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<br />Finding: As noted in Finding B above, Subsections (1) and (2) of Section <br />3.415 of the Eugene Code, 1971 impose annual registration and licensing fees, and <br />Subsection (3) provides that a per foot fee be imposed with respect to private <br />communications systems in lieu of the fees required under Subsections (1) and (2). <br />Based on the authority of Subsection 3.415(3), the fee schedule attached to <br />Administrative Order No. 44-97-06-F issued on August 29, 1997, imposed an <br />annual license fee of $2.00/per foot for private communications systems. It is <br />therefore consistent with the provisions of Subsection (6) (authorizing the City <br />Manager to accept a proposal to provide in-kind services in lieu of all or a portion <br />of a licensee's annual registration and license fee) that the In-Kind Services <br />Program is intended to be available to private communications systems. The <br />proposed Telecommunication In-Kind Services in Lieu of Annual License and <br />Registration Fees Program hereinafter set forth has been revised to clarify that <br />intent. <br /> <br />Based on the above findings, I hereby adopt the following: <br /> <br />TELECOMMUNICATION IN-KIND SERVICES <br />IN LIEU OF ANNUAL LICENSE AND REGISTRATION FEES PROGRAM <br /> <br />1. Purpose and Intent. Adoption of this program is intended to insure that <br />proposals for in-kind services are submitted, processed, and determinations made thereon <br />in a fair and equitable manner. The in-kind services are authorized by the Council, and <br />proposals may be submitted at the option of registrantsllicensees. <br /> <br />2. Priority. Until budget and contractual experience is gained in this program, <br />priority shall be given to proposals for provision of in-kind services related to <br />services/equipment (program administration and the Community Telecommunications <br />Projects list) in lieu of the 2%) registration fee. Providers may, however, forward proposals <br />relating to the provision of in-kind services in lieu of the 70/0 right-of-way use license fee <br />and private communications systems annual license fee. The City Manager may also <br />consider in-kind proposals for services and equipment relating to the City Council's <br />goals/strategies as specified in the City's annual call for proposals. <br /> <br />3. Call for Proposals. <br /> <br />3.1 The City's Franchise Man\ager shall issue an annual "call for <br />proposals" to registered telecommunications providers who are in compliance with <br />the City's telecommunications regulations as of the call date. The "call" shall make <br />it clear that the program is optional and that no provider is required to submit a <br />proposal. <br /> <br />3.2 The "call" will include a City-desired list of services and equipment <br />relating to expenses that the 2%) registration fee supports and to specified City <br /> <br />Administrative Order - 2 <br /> <br />11/12/98 <br />r:\adminord\rules \inkind2ao. wpd <br />