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license, file with the City a report under oath describing the extent of operations and/or
<br />preparatory measures thereto since issuance of the license. On each anniversary of
<br />the effective date of the license, the licensee shall file with the City a report under oath
<br />describing the extent of operations under the license, If any such annual report shows
<br />no revenue.producing services or no active offering of revenue.producing services, the
<br />City may issue the licensee an order to show cause why such license should not be
<br />deemed abandoned,
<br />
<br /> 2, Removal of Facilities, Each licensee that ceases to operate any
<br />communications facility in a public way shall, upon written request of the City within two
<br />years of the cessation of operation of such communications facility, promptly remove
<br />the same, Should the licensee neglect, refuse, or fail to remove the facility, the City
<br />may either take possession of some or all of the licensee's facilities in the public way, or
<br />remove the facility at the expense of the licensee or the licensee's bonding company,
<br />and restore the public way to its proper condition, The obligation to remove shall
<br />survive the termination of the licens'e for a period of two years, and the licensee shall be
<br />bonded therefor,
<br />
<br /> 3, Remedies Cumulative, All remedies under Sections 3,400 to 3,430 of
<br />the Eugene Code, 197t, these rules,'and any license agreement are cumulative unless '
<br />otherwise expressly stated, The exercise of one remedy shall not foreclose use of
<br />another, nor shall the exercise of a remedy or the payment of liquidated damages or
<br />penalties relieve a licensee of its obligations to comply with its license, Remedies may
<br />be used singly or in combination; in addition, the City may exercise any rights it has at
<br />law or equity, Recovery by the City of any amounts under insurance, the performance
<br />bond, the security fund or letter of credit, or otherwise does not limit a communications
<br />facility operator's duty to indemnify the City in any way; nor shall such recovery relieve a
<br />licensee of its obligations under a license, limit the amounts owed to the City, or in any
<br />respect prevent the City from exercising any other right or remedy it may have, Nothing
<br />herein, however, shall be read to authorize the double-recovery of damages,
<br />
<br /> R.3,400.J Fees,
<br /> ,,,
<br />
<br /> 1, Annual Registration Fee, Pursuant to Section 3,415(1) of the Eugene
<br /> Code, 1971, every person required to register under Section 3,405 of the Eugene Code,
<br /> t971 and these Rules, shall pay to the City an annual registration fee in the amount of
<br /> 2% of its gross revenues derived from telecommunications activities at service
<br /> addresses within the City, The first annual registration fee shall also include an
<br /> additional charge in an amount established by the City Manager pursuant to Section
<br /> 2,020 of the Eugene Code, 1971, calculated to recover all of the City's costs incurred in
<br /> processing the registration, as well as a prorata share of the City's costs in preparation
<br /> of the City's telecommunications plan, telecommunications ordinances, and
<br /> implementing rules,
<br />
<br /> Administrative Order- Page 10
<br /> C:l)ocumentsand SettingsXcedppcb~ocal Settings/Temporary lnternet Files/OLK84X05 Telecom Rules-2 ao(00113874).DOC
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