It is the purpose of this part 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 division.
(Ordinance 249F, art. 4, sec. 1, adopted 12/4/00)
(a) 
To compensate the city for the use and occupancy of the public rights-of-way, each non-certificated 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 division 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) 
Certificated 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 249F, art. 4, sec. 2, adopted 12/4/00)
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 a 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 certificated telecommunications provider does not remit a right-of-way fee to the city upon receipt of adequate proof that another certificated telecommunications provider is remitting such fees to the city because such access lines have been resold, leased or otherwise provided to said secondary certificated telecommunications provider, the underlying certificated telecommunications provider shall notify the city of the receipt of “adequate proof” and identify the secondary certificated telecommunications provider that is responsible for paying the right-of-way fee.
(Ordinance 249F, art. 4, sec. 5, adopted 12/4/00)
Non-certificated telecommunications providers shall remit the compensation required under section 4.03.122 of this division on a quarterly basis. Each quarterly payment shall be due on the forty-fifth (45) day following the close of each calendar quarter for which the payment is calculated. Certificated telecommunications providers shall remit right-of-way usage fees as required by state law.
(Ordinance 249F, art. 4, sec. 6, adopted 12/4/00)
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 4.03.122 of this division or the requirements of chapter 283, Local Government Code.
(Ordinance 249F, art. 4, sec. 7, adopted 12/4/00)
(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 part IV of 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 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 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) 
Certificated telecommunications providers shall comply with the reporting requirements of chapter 283, Local Government Code.
(Ordinance 249F, art. 4, sec. 8, adopted 12/4/00)