Sec. 35-26. Public rights-of-way use fee for providers of telecommunications services.
(a) For purposes of this section:
"Certificated provider of telecommunication services" means a public service corporation holding a certificate issued by the State Corporation Commission to provide local exchange or interexchange telephone service.
"Public rights-of-way use fee" means a fee charged and billed monthly to the ultimate end user of each access line of a certificated provider of local exchange telephone service, the rate of which fee shall be established annually by the Virginia Department of Transportation in the manner specified in Section 56-468.1 of the Code of Virginia.
(b) The public rights-of-way use fee is hereby imposed on the ultimate end user of each access line, as defined in Section 56-468.1 (A) of the Code of the Virginia and shall be collected by each certificated provider of local exchange telephone provider service operating in the city, but not providers of commercial mobile radio services. Within two months after the end of each calendar quarter, each such certificated provider shall remit to the city’s finance department the amount of public rights-of-way use fees it has billed to end users of the provider’s services during such preceding quarter. Fee so collected by the certificated providers shall be deemed to be held in trust until remitted to the city’s finance department. Such fees shall constitute a debt of the ultimate end user until paid to such provider. If any ultimate end user refuses to pay the public rights-of-way use fee, the local exchange service provider shall furnish the name and address of each such ultimate end user on a quarterly basis along with the remittance of fees.
(c) The public rights-of-way fee shall be in lieu of, and not in addition to, the permit inspection and other fees imposed by the city code on certificated providers of telecommunications services. No certificated provider of telecommunication services shall be required to pay such permit or inspection fees or any other city fees or charges (except for zoning, subdivision, site plan and comprehensive plan fees of general application) as a condition of, or as compensation for, its use of the public rights-of-way.
(d) Nothing in this section, however, shall relieve any certificated provider of telecommunication services from submitting plans, applying for permits and adhering to applicable standards for construction, installation of facilities and street or roadway repairs in the manner required by the city code and all other applicable statutes, ordinances or regulations, provided such requirements are no greater than those imposed on all other providers of telecommunications or nonpublic providers of telecommunications or nonpublic providers of cable television, electric, natural gas, water or sanitary sewer services. Any application by a certificated provider of telecommunication services to use city rights-of-way shall be granted or denied by the city manager within forty-five (45) days after receipt, and, if denied, shall be accompanied by a written explanation of the reasons for denial and the actions required to cure the denial.
(e) Nothing in this section shall affect the type or amount of fees payable by providers of cable television services pursuant to any existing or future franchise, license or permit granted by the city.
(f) Nothing in this section shall affect any amount payable by any provider of telecommunications services for the right to locate towers or other facilities on property of the city other than within the public rights-of-way nor shall anything prohibit the city from entering into voluntary pole attachment, conduit occupancy or conduit construction agreements with any certificated provider of telecommunications service.
(g) The city shall annually expend at least ten percent (10%) of the amount of the public rights-of-way use fees it receives under this section for transportation construction or maintenance purposes. (Ord. No. O-98-151, 6-23-98, eff. 10-1-98)
Last updated date: 10/23/2006 4:15:21 PM