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ORDINANCE NO. 20,668
3 AN ORDINANCE TO FIX AND IMPOSE THE AMOUNT OF FEES AND
4 CHARGES TO BE PAID TO THE CITY OF LITTLE ROCK, ARKANSAS,
5 BY ALL COMPANIES THAT PROVIDE INTERSTATE OR INTRASTATE
6 LONG DISTANCE TELECOMMUNICATION SERVICE, AND ALL
7 BUSINESS INCIDENTAL TO OR CONNECTED WITH THE
8 CONDUCTING OF SUCH TELEPHONE BUSINESS IN THE CITY OF
9 LITTLE ROCK, ARKANSAS; AMENDING SECTION 3 OF ORDINANCE
10 NO. 15,706; AND FOR OTHER PURPOSES.
11
12 WHEREAS, the City entered into a franchise agreement with Southwestern Bell Telephone on December
13 17, 1962; and
14 WHEREAS, the City has had the authority to require such franchises for public utilities utilizing the City
15 rights -of -way since 1935 by virtue of Act 324 of 1935, and upon any other statutory or legal authority; and
16 WHEREAS, the transmission of communications by telephone or telegraph meets the definition of public
17 utility under Arkansas law by virtue of Act 324 of 1935; and
18 WHEREAS, subsequent to the passage of the original franchise agreement, and its subsequent
19 amendments, there have been monumental changes in the telecommunications industry, including the
20 divestiture of the long distance telephone service monopoly once enjoyed by Southwestern Bell Telephone and
21 American Telephone and Telegraph Companies so that numerous companies compete to provide customers
22 with long distance telecommunication services within the City of Little Rock; and
23 WHEREAS, the City is entitled to receive such just and reasonable fees from the providers of long
24 distance telecommunication services for their use of the City streets, alleys, airways, and other public rights -of-
25 way, which the City may lawfully impose and the companies are obligated to pay.
26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
27 LITTLE ROCK, ARKANSAS:
28 Section 1. Section 3 of Ordinance No. 15,706, as amended, is hereby amended to include the following:
29 For the year beginning January 1, 2013, there is hereby levied against, and shall be collected
30 from, all providers of long distance telecommunications services a fee in the amount of
31 $0.004 per minute for toll calls charged to a service address within the corporate limits of the
32 City of Little Rock, Arkansas. The provider of long distance telecommunications services
33 shall be responsible for assuring that this fee is paid to the City. This fee is levied as a
[Pagel of2l
1 franchise fee and shall be collected by the provider of long distance telecommunications
2 services in accordance with Arkansas law.
3 Section 2. Payments to the City by companies providing long distance telecommunications services in
4 accordance with the franchise fee imposed herein shall be made monthly within 30 days of the end of each
5 month commencing January 1, 2013.
6 Section 3. The City reserves the right to perform any necessary public works or make any necessary public
7 improvements to the City's rights -of -way or airways (to the extent airways are related to facilities attached to or
8 between poles) during the term of this Agreement. If, as a result of any action by the City, or by any action
9 authorized by the City for the benefit of the public good, relocation of any of the Company's conduit or other
10 facilities is required, such relocation shall be accomplished at the sole expense of the Company. Nothing in this
11 Franchise shall be deemed a waiver of the City's right to require the Company to comply with all applicable
12 zoning and other applicable regulatory ordinances or to pay any reasonable permit fees or to seek appropriate
13 authorizations from the Company to perform any work in connection with the Franchise. Should the City close,
14 eliminate, or discontinue use of any public street during the term of this Franchise, or any renewal term, this
15 Franchise shall cease with respect to such streets upon the date of final action by the City with respect to the
16 closure, elimination or discontinuance of such streets.
17 Section 4. All ordinances and parts of ordinances that conflict herewith are hereby repealed; provided,
18 however, only to the extent that the same are in direct conflict herewith. Except as provided, nothing herein
19 shall be construed to alter or change the terms or conditions of the present franchise under which the providers
20 of long distance telecommunications services are operating, pursuant to Ordinance 15,706 and 15,729.
21 Section 5. This ordinance shall be in effect on and after January 1, 2013.
22 PASSED: December 18, 2012
23 ATTEST:
24
APPROVED:
25 k,v (!LIZU P.
26 u City Clerk Mark Stodola, Mayor
27 APPROVEJD *S)rO LEGAL FORM:
28
2 9 "4
30 Thomas M. Carpenter, City orn y
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