203711
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ORDINANCE NO. 20,371
AN ORDINANCE TO FIX AND IMPOSE THE A OUNT 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 70. 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 up n any other statutory or legal authority; and
WHEREAS, the transmission of communications by telep one 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 numer us 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 str ets, 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, 2011, 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 adc ress within the corporate limits of the
City of Little Rock, Arkansas. The provider of long c istance telecommunications services
shall be responsible for assuring that this fee is paic to the City. This fee is levied as a
franchise fee and shall be collected by the provider of long distance telecommunications
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services in accordance with Arkansas law.
Section 2. Payments to the City by companies providing
accordance with the franchise fee imposed herein shall be ma
month commencing January 1, 2011.
Section 3. The City reserves the right to perform any neces
improvements to the City's rights -of -way or airways (to the ext(
between poles) during the term of this Agreement. If, as a res
authorized by the City for the benefit of the public good, reloca
facilities is required, such relocation shall be accomplished at tb
Franchise shall be deemed a waiver of the City's right to requi
zoning and other applicable regulatory ordinances or to pay an,
authorizations from the Company to perform any work in conne
eliminate, or discontinue use of any public street during the ter
Franchise shall cease with respect to such streets upon the date
closure, elimination or discontinuance of such streets.
Section 4. All ordinances and parts of ordinances that coi
however, only to the extent that the same are in direct conflict
shall be construed to alter or change the terms or conditions of t
of long distance telecommunications services are operating, pi
Section 5. This ordinance shall be in effect on and after J
PASSED: December 7, 2010
ATTEST:
: r
Gan ng e , ity Clerk
APPRO D AS TO LEGAL FORM:
Thomas M. Carpenter, ttorney
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[PAGE 2 OF 2]
)ng distance telecommunications services
monthly within 30 days of the end of ea
ary public works or make any necessary pub
it airways are related to facilities attached to
It of any action by the City, or by any acti
ion of any of the Company's conduit or otl
sole expense of the Company. Nothing in t]
the Company to comply with all applical
reasonable permit fees or to seek appropri,
tion with the Franchise. Should the City clo
n of this Franchise, or any renewal term, tl
of final action by the City with respect to t
ict herewith are hereby repealed; prov
rewith. Except as provided, nothing h
present franchise under which the prov
want to Ordinance 15,706 and 15,729.
Mary 1, 2011.
APPROVED:
Mark