189980
ORDINANCE NO. 18,998
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 upon any other statutory or legal authority; 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 streets, alleys, airways, and other public rights -of -way,
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:
SECTION 1. Section 3 of Ordinance, No. 15,706, as` amended, is hereby amended to include the
following:
For the year beginning January 1, 2004, there is hereby levied against, and shall be collected from, all
providers of long distance telecommunications services a fee in the amount of $0.004 per minute for toll calls
charged to a service address within the corporate limits of the City of Little Rock, Arkansas. The provider of long
distance telecommunications services shall be responsible for assuring that this fee is paid to the City. This fee is
levied as a franchise fee and shall be collected by the provider of long distance telecommunications services in
accordance with Arkansas law.
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SECTION 2. Payments to the City by companies providing long distance telecommunications services in
accordance with the franchise fee imposed herein shall be made monthly within 30 days of the end of each month
commencing January 1, 2004.
SECTION 3. The City reserves the right to perform any necessary public works or make any necessary
public improvements to the City's rights -of -ways or airways (to the extent airways are related to facilities attached
to or between poles) during the term of this Agreement. If, as a result of any action by the City, or by any action
authorized by the City for the benefit of the public good, relocation of any of the Company's conduit or other
facilities is required, such relocation shall be accomplished at the sole expense of the Company. Nothing in this
Franchise shall be deemed a waiver of the City's right to require the Company to comply with all applicable zoning
and other applicable regulatory ordinances or to pay any reasonable permit fees or to seek appropriate
authorizations from the Company to perform any work in connection with the Franchise. Should the City close,
eliminate, or discontinue use of any public street during the term of this Franchise, or any renewal term, this
Franchise shall cease with respect to such streets upon the date of final action by the City with respect to the
closure, elimination or discontinuance of such streets.
SECTION 4. All ordinances and parts of ordinances that conflict herewith are hereby repealed; provided,
however, only to the extent that the same are indirect conflict herewith. Except as provided, nothing herein shall be
construed to alter or change the terms or conditions of the present franchise under which the providers of long
distance telecommunications services are operating, pursuant to Ordinance 15,706 and 15,729.
SECTION 5. This ordinance shall be in effect on and after January 1, 2004.
PASSED: December 2, 2003
ATTEST:
NAN WOO P(, CITY CLERK
APPROVED AS TO FORM:
THOMAS M. CARPENTER
CITY ATTORNEY
APPROVED:
WX
JIMV,AILEY1 MAYOR