The municipality finds that public rights-of-way of the municipality
and state to be used by a franchisee for the operation of a cable system are
valuable public property acquired and maintained by the state and municipality
at great expense to the taxpayers. The municipality further finds that the
grant of a franchise to use public rights-of-way is a valuable property right.
A.
Subject to federal law or regulation, payment of a franchise
fee shall not be considered in the nature of a tax or in lieu of other taxes
or fees imposed by the municipality.
B.
The franchise fee shall be in addition to all other taxes
and payments that a franchisee may be required to pay under its franchise
agreement, any federal, state or local law, including any applicable amusement
taxes, except to the extent that such fees, taxes or assessments must be treated
as a franchise fee under 47 U.S.C. § 522.
No acceptance of any payment by the municipality shall be construed
as a release or an accord and satisfaction of any claim the municipality may
have for further or additional sums payable as a franchise fee under a franchise
agreement or for the performance of any other obligation of a franchisee.
