[Ord. 454, 10-20-1997]
As used in this chapter, the following terms shall have the
following meanings:
GROSS CHARGES
The amount paid to a telecommunications retailer for the
act or privilege of originating or receiving telecommunications within
the City, and for all services rendered in connection therewith, valued
in money whether paid in money or otherwise, including cash, credits,
services, and property of every kind or nature, and shall be determined
without any deduction on account of the cost of such telecommunications,
the cost of the materials used, labor or service costs, or any other
expense whatsoever. In case credit is extended, the amount thereof
shall be included only as and when paid. "Gross charges" for private
line service shall include charges imposed at each channel point within
the City, charges for the channel mileage between each channel point
within the City, and charges for that portion of the interstate interoffice
channel provided within the City. However, "gross charges" shall not
include:
(A)
Any amounts added to a purchaser's bill because of a charge made under: 1) the fee imposed by this section; 2) additional charges added to a purchaser's bill under Section 9-221 or 9-222 of the public utilities act; 3) amounts collected under Section
8-11-17 of the Illinois municipal code; 4) the tax imposed by the telecommunications excise tax act; 5) 911 surcharges; or 6) the tax imposed by Section 4251 of the internal revenue code;
(B)
Charges for a sent collect telecommunication received outside
the City;
(C)
Charges for leased time on equipment or charges for the storage
of data or information or subsequent retrieval or the processing of
data or information intended to change its form or content. Such equipment
includes, but is not limited to, the use of calculators, computers,
data processing equipment, tabulating equipment, or accounting equipment
and also includes the usage of computers under a time sharing agreement;
(D)
Charges for customer equipment, including such equipment that
is leased or rented by the customer from any source, wherein such
charges are disaggregated and separately identified from other charges;
(E)
Charges to business enterprises certified under Section 9-222.1
of the public utilities act to the extent of such exemption and during
the period of time specified by the City;
(F)
Charges for telecommunications and all services and equipment
provided in connection therewith between a parent corporation and
its wholly owned subsidiaries or between wholly owned subsidiaries,
and only to the extent that the charges between the parent corporation
and wholly owned subsidiaries or between wholly owned subsidiaries
represent expense allocation between the corporations and not the
generation of profit other than a regulatory required profit for the
corporation rendering such services;
(G)
Bad debts ("bad debt" means any portion of a debt that is related
to a sale at retail for which gross charges are not otherwise deductible
or excludable that has become worthless or uncollectible, as determined
under applicable federal income tax standards; if the portion of the
debt deemed to be bad is subsequently paid, the retailer shall report
and pay the tax on that portion during the reporting period in which
the payment is made);
(H)
Charges paid by inserting coins in coin operated telecommunications
devices; or
(I)
Charges for telecommunications and all services and equipment
provided to the City.
PUBLIC RIGHT OF WAY
Any municipal street, alley, water or public right of way
dedicated or commonly used for utility purposes, including utility
easements wherein the City has acquired the right and authority to
locate or permit the location of utilities consistent with telecommunications
facilities. "Public right of way" shall not include any real or personal
City property that is not specifically described in the previous sentence
and shall not include City buildings and other structures or improvements,
regardless of whether they are situated in the public right of way.
RETAILER MAINTAINING A PLACE OF BUSINESS IN THIS STATE (or any
like term)
Includes any retailer having or maintaining within the state
of Illinois, directly or by a subsidiary, an office, distribution
facilities, transmission facilities, sales office, warehouse, or other
place of business, or any agent or other representative operating
within this state under the authority of the retailer or its subsidiary,
irrespective of whether such place of business or agent or other representative
is located here permanently or temporarily, or whether such retailer
or subsidiary is licensed to do business in this state.
SALE OF TELECOMMUNICATIONS AT RETAIL
The transmitting, supplying, or furnishing of telecommunications
and all services rendered in connection therewith for a consideration,
other than between a parent corporation and its wholly owned subsidiaries
or between wholly owned subsidiaries, when the gross charge made by
one such corporation to another such corporation is not greater than
the gross charge paid to the retailer for their use or consumption
and not for sale.
SERVICE ADDRESS
The location of telecommunications equipment from which telecommunications
services are originated or at which telecommunications services are
received. If this is not a defined location, as in the case of wireless
telecommunications, paging systems, maritime systems, air to ground
systems, and the like, "service address" shall mean the location of
the customer's primary use of the telecommunications equipment
as defined by the location in Illinois where bills are sent.
TELECOMMUNICATIONS
Includes, but is not limited to, messages or information
transmitted through use of local, toll, and wide area telephone service,
channel services, telegraph services, teletypewriter service, computer
exchange services, private line services, specialized mobile radio
services, or any other transmission of messages or information by
electronic or similar means, between or among points by wire, cable,
fiber optics, laser, microwave, radio, satellite, or similar facilities.
Unless the context clearly requires otherwise, "telecommunications"
shall also include "wireless telecommunications" as defined in this
section. "Telecommunications" shall not include value added services
in which computer processing applications are used to act on the form,
content, code, and protocol of the information for purposes other
than transmission. "Telecommunications" shall not include purchase
of telecommunications by a telecommunications service provider for
use as a component part of the service provided by him or her to the
ultimate retail consumer who originates or terminates the end to end
communications. Retailer access charges, right of access charges,
charges for use of intercompany facilities, and all telecommunications
resold in the subsequent provision and used as a component of, or
integrated into, end to end telecommunications service shall not be
included in gross charges as sales for resale. "Telecommunications"
shall not include the provision of cable services through a cable
system as defined in the cable communications act of 1984 (47 USC
Section 521 and following) as now or hereafter amended or cable or
other programming services subject to an open video system fee payable
to the City through an open video system as defined in the rules of
the federal communications commission (47 CDF 76.1550 and following)
as now or hereafter amended.
TELECOMMUNICATIONS PROVIDER
(A)
Any telecommunications retailer; and
(B)
Any person that is not a telecommunications retailer that installs,
owns, operates or controls equipment in the public right of way that
is used or designed to be used to transmit telecommunications in any
form.
TELECOMMUNICATIONS RETAILER or RETAILER or CARRIER
Includes every person engaged in the business of making sales
of telecommunications at retail as defined in this section. The City
may, in its discretion, upon application, authorize the collection
of the fee hereby imposed by any retailer not maintaining a place
of business within this state, who, to the satisfaction of the City,
furnishes adequate security to ensure collection and payment of the
fee. When so authorized, it shall be the duty of such retailer to
pay the fee upon all of the gross charges for telecommunications in
the same manner and subject to the same requirements as a retailer
maintaining a place of business within the City.
WIRELESS TELECOMMUNICATIONS
Includes cellular mobile telephone services, personal wireless
services as defined in Section 704(C) of the telecommunications act
of 1996 (public law no. 104-104), 42 USC Section 332(c)(7), as now
or hereafter amended, including all commercial mobile radio services,
and paging services.
[Ord. 454, 10-20-1997; amended Ord. 615, 8-15-2005, eff. 1-1-2006]
(A) A City telecommunications infrastructure maintenance fee is hereby
imposed upon all telecommunications retailers in the amount of 6%
of all gross charges charged by the telecommunications retailer to
service addresses within the City for telecommunications originating
or received in the City.
(B) Upon the effective date of the infrastructure maintenance fee authorized
in this section, the City infrastructure maintenance fee authorized
hereunder shall be the only fee or compensation for the use of all
public rights of way within the City by telecommunications retailers.
Imposition of the infrastructure maintenance fee provided under this
chapter does not, however, serve as a limitation on the levying of
any taxes or imposition of any fees otherwise authorized by law.
(C) The City telecommunications infrastructure maintenance fee authorized by this section shall be collected, enforced, and administered as set forth in Section
3-16-4 of this chapter.
[Ord. 454, 10-20-1997]
Nothing in this chapter shall excuse any person or entity from
obligations imposed under any law, including, but not limited to:
(A) Generally applicable taxes; and
(B) Standards for construction on, over, under, or within, use of or
repair of the public rights of way, including standards relating to
freestanding towers and other structures upon the public rights of
way, as provided; and
(C) Any liability imposed for the failure to comply with such generally
applicable taxes or standards governing construction on, over, under,
or within, use of or repair of the public rights of way; and
(D) Compliance with any ordinance or provision of this Code concerning
uses or structures not located on, over, or within the right of way.
[Ord. 454, 10-20-1997]
Any franchise, license, or similar agreements between telecommunications
retailers and the City entered into before the effective date of this
chapter regarding the use of public rights of way shall remain valid
according to and for their stated terms except for any fees, charges
or other compensation to the extent waived.
[Ord. 454, 10-20-1997]
Any telecommunications provider who violates, disobeys, omits,
neglects or refuses to comply with any of the provisions of this chapter
shall be subject to fine in accordance with the general penalty provisions
of this Code.
[Ord. 454, 10-20-1997]
Nothing in this chapter shall be construed as limiting any additional
or further remedies that the City may have for enforcement of this
chapter.
[Ord. 454, 10-20-1997]
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
[Ord. 454, 10-20-1997]
This chapter supersedes all previously enacted ordinances or
parts of ordinances adopted prior hereto which are in conflict herewith,
to the extent of such conflict.