HomeMy WebLinkAboutAdmin Order 44-05-01-F ADMINISTRATIVE ORDER NO, 44-05.0t.F
of the
City Manager of the City of Eugene
AMENDMENT OF TELECOMMUNICATIONS ADMINISTRATIVE
RULE R.3,400.B AND REPEAL OF ADMINISTP, ATIVE ORDER NO,
44.97.05.F,
The City Manager of the City of Eugene finds that:
A, Section 2,019 of the Eugene Code, 1971, authorizes the City Manager to
adopt rules for administration and implementation of any provisions of that Code,
Section 3,400 of that Code specifically authorizes the City Manager to adopt rules
regulating telecommunication activities within the City. ,
B, In accordance with the procedures set forth therein, on April 1, 2005,
Administrative Order No. 44-05.01 was issued proposing the amendment of
Telecommunications Administrative Rule R-3.400-B to provide for the transfer of
Registrations.
C, Notice was provided to the Mayor and City Councilors, persons who had
requested notice, telecommunication providers, published on April 5, 6, 7, 8, and 9,
2005, in the Register Guard, a newspaper of general circulation within the City, and
made available for inspection by interested persons at the City's Information Services
Division, 100 W. 10th Avenue, Suite 450, Eugene, Oregon 97401, during normal
business hours (8:00 a,m. to 5:00 p.m., Monday through Friday, exclusive of holidays).
D, The Notice provided that interested persons could submit written
comments on the proposed amendment for a period of 15 days from the first date of
publication. No written comments were received within the time or in the manner set
out in the Notice.
Now, therefore, based upon the above findings, the findings in Administrative
Order No. 44-05-01, and pursuant to the authority of Sections 2.019 and 3.400 of the
Eugene Code, 197t, I hereby amend Telecommunications Administrative Rule R-3.400.
B as proposed in Administrative 'Order No. 44-05-01, incorporate the unamended
provisions of Telecommunications Administrative Rule R-3.400 into this Order, and
repeal Administrative Order No: 44-97-05-F, as of the effective date of this Order.
Therefore, Telecommunications Administrative Rule R.3.400 is as follows:
IIIII
IIIII
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Telecommunications
Administrative Rule R.3,400
R.3,400.A Definitions,
As used in these rules, words and phrases have the meanings ascribed to them
in sections 3,005 and 7,010 of the Eugene Code, t971, unless specifically defined
otherwise herein,
R.3,400.B Re,qistration Required,
1, All persons engaging in any telecommunications activity through a
communications facility located within the City must first register with the City and pay
all required fees,
2, The registration shall be submitted on forms provided by the City, and
shall include, at a minimum:
2,1 The identity of the registrant, and the name and address of the person(s)
with authority to act for the registrant;
2,2 A description of the telecommunications activity the registrant proposes to
be engaged in, and the location of the communications facility to be utilized by
the registrant;
2,3 Such other information or documentation as required by provisions of the
Eugene Code, 1971, or these rules,
3, An application for a transfer of a registration must contain the same
information required by Section 2 above, except that, if the transferor submitted an
application under Section 2, to the extent information provided by the transferor under
Section 2,2 remains accurate, the transferee may cross.reference the earlier
application, Any new information shall be submitted on a registration application;
however, the application filing fee shall be waived, The transferee shall be responsible
for annual registration renewal obligations,
R.3,400.C License Required,
1, Unless a different procedure is provided in this rule, a registrant who
proposes to construct, place or locate any facility in, upon, beneath, over or across any
public right-of-way or on other public property to:
1,1 Construct a cable system or provide cable service;
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1.2 Construct a telecommunications facility or provide telecommunications
service;
1.3 Construct an open video system or provide services via an open video
system; or
1,4 Construct or operate a private communications system,
must first apply for, and receive a license from the City.
2, .A license application shall be submitted on forms provided by the City, and
may include, but is not limited to the following information:
2.1 The identity of the applicant; the persons who exercise working control
over the applicant; and the persons who control those persons, to the ultimate
parent;
2.2 A description of the system or facility to be constructed or operated, that
sets forth at least the following information:
2.2,1 A description of the services that are to be provided over the
facility;
2.2.2 The location of the proposed facility and facility design, including a
description of the miles of plant to be installed, where it is to be located,
and the size of facilities and equipment that will be located in, on, under,
over, or above the rights.of.way;
2,2.3 A description of the manner in which the system will be installed,
'and the time required to construct the system; the expected effect on
right.of-way usage, including information on the ability of the rights of way
to accommodate the proposed system, including, as appropriate given the
system proposed, an estimate of the availability of space in conduits and
an estimate of the cost of any necessary rearrangement of existing
facilities;
2.2.4 A description, where appropriate, of how services will be converted
from existing facilities to new facilities, and what disposition will be made
of existing facilities;
2.2.5 Identification of the area of the City to be served by the proposed
system, including a description of the proposed license area's boundaries,
if applicable.
2.3 Proof, attested to by a certified public accountant, that the applicant has
the financial resources to complete the proposed project, and to construct,
operate and repair the proposed facility over the license term. It is not the intent
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of this provision to require that an applicant prove that the services it proposes to
offer will succeed in the marketplace,
2,4 Proof that the applicant is technically qualified to construct, operate and
repair the proposed facility, At a minimum, the applicant must show that it has
the experience or resources to ensure that work will be performed adequately,
and that it can respond to emergencies during and after construction is complete,
2,5 Proof that the applicant is legally qualified, which proof must include a
demonstration that the applicant:
2,5,1 Has received, or is in a position to receive authorizations from state
and federal authorities necessary to conduct the activities that will require
use of the public right of way;
2,5,2 Has not engaged in conduct (fraud, racketeering, violation of
antitrust laws, consumer protection laws, or similar laws)that allows City
to conclude the applicant cannot be relied upon to comply with
requirements of the license or provisions of these Rules or the Eugene
Code, 1971;
2,5,3 Is willing to secure a license, to pay required compensation and to
abide by the provisions of applicable law relating to the construction,
operation or maintenance of its facilities; and has not entered into any
agreement that would prevent it from doing ,so;
2,6 An affidavit or declaration of the applicant or authorized officer thereof
certifying the truth and accuracy of the information in the application,
3, To the extent that the applicant is in any respect relying on the financial or
technical resources of another person, including another affiliate, the proofs required in
sections 2,3 through 2,5 above shall be provided for that person, An applicant will be
presumed to have the requisite financial, or technical or legal qualifications to the extent
such qualifications have been reviewed and approved by a state agency of competent
jurisdiction; or if the applicant holds a franchise or license in the.City for a cable system,
telecommunications facility, or open video system, and its conduct under such other
franchise or license provides no basis for additional investigation, An applicant.that is
leasing existing facilities from a licensed communications facility operator, where the
applicant will have no responsibility for any activity that involves work in the rights-of-
way, may rely upon the licensee's technical qualifications, and will be presumed to have
the necessary financial qualifications,
4, An application for a transfer cfa license must contain the same
information required by Section 2 above, except that, if the transferor submitted an
application under Section 2, to the extent information provided by the transferor under
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Section 2,2 remains accurate, the transferee may cross.reference the earlier
application,
R.3,400.D Issuance of License,
1, The City may request such additional information as it finds necessary,
and require such modifications to the system proposed as may be necessary in the
exercise of the City's authority over telecommunications facilities, Once the information
required by the City has been provided, the application shall be reviewed and shall be
granted if the City finds that:
1,1 The applicant has the qualifications to construct, operate and repair the
system proposed, The City shall provide a reasonable opportunity, not to exceed
ten days, for the applicant to show that it would, be inappropriate to deny it a
license under R-3,400-0-2,5,2, by virtue of the particular circumstances
surrounding the matter and the steps taken by the applicant to cure all harms
flowing therefrom and prevent their recurrence, the lack of involvement of the
applicant's principals, or the remoteness of the matter from the operation of
telecommunications facilities, An application for a license area shall not be
granted if the licensee has no plans for constructing a system within the entire
area for which the license is sought,
1,2 The applicant accepts the modifications required by the City to its
proposed system, This section does not authorize the City to exercise authority it
does not otherwise have under applicable law,
1.3 The applicant has obtained all required permits, paid all required fees,
and complied with any conditions precedent to the issuance of the license,
2, If the communications facility is used for multiple purposes bythe same
licensee, a separate license must be obtained for each type of service provided,
3, A license may not be assigned or transferred unlessthe City determines
that:
3,1 There will be no adverse effect on the public interest or the City's interest
in thelicense;
3,2 The transferee agrees to be bound by all the conditions of the license and
to assume all the obligations of its predecessor;
3,3 Any outstanding compliance and compensation issues are resolved or
preserved to the satisfaction of the City; and
3,4 The City consents in writing to the assignment or transfer,
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4, An applicant shall not be issued a license if it had applied for a license that
the City denied within the previous three years; filed materially misleading information in
a license application; or intentionally withheld information that the applicant is lawfully
required to provide,
5, Unless a different term is provided in other provisions of this Rule or the
license, licenses shall be valid for one year beginning July 1 and terminating June 30 of
the following year. Licenses shall be renewed automatically fo~ additional one.year
periods without completing a new application, subject to the following:
5,1 The licensee has paid all required fees and has complied with the terms of
the license and with all applicable ordinances, rules and other laws;
5.2 The City may notify the licensee that the license will not be renewed for
the following year, for any reason, at any time prior to April 30;
5,3 The City may suspend or revoke a license during its one-year term for
failure to pay required fees or for noncompliance with applicable ordinances,
rules or other laws.
6, The revocation or suspension of a license shall be governed bythe
procedures set forth in Sections 3,050 and 3.055 of the Eugene Code, 1971,
?, Appeals of denials, revocations and suspensions of licenses shall be
governed by the procedures set forth in Section 2,021 of the Eugene Code, .1971.
8, The issuance of a license shall not convey equitable or legal title in the
right-of-way to the licensee,
R.3,400.E License Exemptions,
t, A reseller who does not, either itself or through an affiliate, own or lease,
control or manage any facility in the right-of-way, and is not involved in the construction
or repair of facilities in the right-of-way, may use another person's facilities to engage in
telecommunications activities in the right-of-way without obtaining a license, providing it
first registers with the City and pays the required registration fees, license fees, and any
other applicable fees.
2, An operator whose only use of the public right-of-way is to place wireless
transmitting or receiving facilities above the ground on existing poles or similar
structures in the right.of.way, and who does not install or use lines, wires, or cables, is
not required to obtain a license under Section 3.410 of the Eugene Code, 1971 or these
Rules, providing the operator has registered with the City and paid all required fees.
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3, An operator holding an outstanding permit or franchise from the City for a
communications facility to provide specified services, or for a private communications
system, is not required to obtain a license under Section 3,410 of the Eugene Code,
1971 or these Rules, and may continue to operate and perform its activities authorized
under its existing permit or franchise until the conclusion of its present term, but not for
any renewal or extension thereof, Any such permittee or franchisee intending to provide
services other than, or in addition to, those authorized under the permit or franchise
must apply for and obtain a license from the City before engaging in the service or
activity, All such permittees and franchisees must register with the City and pay the
required registration fees, Any permits or licenses that are revocable shall be
automatically revoked as of July 1,1997, and the permittee or licensee required to
obtain a new license under the provisions of Sections 3,400 to 3,430 of the Eugene
Code, 1971 and these Rules,
R.3,400.F Records to be Maintained,
1, All registrants and licensees shall maintain complete and accurate records
of all business transactions indicating revenues and expenses.associated with the
registered or licensed activity,
2, The records required herein shall be maintained for a period of five years
from the date of the last entry, except that a registrant or licensee may request a shorter
period for certain categories of voluminous books and records where the information
contained therein can easily be derived from other materials,
3, The registrant or licensee must provide the City with access to the
records, upon request, and, if requested by the City, may be required to provide the City
with financial information for purposes of establishing fees based on a percentage of
revenues, Failure to do so or to maintain current records may result in revocation of the
registration or license,
4, As used herein,"books and records" shall be construed expansively to
include information in whatever format stored,
5, Each communications facility operator shall maintain accurate maps and
improvement plans which show the location, size, and a general description of all
facilities installed in the rights-of-way and any power supply sources (including voltages
and connections), Maps shall be based upon post-construction inspection to verify
location, The operator of each communications facility shall provide a map to the City
showing the location of its facilities, in such detail and scale as may be directed by the
City Engineer, New maps shall be promptly submitted to the City when the facility
expands Or is relocated, Copies of maps shall be provided on disk, in a format specified
by the City Engineer,
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R.3,400.G Compliance with Other Laws,
All registrants and licensees must comply with all City, County, State and Federal
laws and regulations, specifically including the City's Construction Within and Use of the
Public Way Administrative Rule R-7.302, that are applicable to the licensed activity.
R.3.400.H Insurance, Indemnity, Bond,
1, Insurance,
1.1 Certificates of insurance, reflecting evidence of the required
insurance, shall be reviewed by the City's Risk Manager. For entities that are
entering the market, the certificates shall be filed prior to the commencement of
construction and once a year thereafter, and as provided below in the event of a
lapse in coverage. For entities that have facilities in the right.of-way as of the
effective date of this rule, the certificate shall be filed within 60 days, annually
thereafter, and as provided below in the event of a lapse in coverage, unless a
pre.existing franchise agreement provides for filing of certificates in a different
manner,
1.2 The certificates of insurance shall contain a provision that
coverages afforded under the policies will not be canceled or materially changed
until at least thirty days (30) prior written notice has been given to the City.
Policies shall be issued by companies authorized to do business under the laws
of the State of Oregon and approved by the City's Risk Manager.
1.3 If the insurance certificate provided indicates that the insurance
shall terminate or lapse during the license term, the licensee shall furnish, at
least thirty (30) days prior to the expiration date of such insurance, a renewed
certificate of insurance as proof that equal and like coverage is provided for the
balance of the period of the license under which the licensee operates.
1.4 A licensee, and its contractors and subcontractors engaged in work
on. the licensee's behalf in, on, under or over public rights-of-way, shall maintain
the following minimum insurance:
1.4.1 COMMERCIAL GENERAL LIABILITY insurance to cover liability for
bodily injury and property damage, Risks to be covered are: premises,
operations, products/completed operations, and certain contracts.
Coverage must be written on an occurrence basis, with the following limits
of liability:
A. Bodilylnjury/Personallnjury/Property Damage
1, Each Occurrence $1,000,000
2, Annual Aggregate 2,000,000
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B, Completed Operations and Products Liability shall be maintained for two
(2) years after the termination of the franchise agreement or license
agreement (in the case of the communications facility operator)or
completion of the work for the communications facility operator (in
the case of a contractor or subcontractor),
C, Commercial General Liability Insurance shall include Coverage for the
following hazards: X-explosion, C- Collapse, U-underground,
1,5 WORKERS' COMPENSATION insurance shall be maintained during the
license term to comply with statutory limits for all employees, and in the case any
work is sublet, each communications facility operator shall require the
Subcontractors similarly to provide Workers' Compensation Insurance for all the
latter's employees unless such employees are covered by the protection afforded
by each communications facility operator, Each communications facility operato!
and its Contractors and subcontractors shall maintain during the license term
Employers Liability Insurance, The following limits must be maintained:
A, Workers'Compensation Statutory
B, Employer's Liability $ 500,000 per occurrence
, 1,6 COMMERCIAL AUTO LIABILITY:
Bodily Injury/Property Damage
1, Each Occurrence $1,000,000
2, Annual Aggregate 2,000,000
Coverage shall include owned, hired and non-owned vehicles,
2, Indemnity, Licensee shall indemnify, defendand hold the City of Eugene,
its officers, agents, and employees, harmless from any claims, actions, liability or cost
including attorney fees and other costs of defense, arising out of or in any way related to
licensee's construction, operation or repair of its communications facility,
3, License/Performance/Payment Bond, Every licensee shall be required
to obtain license bonds, performance bonds, and, if necessary, payment bonds to
ensure the faithful performance of its responsibilities under its license, The amount oft
he license bond shall be not less than $25,000, to secure the payment of fees owed,
any other performance promised in a license agreement, and to pay any taxes, fees or
other liens owed to the City by the licensee, The amount of the performance and
payment bonds shall be set by the City Manager or designee in light of the nature of the
work to be performed, and is not in lieu of any additional bonds that may be required
through the permitting process, The bond shall be in a form acceptable to the City
Attorney,
R.3,400.1 Termination or Forfeiture,
1, Abandonment, A licensee shall promptly commence to exercise its
privileges thereunder, Each licensee shall, within six months of the effective date of the
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license, file with the City a report under oath describing the extent of operations and/or
preparatory measures thereto since issuance of the license. On each anniversary of
the effective date of the license, the licensee shall file with the City a report under oath
describing the extent of operations under the license, If any such annual report shows
no revenue.producing services or no active offering of revenue.producing services, the
City may issue the licensee an order to show cause why such license should not be
deemed abandoned,
2, Removal of Facilities, Each licensee that ceases to operate any
communications facility in a public way shall, upon written request of the City within two
years of the cessation of operation of such communications facility, promptly remove
the same, Should the licensee neglect, refuse, or fail to remove the facility, the City
may either take possession of some or all of the licensee's facilities in the public way, or
remove the facility at the expense of the licensee or the licensee's bonding company,
and restore the public way to its proper condition, The obligation to remove shall
survive the termination of the licens'e for a period of two years, and the licensee shall be
bonded therefor,
3, Remedies Cumulative, All remedies under Sections 3,400 to 3,430 of
the Eugene Code, 197t, these rules,'and any license agreement are cumulative unless '
otherwise expressly stated, The exercise of one remedy shall not foreclose use of
another, nor shall the exercise of a remedy or the payment of liquidated damages or
penalties relieve a licensee of its obligations to comply with its license, Remedies may
be used singly or in combination; in addition, the City may exercise any rights it has at
law or equity, Recovery by the City of any amounts under insurance, the performance
bond, the security fund or letter of credit, or otherwise does not limit a communications
facility operator's duty to indemnify the City in any way; nor shall such recovery relieve a
licensee of its obligations under a license, limit the amounts owed to the City, or in any
respect prevent the City from exercising any other right or remedy it may have, Nothing
herein, however, shall be read to authorize the double-recovery of damages,
R.3,400.J Fees,
,,,
1, Annual Registration Fee, Pursuant to Section 3,415(1) of the Eugene
Code, 1971, every person required to register under Section 3,405 of the Eugene Code,
t971 and these Rules, shall pay to the City an annual registration fee in the amount of
2% of its gross revenues derived from telecommunications activities at service
addresses within the City, The first annual registration fee shall also include an
additional charge in an amount established by the City Manager pursuant to Section
2,020 of the Eugene Code, 1971, calculated to recover all of the City's costs incurred in
processing the registration, as well as a prorata share of the City's costs in preparation
of the City's telecommunications plan, telecommunications ordinances, and
implementing rules,
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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
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agreement. An operator who fails to provide all or a portion of the in.kind service shall
be liable to the City for the full amount of the annual registration and/or license fees for
the year or years in which the in-kind service, or portion thereof, is not provided, Upon
such failure, the City Manager ma, y also terminate the arrangement for in-kind service
and amend the operator's registration and/or license accordingly,
R.3.400.K Payment of Fees, Interest, and Penalties,
1, Annual Registration and License Fees,
1,1 Unless the registration or license provides otherwise, the annual
registration and license fees shall be paid to the City quarterly, no later than 45
days after the end of each calendar quarter, accompanied by a statement
showing the manner in which the fee was calculated, The payment and
statement shall be personally delivered or mailed to the City on or before the due
date, with the postmark considered the date of delivery,
1,2 The City may, for good cause, extend the time for making payment and
submitting the statement for a period not to exceed one month, If an extension is
granted, interest at the rate of 1,5% per month shall be paid on the amount of fee
due, without proiation for a fraction of a month, If the statement is not filed and
the fee and interest due not paid by the end of the extension period, then the
interest shall become part of the fee for computation of penalties under
Subsection 3.415(8)of the Eugene Code, 1971 and R-3.400-K-2.
1,3 Acceptance by the City of any payment hereunder shall not be construed
as an accord that the amount paid is the correct amount, nor as a release of any
claim the City may have for additional sums payable, Payments hereunder are
not a payment in lieu of any tax, fee or other assessment except as specifically
provided herein, or as required by applicable law,
1,4 Within 90 days following the end of the calendar year, each person or
operator which paid a fee hereunder shall submit a statement, certified as true by
an independent auditor or the chief financial officer of such person or operator,
setting forth its gross revenues, by category, and describing what revenues were
included and excluded in calculating the fee or fees paid to the City, and any
adjustments made to gross revenues, The City may, upon reasonable advance
written notice, inspect, copy and audit any and all books and records of a
registrant or licensee reasonably necessary to determine whether fees have
been accurately computed and paid,
1,5 In the event a registrant or licensee that is obligated to pay a fee
hereunder ceases to provide service for any reason, including as a result of a
transfer, the registrant or licensee shall make a final payment of any amounts
owned to the City within 90 calendar days of the date its operations in the City
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cease, which shall be accompanied by a statement of gross revenues, containing
the information and certification required by this section, for the calendar year
through the date operations ceased,
2. Penalties.
2,1 Any registrant or licensee who has not been granted an extension of time
for remittance of a fee due who fails to remit any fee prior to delinquency shall
pay a penalty in the amount of ten percent (10%) of the amount of the fee due, in
addition to the amount of the fee,
2,2 Any registrant or licensee who has not been granted an extension of time
for remittance of a fee due, and who fails to pay any delinquent remittance on or
before a period of 30 days following the date on which it first becomes
delinquent, shall pay a second delinquent penalty of fifteen percent (15%)of the
amount of the fee due, plus the amount of the fee and the 10% penalty first
imposed,
2,3 In addition to the penalties imposed under subsections 2,1 and 2,2 above,
if the City determines that the nonpayment of the fee is due to fraud or intent to
evade the provisions of Section 3,415 of the Eugene Code, 1971, an additional
penalty in the amount of twenty-five percent (25%)of the amount of the fee shall
be added thereto,
3, Interest, In addition to any penalties imposed, any registrant or licensee
who fails to remit any fee imposed prior to it becoming delinquent, shall pay interest at
the rate of 1,5~/~ per month or fractions thereof, without proration for portions of a month,
on the amount of the fee due, exclusive of penalties, from the date the payment first
becomes delinquent, until paid, Every penalty imposed, and such interest as accrues,
shall be merged with, and become a part of, the fee required to be paid,
4, Appeal, Any person required to pay a penalty hereunder mayappeal the
same to the City Manager in the manner provided in Section 2,02t of the Eugene Code,
1971,
Dated and effective this~day of ~ ,2005.
City Manager
Administrative Order- Page 13
C:~ocumentsand Settings/cedppcb~Local Settings/Temporary Intemet Files/OCr84/05 Telecom Rules-2 ao(00113874),DOC