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 non-certificated 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.
(Ordinance 139, art. 4, sec. 1,
adopted 10/16/00)
(a) To
compensate the city for the use and occupancy of the public rights-of-way,
each non-certified telecommunications provider shall pay the city
during the life of the grantee’s franchise a monthly municipal
telecommunications line fee for each access line and private line
termination point owned by the 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:
(1) Category 1 access lines shall be the same as is defined and allocated
by the commission for the city for certificated telecommunications
providers;
(2) Category 2 access lines shall be the same as is defined and allocated
by the commission for the city 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 for certificated telecommunications
providers.
(b) Following
the initial determination of fee amounts by the commission, if the
commission modifies the rates paid by certificated telecommunications
providers or if such rates are amended by operation of the consumer
price index, then the rates charged by this article to non-certificated
telecommunication providers shall be automatically amended to reflect
the rates set by the commission. Such amendments shall be effective
at the same time and in the same manner as rates established by the
commission. The city shall notify non-certificated providers in writing
of the rate change upon receipt of notification from the commission.
Failure of the city to send such notice shall not affect the validity
of the increase or decrease as established by the commission.
(c) 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.
(d) Existing
franchises of non-certificated 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.
(Ordinance 139, art. 4, sec. 2,
adopted 10/16/00)
Each non-certificated 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 the grantee regardless of whether the 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 the 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.
(Ordinance 139, art. 4, sec. 5,
adopted 10/16/00)
Non-certificated telecommunications providers shall remit the compensation required under section
4.03.112 of this division on a quarterly basis. Each quarterly payment shall be due on the forty-fifth (45th) 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.
(Ordinance 139, art. 4, sec. 6,
adopted 10/16/00)
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
4.03.112 of this division or the requirements of chapter 283, Local Government Code.
(Ordinance 139, art. 4, sec. 7,
adopted 10/16/00)
(a) Non-certificated
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 telecommunication
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 this division. 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 secretary, 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 the 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.
(Ordinance 139, art. 4, sec. 8,
adopted 10/16/00)