§ 22-14. License requirement of communication lines within rights-of-way.

(a)

No person or firm, whether public, private, nonprofit or not for profit shall construct, operate or continue to operate a private communications system which occupies the streets, public rights-of-way and other public places within the city without having been issued a telecommunication permit by the director of public works, or a franchise for telephone, telecommunication service, video distribution system or cable television or cable communication system by the city.

(b)

Except as hereinafter provided, it shall be a term and condition of any telecommunication permit issued in accordance herewith that as a part of the consideration supporting the issuance of such telecommunication permit and the city's permission thereby to occupy and use the streets of the city, that the permittee shall pay each year to the city compensation and license fees as follows:

(1)

All applicants shall pay a permit application fee of three hundred dollars ($300.00).

(2)

For providers of long distance access or long distance service, other than the franchised local exchange carrier, a minimum fee or five hundred dollars ($500.00) per year per cable or five hundred dollars ($500.00) per year per cable per linear mile or any portions thereof per mile whichever is greater or the maximum allowed by law, whichever is greater.

(3)

For private communication systems owned by a nonfranchised entity, a minimum of five hundred dollars ($500.00) per year or five hundred dollars ($500.00) per linear mile, whichever is greater, or any part thereof, per year for systems extending over one (1) mile. In no case shall the annual fee be less than five hundred dollars ($500.00).

(4)

Lines, cables or fiber optics of a private communication system placed in a conduit or duct-bank owned by another permittee or franchisee shall require a separate telecommunication application and permit, subject to the same requirements as other installations, except the fee for the additional telecommunications permit shall be one-half (½) the maximum allowed by law or one-half (½) of the otherwise applicable per linear mile fee for the portion of the pathway so utilized, whichever is greater.

(5)

Lines, cables or fiber optics of a private communication system which are placed in a conduit or duct-bank owned by an entity not exempt by law or statute from the provisions of this article shall require a telecommunication permit, unless the franchise, or other authorization by which the exempt entity has the right to place the conduit or duct-bank within the city property, prohibits the application of the permit and fee requirements contained in this article to the lessee of space within the conduit or duct-bank.

(6)

Any private communication system that serves customers and charges a fee for services provided by the private communication system within the city shall pay (in addition to applicable fees in sections 22-14(a) through (e) monthly, due on the tenth day of each month for the previous month, five (5) per cent of the annual total gross revenues from such customers to be calculated on the basis of all revenues derived from transmissions that bypass the local exchange carrier. Revenues derived from transmissions that enter a private communication system through the Local Access Transport Area (LATA) shall not be part of the total gross revenues for purposes of calculating compensation and license fees.

The city may, at its option, adjust this permit fee each year to the extent allowed by law or by an amount not exceeding the proportional cumulative increase in the Consumer Price Index (CPI) published by the United States Department of Labor for Urban Wage Earners (1967 - 100%). Since the initial establishment of this permit fee, or since the most recent increase in the permit fee for any and all subsequent increases after the first increase, and only after a public hearing by the city commission and at least thirty (30) days notice to all permittees, except as hereinafter provided. The city may raise the license fee more than the cumulative increase in the CPI in the event there is competent evidence that the fee imposed by the city is below the norm of fees imposed by other cities within the State of Florida which impose such fees and which have populations similar in size to Cocoa Beach.

(c)

The annual compensation and license fee provided for in section 22-14(b) shall be payable annually on or before October 1 of each calendar year for the portion of the private communications systems within the city right-of-way on January 1 of that year and a pro-rated license fee, based upon the calendar quarter in which the application is filed, shall be paid at the time of the application for a telecommunication permit for all new portions of the system. Revenue fees are due monthly.

(d)

Fees not paid within ten (10) days after the due date shall bear interest at the rate of one (1) per cent per month from the date due until paid.

(e)

The acceptance of any payment required hereunder by the city shall not be construed as an acknowledgement that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the city may have for additional sums due and payable.

(1)

All fee payments shall be subject to audit by the city and assessment or refund if the payment is found to be in error.

(2)

In the event that such audit results in an assessment by an additional payment to the city, such additional payment shall, at the city's option, be subject to interest at the rate of one (1) per cent per month retroactive to the date such payment originally should have been paid, which shall be due and payable immediately.

(f)

Nothing in this article shall be construed to limit the liability of the permittee for all applicable federal, state and local taxes.

(g)

Any holder of a telecommunication permit must be a member of Sunshine Location network or any subsequent alert and warning system to protect and locate their underground facilities, including fiber optic facilities. The permittee shall be responsible for making all arrangements with public or private utility companies to ensure underground and overhead clearances and construction liaison when needed.

(Ord. No. 1052, § 2, 9-15-1994)