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)