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(A) The City shall not levy a tax, rent, fee or charge on a telecommunications corporation for the use of the streets and public ways to provide telecommunications services, or levy a tax, fee or charge upon the privilege of engaging in the business of providing telecommunications services, except that, in connection with its provisions of telecommunications services and its use of the streets and public ways to provide the same, each telecommunications corporation shall:

(1) Pay a transaction privilege tax on the business of providing intrastate telecommunications services or applicable use tax, as may be specified from time to time in the City code;

(2) Pay an annual fee based on the number of linear feet of trench in the streets and public ways in which facilities placed carry interstate traffic between and among the telecommunications corporation’s interstate points of presence exclusive of facilities used by the local network and the portion of the interstate network that carries intrastate calls. The rate per linear foot shall not be increased in any calendar year by more than the increase in the average Consumer Price Index as published by the U.S. Department of Labor, Bureau of Labor Statistics. For the calendar year 2003, the rate per linear foot shall be $2.80;

(3) Pay street and public ways permit fees established from time to time by the City, including but not limited to, construction, street cut fees and barricading fees;

(4) Pay all costs associated with the construction, installation, maintenance and operation of its facilities in the street and public ways used to provide telecommunications services, including reasonable costs associated with damage caused to the public highways by the licensee;

(5) Pay an initial license or renewal license application processing fee of $2,500, as amended from time to time, by ordinance, to cover the cost of reviewing and processing the application;

(6) Pay the inspection fee to cover the cost of inspection of the construction, work or installation to insure it meets all city requirements; and

(7) Pay any and all additional reasonable costs for damage, including but not limited to, loss of utility, reduced life, and other proportionate and attributable costs and damages caused to the streets and public ways by the licensee, the licensee’s facilities, or the licensee’s use of the streets and public ways.

(B) The City Manager is authorized to review the costs associated with construction, maintenance and operation of facilities in the streets and public ways to provide telecommunications services and to establish any fee required to recover those costs. Nothing in this section is intended to limit the obligation of any person to pay amounts owed under any license. Provided that, for licenses issued after the effective date of this chapter, payments required under the license for the provision of telecommunications services shall comply with the provisions of applicable state and federal laws. (Ord. 03-842, passed 5-12-2003)