203701
ORDINANCE NO. 10,370
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3 AN ORDINANCE TO LEVY FRANCHISE FEES TO BE PAID BY ALL
4 CARRIERS PROVIDING LOCAL ACCESS TELEPHONE SERVICE;
5 PROVIDING FOR THE PAYMENT TH REOF; AND FOR OTHER
6 PURPOSES.
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WHEREAS, the Southwestern Bell Telephone Company, now AT &T, has for decades been
authorized by ordinance to operate its telephone system and all business incidental to or connected
with the conduct of a telephone business in the City; and
WHEREAS, pursuant to Little Rock, Ark. Ordir
recognizing an order of the Arkansas Public Service Corr.
Docket U -281 relating to the treatment by the Telephone
granted AT &T the privilege to continue operation of its to
the City and first provided for the payment of a privilege t
the number of telephones in the City as of the end of the
WHEREAS, pursuant to Ordinance No. 14,981 (Nov
imposed, beginning on January 1, 1986, a change in the c,
be in an amount equal to seven and thirty -two hundredth:
line billing revenues for 1985 or a minimum of One Milli(
Dollars ($1,775,000), and
WHEREAS, subsequent ordinances thereafter increi
franchise fee until, beginning with Ordinance No. 16,557
$2,000,000, which minimum has remained in effect unti
WHEREAS, after a review of the current market situ
minimum franchise fee is no longer appropriate and is s(
WHEREAS, AT &T and other telephone companies
system in the City are now and will be occupying the stre,
of -way of the City for the purpose of operating and maint
and
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mce No. 11,345 (Dec. 17, 1962), and
nission entered on December 10, 1957 in
.ompany of all City special taxes, the City
.phone system and related business within
.x by that company of $1.07 multiplied by
)receding year; and
mber 5, 1985), the City Board of Directors
Iculation of the privilege fee for AT &T, to
percent (7.32 %) of the company's access
a, Seven Hundred Seventy -Five Thousand
raised the amount of the minimum
)er 21, 1993) it reached the amount
the present time, and
tion, the City has determined that having a
ting the minimum aside, and
milarly providing a local access telephone
:s, alleys, airways and other public rights -
ning such local access telephone systems,
1 WHEREAS, the City is legally authorized to impose, and all local access telephone services
2 companies are obligated to pay, a just and reasonable franchise fee in connection with such
3 company's local access telephone service operations in the City.
4 NOW, THEREFORE, BE IT ORDAINED BY T11 E BOARD OF DIRECTORS OF THE
5 CITY OF LITTLE ROCK, ARKANSAS:
6 Section 1. There is hereby imposed and each and e cry local access telephone service carrier
7 ( "Telephone Company ") shall pay to the City a franchise I ee in an amount equal to seven and thirty-
8 two hundredths percent (7.32 %) of the respective Telephone Company's local exchange access line
9 charges collected within the City's corporate limits durinir the previous month.
10 Section 2. Payments to the City by the Telephone Company for the franchise fee shall be made
11 monthly by the 20th day of each month.
12 Section 3. On a monthly basis, by the twentieth (20t) day of each month, the auditor for each
13 Telephone Company shall certify to the City that Telephone Company's access line revenues
14 collected during the previous month in Little Rock.
15 Section 4. The City recognizes and accepts the purposes and results of an Order of the Arkansas
16 Public Service Commission entered on February 7, 1980, in Docket U -30132 relating to the
17 treatment by the Telephone Company of all city special lees.
18 Section 5. It is acknowledged that Ordinance No. 11 345 (amended by Ordinance No. 14,98 1),
19 which set out the terms and conditions of the present privilege authority, is the controlling document
20 over current local access telephone service franchises. Ordinance No. 11,345 specifically provided
21 that nothing contained therein was to be construed as giving AT &T any exclusive privileges.
22 Ordinance No. 14,981 amended Ordinance No. 11,345 to change the method of calculating the fee to
23 that method presently employed and to add a section detailing the City's utility relocation policy to
24 be complied with. That utility relocation policy shall remain in effect under this Ordinance. The
25 Telephone Company shall also be subject to the utility relocation policy set forth in Little Rock,
26 Ark., Rev. Code § §2 -350 to 357 (1988).
27 Section 6. Nothing herein contained shall be construed as altering or amending any other rights
28 or obligations of the City or each Telephone Company is provided for in Ordinance No. 11,345
29 except the language of Section 2 of Ordinance No. 11,345 pertaining to the method of calculating the
30 Telephone Company's annual franchise fee.
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1 Section 7. Nothing in this Ordinance shall prevent
2 Companies previously due but unpaid franchise fees.
3 Section 8. This ordinance shall be in effect on and a
4 PASSED: December 7, 2010
5 ATTEST:
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8 Susan ngle City Clerk
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10 APPROVED AS TO LEGAL FORM.
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12 k�e't�wij
13 Thomas M. Carpenter, C4 Attorney
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31 H
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City from collecting from Telephone
January 1, 2011.
APPROVED:
Mark Stodola, Mayor