It is the purpose of this division to provide for reasonable and adequate compensation to the city for the use and occupancy of city property and public rights-of-way for the provisioning of telecommunications services by noncertificated telecommunications providers, and to further provide for the payment and recovery of all direct and indirect costs and expenses of the city related to the enforcement and administration of this article.
(1983 Code, sec. 26.5-91; Ordinance 10222, art. 4, sec. 1, adopted 12/9/1999)
(a) 
To compensate the city for the use and occupancy of the public rights-of-way, each noncertified telecommunications provider shall pay the city during the life of grantee’s franchise a monthly municipal telecommunications line fee for each access line and private line termination point owned by grantee, calculated at month-end, that is activated for use by an end-use customer. The monthly municipal telecommunications line fee shall be fixed in the following amounts following approval of access line fee amounts and allocations by the commission for the City of Lubbock:
(1) 
Category 1 access lines shall be the same as is defined and allocated by the commission for the City of Lubbock for certificated telecommunications providers;
(2) 
Category 2 access lines shall be the same as is defined and allocated by the commission for the City of Lubbock for certificated telecommunications providers; and
(3) 
Category 3 access lines shall be the same as is defined and allocated by the commission for the City of Lubbock for certificated telecommunications providers.
(b) 
Beginning twenty-four (24) months after the date the commission establishes its rates per access line for Lubbock, the rate shall be annually adjusted by an amount equal to one-half the annual change, if any, in the consumer price index.
(c) 
In the event the grantee’s monthly municipal telecommunications line fee generates annual revenue for the city that is less than thirty-eight cents ($0.38) per linear foot of right-of-way used by grantee, which amount is the linear foot equivalent of the amount paid by access line fees by the largest certificated telecommunications provider in the city for the year 1998, grantee shall make a payment to the city before the last day of the calendar year equal to the difference between the total monthly municipal telecommunications line fee paid by grantee that year and thirty-eight cents ($0.38) per linear foot of right-of-way used by grantee. Any adjustments to the access line fee for the City of Lubbock approved by the commission shall be used to adjust the linear foot charge as may be required.
(d) 
Certified telecommunications providers shall pay municipal fees or right-of-way fees as required by chapter 283, Local Government Code, and approved by the commission.
(e) 
Existing franchises of noncertificated telecommunications providers and franchises of certificated telecommunications providers not revoked by the holders thereof as permitted by chapter 283, Local Government Code, shall continue to pay such amounts as have been heretofore specified in such franchises.
(1983 Code, sec. 26.5-92; Ordinance 10222, art. 4, sec. 2, adopted 12/9/1999)
Each noncertificated telecommunications provider shall be responsible for payment to the city of the municipal telecommunications line fee on each activated access line and private line termination point owned by grantee regardless of whether grantee is the entity providing telecommunication services to the end user over those facilities. Where a telecommunications provider is providing telecommunications services to an end user utilizing access lines owned by grantee, it shall be the grantee’s responsibility to properly track and account for the classification of those access lines. Certificated telecommunications providers shall be required to remit the proper municipal fee required by chapter 283, Local Government Code, as required by law. In the event that a certified telecommunications provider does not remit a right-of-way fee to the city upon receipt of adequate proof that another certified telecommunications provider is remitting such fees to the city because such access lines have been resold, leased or otherwise provided to said secondary certified telecommunications provider, the underlying certified telecommunications provider shall notify the city of the receipt of “adequate proof” and identify the secondary certified telecommunications provider that is responsible for paying the right-of-way fee.
(1983 Code, sec. 26.5-93; Ordinance 10222, art. 4, sec. 5, adopted 12/9/1999)
Noncertificated telecommunications providers shall remit the compensation required under section 8.13.112 of this division on a quarterly basis. Each quarterly payment shall be due on the forty-fifth day following the close of each calendar quarter for which the payment is calculated. Certified telecommunications providers shall remit right-of-way usage fees as required by state law.
(1983 Code, sec. 26.5-94; Ordinance 10222, art. 4, sec. 6, adopted 12/9/1999)
The compensation to be paid the city for the use and occupancy of city property for the installation of telecommunications facilities, as well as the method and manner of payment thereof, shall be fixed by the city on a case-by-case, site-specific and nondiscriminatory and competitively neutral basis. Such compensation shall be separate than, and in addition to, the compensation to be paid for use of the public rights-of-way under section 8.13.112 of this division or the requirements of chapter 283, Local Government Code.
(1983 Code, sec. 26.5-95; Ordinance 10222, art. 4, sec. 7, adopted 12/9/1999)
(a) 
Noncertificated telecommunications providers shall keep complete and accurate books of accounts and records of their business and operations which pertain to any telecommunications services made the subject of any telecommunications franchise granted hereunder in accordance with generally accepted accounting principles. If required by the FCC, grantees shall use the system of accounts and forms of accounts, records and memoranda prescribed by the FCC in 47 CFR part 32 or its successor and as may be further described herein. The city may require the keeping of additional records or accounts which are reasonably necessary for purposes of identifying, accounting for, and reporting compensation due the city under division 4 of this article. In order to document the aggregate municipal telecommunications line fee revenues due the city each quarter from grantees, each grantee shall file with the city manager, at the time each quarterly payment is made, a sworn report to be prescribed and acceptable to the city in sufficient detail to itemize, by month, the number and proper classification of grantee’s active access lines and private line termination points within the city. The city may, if it sees fit, have the books and records of grantees examined by a city representative to ascertain the correctness of the reports agreed to be filed herein; provided, however, that any city audit shall be limited to verification of such reports for a period not to exceed two years prior to the date of commencement of the audit.
(b) 
Certified telecommunications providers shall comply with the reporting requirements of chapter 283, Local Government Code.
(1983 Code, sec. 26.5-96; Ordinance 10222, art. 4, sec. 8, adopted 12/9/1999)