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' ORDINANCE NO. 15,9670
AN ORDINANCE FIXING AND IMPOSING THE AMOUNT OF
FEES AND CHARGES TO BE PAID TO THE CITY OF
LITTLE ROCK, ARKANSAS BY ALL COMPANIES THAT
PROVIDE INTERSTATE OR INTRASTATE LONG DISTANCE
TELECOMMUNICATION SERVICE, - AND ALL BUSINESS
INCIDENTAL TO OR CONNECTED WITH THE CONDUCTING
OF SUCH TELEPHONE BUSINESS IN THE CITY OF
LITTLE ROCK, ARKANSAS; AMENDING SECTION 3 OF
ORDINANCE NO. 15,706; AND FOR OTHER PURPOSES.
WHEREAS, the City entered into a franchise agreement with
Southwestern Bell Telephone on December 17, 1962; and
WHEREAS, the City has had the authority to require such
franchises for public utilities utilizing the City rights -of -way
since 1935 by virtue of Act 324 of 1935; and
WHEREAS, the transmission of communications by telephone or
telegraph meets the definition of public utility under Arkansas law
by virtue of Act 324 of 1935; and
WHEREAS, subsequent to the passage of the original franchise
agreement, and its subsequent amendments, there have been
monumental changes in the telecommunications industry, including
the divestiture of the long distance telephone service monopoly
once enjoyed by Southwestern Bell Telephone and American Telephone
and Telegraph Companies so that numerous companies compete to
provide customers with long distance telecommunication services
within the City of Little Rock; and
WHEREAS, the City is entitled to receive such just and
reasonable fees from the providers of long distance
telecommunication services for their use of the City rights -of -way
and airways, which the City may lawfully impose and the companies
are obligated to pay.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
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SECTION 1. Wtion 3 of Ordinance No. 40 706, as amended, is 472
1 hereby amended to include the following:
2
3 For the year beginning January 1, 1991, there is hereby
4 levied against, and shall be collected from, all
5 providers of long distance telecommunications services a
6 fee in the amount of $0.004 per minute for toll calls
7 charged to a service address within the corporate limits
8 of the City of Little Rock, Arkansas. The provider of
9 long distance telecommunications services shall be
10 responsible for assuring that this fee is paid to the
11 City. This fee is levied as a franchise fee and shall be
12 collected by the provider of long distance
13 telecommunications services in accordance with Arkansas
14 law.
15 SECTION 2. Payments to the City by companies providing long
16 distance telecommunications services and required to pay a
17 franchise fee pursuant to this ordinance shall be made monthly
18 within 30 days of the end of each month commencing January 1, 1991.
19 SECTION 3. All ordinances and parts of ordinances that
20 conflict herewith are hereby repealed; provided, however, only to
21 the extent that the same are in direct conflict herewith. Except
22 as provided, nothing herein shall be construed to alter or change
23 the terms or conditions of the present franchise under which the
24 providers of long distance telecommunications services are
25 operating, pursuant to Ordinance 15,706 and 15,729.
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SECTION 4. This ordinance shall be in effect on and after
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28 January 1, 1991.
29 PASSED: November 20, 1990
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