Admin Order 44-05-01-F - Laserfiche WebLink

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2, Annual License Fee. In addition to the registration fees, licensees shall pay to the City an annual license fee in the amount of 7% of the licensee's gross revenues derived from telecommunications activities at service addresses within the City, to compensate the City for the use of the right-of-way. In the event the fee required hereunder exceeds the amount of compensation the City may require from a licensee under federal or state law or an existing franchise agreement, then the annual license fee for that licensee shall be established at the maximum amount permitted under the applicable federal or state law or franchise agreement, until such time as the laws are changed or the franchise agreement expires or is otherwise terminated. 3, Private Communications System, In lieu of the annual registration fee and'a.nnual license fee, a private communications system licensee shall pay to the City a fee based on a per foot rate as established by the City Manager in an amount not less than required to ensure no degradation of the right-of-way, 4, Reseller, In calculating the amount of annual registration and annual license fees to be paid by a reseller, the amount of compensation paid by the reseller to the owner or manager of facilities in the right-of-way for the services it resells shall be deducted from the reseller's gross revenues before applying the percentage rates set forth in sections I and 2 above. 5, Other Fees, The fees required to be paid herein are in addition to any application processing fees or other fees required by Chapters 3, 7, 8 or 9 of the Eugene Code, 1971, or administrative rules issued thereunder. 6, Setoff, A registrant or licensee who provides proof that.another local government jurisdiction has imposed a fee or tax on gross revenue from a specific telecommunications activity that is also subject to a registration or license fee under Section 3.415 of the Eugene Code, 1971 and this rule, and that the registrant or licensee has paid such fee or tax to the other local government jurisdiction, may claim a setoff against the fees due under Section 3.415 for the amount paid to the other jurisdiction. The setoff shall be allowed unless the City Manager finds that the telecommunications activity that generated the revenue subjected to the fee or tax by the other local government jurisdiction had a greater presence in or connection to the City of Eugene than it had in or to the other jurisdiction. 7, In Lieu of Fee Payment, An operator desiring to provide in-kind services to the City in lieu of all or a portion of its registration and license fees shall provide to the City, at its own expense, an analysis prepared by an independent entity that demonstrates that the value of the in-kind service is equal to or greater than the amount of the fees to be waived. If the City Manager agrees to accept the in-kind proposal, the City Council shall be given written notice of the proposed arrangement and provided not less than 20 days within which to submit their written objections thereto. If any two Councilors submit written objections within the 20 day period, the City Manager shall not agree to the proposal unless it is subsequently approved by a vote of the City Council. If an in-kind service proposal is accepted, the registration and/or license shall reflect the Administrative Order- Page 11 C:~Documenlsand Settings/cedppcb~ocal Settings/Temporary Intel'net Files/OCr84/05 Telecom Rules. 2 ao (00113874),D0C