or multiple conduits up to five inches total in diameter in the right-of-way, $1.50 per linear foot for 2,500 through 12,500 linear feet of telecommunications facilities and $0.75 per linear foot thereafter. Annually after the first year of installation, $5,000 for up to 2,500 linear feet of telecommunications facilities and $1 per linear foot for 2,500 through 12,500 linear feet of telecommunications facilities and $0.50 per linear foot thereafter;

(b)

Installation in existing facilities. Five thousand dollars for up to 2,500 linear feet of telecommunications facilities, including wire, fiber optic strands, innerduct or other facilities which do not require the installation of new conduit and are installed in existing facilities and $1 per linear foot for 2,500 through 12,500 linear feet of telecommunications facilities and $0.50 per linear foot thereafter;

(c)

Directional boring. In the first year, $500 for each site of excavation required to facilitate directional boring for placement of conduit or multiple conduits up to five inches total in diameter in the right-of-way and $1.50 per linear foot of installed facilities resulting from such directional boring for 2,500 through 12,500 linear feet of telecommunications facilities and $0.75 per linear foot thereafter. Annually after the first year, $5,000 for up to 2,500 linear feet of installed telecommunications facilities and $1 per linear foot for 2,500 through 12,500 linear feet of telecommunications facilities and $0.50 per linear foot thereafter;

(2)

Aerial installations. Aerial installation of fiber or other telecommunications facilities and accessory equipment strung between poles, buildings, or other facilities, is strongly discouraged due to area weather, safety concerns, limited capacity, and aesthetic disturbances. Upon demonstrating that there is no reasonable alternative to such installation, and if such installation is approved, then $10,000 for up to 2,500 linear feet of telecommunications facilities, $1.50 per linear foot for 2,500 through 12,500 linear feet of telecommunications facilities and equipment and $0.75 per linear foot thereafter. Annually after the first year of installation, $5,000 for up to 2,500 linear feet of telecommunications facilities and $1 per linear foot for 2,500 through 12,500 linear feet of telecommunications facilities and $0.50 per linear foot thereafter.

(3)

Strand-mounted facilities. Installations of aerial fiber optic strand-mounted wireless Wi-Fi equipment as described in § 106-30 shall be subject to an annual fee of $250 per unit when installed in the right-of-way between two City-owned poles and $150 per unit when installed between any other poles. Such fees are not inclusive of any additional compensation required herein.

(4)

Pole attachments. One thousand five hundred dollars per standard City-owned pole or standard pole purchased and replaced by the licensee and dedicated to the City, and $1,000 per smart pole installed by the licensee and dedicated to the City. Any smart poles installed by the City shall be such amount as set forth in a master license agreement.

(5)

Relocated aerial installations. Existing aerial installations which are relocated to approved underground locations shall pay 50% of the underground installation compensation amounts set forth above.

Additional telecommunications facilities, including facilities not addressed or anticipated by this section, shall be subject to such compensation requirements as determined by the City Engineer, as is reasonably consistent with the forms of compensation required herein.

A prorated payment to the end of the calendar year shall be made within 30 days from the issuance of the permit. Thereafter, the annual payment shall be due and payable on January 1 of each year. Payments not received on or before the due date shall be assessed compound interest of 1% per month. Upon renewal of each five-year term of the master license agreement, all fees set forth in Subsection B above shall increase by a percentage amount equal to the percentage change in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for the Northeast Urban Region.

Licensees shall pay the actual costs, including but not limited to legal and engineering fees, of any expert consultant the City may reasonably require for review of applications submitted pursuant to this chapter.

The compensation set forth in this section shall be exclusive of, and in addition to, any other applicable fees, including but not limited to permit fees, registration costs, or other costs established by this chapter or by Chapter 104, any rental amounts for lease of City municipal facilities and all special assessments and taxes of whatever nature.

Except as otherwise required by law, neither the fees pursuant to this section nor any portion thereof shall be billed or otherwise separately charged, identified or designated on any bills or invoices to any customers or users of services or commodities furnished by the licensee.

Acceptance by the City of any payment due under this section shall not be deemed to be a waiver by the City of any breach of a master license agreement or permit condition, nor shall acceptance of any partial payments preclude the City from later establishing that a larger amount was due or from collecting any balance due the City.

At the discretion of the Administrator, the City may require in-kind or alternative payments as described in § 106-16, in lieu of the compensation payments described above, provided that such in-kind or alternative payments result in an annual amount substantially similar to the payments required by this section and that any such in-kind or alternative payments are described in the master license agreement or any amendment thereto.

Notwithstanding the foregoing, licensees may, in the City's sole discretion, provide alternative services for all or a portion of the compensation owed to the City by providing in-kind telecommunications-related services or facilities to the City, the Rochester Public Library (library), or to the Rochester City School District (district). These in-kind services or facilities may include fiber, dedicated conduit space, telecommunications services or equipment, drilling or excavation for the purpose of telecommunications facilities installation, technical support and training or other services determined by the City to be consistent with the telecommunication requirements of the City, library, or the district and in compliance with the law. These services or facilities shall be provided to the City at the licensee's cost and shall be of equal value, as much as reasonably possible, as the monetary amount of the compensation required herein.

If a licensee desires to take advantage of the alternative payment option, it must provide the City with a detailed description of the telecommunications services or facilities it proposes in lieu of monetary payment.

The licensee shall provide to the City, at its own expense, an analysis prepared by an independent entity that demonstrates that the value of in-kind services or facilities, which shall be based on the licensee's costs, is equal to or greater than the amount of compensation to be offset. The ultimate value of any in-kind services shall be determined by the administrator after reviewing such analysis. The administrator may develop rules and procedures for the implementation of this section.

The licensee may contact the City and request a conference regarding in-kind payment opportunities, if any, that the City may be willing to accept. The City will endeavor to schedule such conference within 30 days of the request.