To ensure that the city, to the extent not prohibited by state and/or federal law, is compensated for the rights granted, and receives fair market value for use of public rights-of-way over which it exercises control, or which is held in public trust, and in order that the city is compensated for expenses arising from the use of those public rights-of-way, the city shall require persons using its public rights-of-way to provide cable service, telecommunications service, open video system services, and private communications system owners to pay compensation as provided in this title.
(Ord. 1402 § 1(11.01.5.1), 2001)
Every operator of a communications system shall pay a franchise fee or license fee as required by this title except as provided in FMC 11.01.130. Every operator that is subject to the exceptions in FMC 11.01.130 and every reseller or programmer uses the rights-of-way subject to the condition that, should the exception ever be eliminated or modified, that operator or reseller or programmer shall be obligated to pay such compensation that would otherwise be required in the absence of the exception.
(Ord. 1402 § 1(11.01.5.2), 2001)
Except as otherwise expressly provided in this title, every cable operator, every operator of a telecommunications system, every operator of an open video system, and every private communications owner must:
A. 
Pay an application fee for the consideration of an application for issuance, renewal, transfer, or modification of a franchise or license in an amount that allows the city to recover its actual administrative expenses incurred in receiving, reviewing, processing, considering, denying, or approving the issuance, renewal, transfer, or modification of a franchise or license. The initial deposit of the application fee for the consideration of an application for issuance, renewal, transfer, or modification of a franchise shall be submitted with the application or for a license in the amount as set forth in the current fee schedule. The city may, as costs are incurred, draw upon the deposit to recover its administrative costs, including, but not limited to, the reasonable cost of outside consultants and legal counsel retained by the city related to the city's consideration and processing of a franchise, permit or license. The city manager, at any time, may require the applicant to deposit additional sums if it appears that the initial deposit or subsequent deposits will be exhausted prior to the final action by the city relating to the consideration by the city of an application for issuance, renewal, transfer, or modification of a franchise or license. In the event of denial of a franchise, permit or license by the city or the refusal of the applicant to accept the franchise, permit or license as approved by the city, the cost to the city for any appeal by the applicant, including, but not limited to, reasonable costs for outside consultants, attorney fees and trial expenses shall be paid by the applicant, if an appeal is unsuccessful. This requirement to pay the administrative costs is pursuant to the police powers of the city and as authorized by law and any obligation to pay such costs, including attorney fees, shall not be construed to arise by contract or to be incurred to enforce the provisions of a contract. The applicant will not be entitled to further consideration by the city of its requested action until such time as the additional deposit required by the city manager has been deposited with the city. In the event the amount of the deposit of an applicant is in excess of the amount of the administrative expenses of the city related to the action requested, then the applicant shall be entitled to a return of any such excess amount.
The current fee schedule relating to this section of the Fife Municipal Code is available at Fife City Hall and at the city of Fife's website: www.cityoffife.org.
B. 
Pay all other fees or payments required under this title or other applicable laws, ordinances or regulations.
C. 
In the event the city determines by resolution or ordinance that an impact assessment shall be assessable, pay such impact assessment to reflect, as far as permissible under applicable law, the damage caused or expected to be caused to the rights-of-way by the installation of the facility.
(Ord. 1402 § 1(11.01.5.3), 2001; Ord. 1777 § 1 (Exh. A), 2012; Ord. 1783 § 1 (Exh. A), 2012)
Nothing in this section relieves any communications system operator of its obligation to bear costs associated with its operations, including but not limited to costs it incurs in moving facilities at the direction of the city.
(Ord. 1402 § 1(11.01.5.4), 2001)
The franchise fees required under this title need not be paid:
A. 
If state law requires otherwise, or during any transition period as described in Article VII of this chapter for a current franchise holder. This exception shall be read narrowly; an operator that is engaged in one line of business that is subject to this exception shall not be excused from paying the franchise fee for its other lines of business. In cases subject to this exception, the highest permissible fee shall be paid.
B. 
In the case of a cable system, a telecommunications system, or an open video system that is not subject to an exception under FMC 11.01.060 or subsection A of this section, and is not designed to provide service in the city, and that does not provide service in the city, or where a particular facility is licensed pursuant to FMC 11.01.060, the city may establish a fee in lieu of the fees in the franchise specified in this title that recovers an amount at least equivalent to the market value of the property used in the city.
(Ord. 1402 § 1(11.01.5.5), 2001)
The fact that a fee is paid on one type of service provided over a communications system does not excuse an operator from its duty to pay fees on other types of services provided over that facility as required by this title. As an example, and not as a limitation of the foregoing, a cable operator that pays a franchise fee on revenues derived from the provision of cable services must pay a fee under Chapter 11.02 FMC (Special Rules Applicable to Telecommunications Facilities and Telecommunications Service Providers) to the extent that it provides telecommunications services; likewise, the operator of a telecommunications system must pay a franchise fee under Chapter 11.04 FMC to the extent it provides cable services to subscribers via a cable system.
(Ord. 1402 § 1(11.01.5.6), 2001)
A. 
Unless otherwise specified in a franchise or a license, franchise and license fees shall be paid to the city monthly, and not later than 25 days after the end of the month for which the fee or assessment is owed.
B. 
Unless a franchise or license provides otherwise, each franchise or license fee payment shall be accompanied by a statement showing the manner in which the fee was calculated. The statement shall be in a form approved by the city.
C. 
No acceptance by the city of any franchise or license fee shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of such franchise fee payment be construed as a release of any claim the city may have for additional sums payable.
D. 
The franchise or license fee payment is not a payment in lieu of any tax, fee or other assessment except as specifically provided in this title, or as required by applicable law. By way of example, and not limitation, permit fees and business license taxes are not waived and remain applicable.
E. 
Within 90 days following the end of the calendar year, each person which paid a franchise fee based upon gross revenues shall submit a statement, certified as true by the chief financial officer of such person, setting forth gross revenues of the communications system, by category, and describing what revenues were included and excluded in the fee calculation, and any adjustments made to gross revenues. If payments are late, in addition to paying any applicable penalties or damages, the person that owes the fee shall pay interest on the amount owed at the rate of one percent per month or fraction thereof compounded monthly.
F. 
Notwithstanding the foregoing, in the event that a person that is obligated to pay a fee ceases to provide service for any reason (including as a result of a transfer), such person shall make a final payment of any amounts owed to the city within 30 calendar days of the date its operations in the city cease, and shall provide a statement of gross revenues for the calendar year through the date operations ceased which statement shall contain the information and certification required by subsection E of this section.
(Ord. 1402 § 1(11.01.5.7), 2001)