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2 ORDINANCE NO. 15,729
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4 AN ORDINANCE TO AMEND LITTLE ROCK, ARK.,
5 ORDINANCE NO. 15,706, TO CLARIFY THE
6 GRANTING OF A FRANCHISE TO ALL COMPANIES
7 THAT PROVIDE INTERSTATE OR INTRASTATE LONG
8 DISTANCE TELECOMMUNICATION SERVICE, AND ALL
9 BUSINESS INCIDENTAL TO OR CONNECTED WITH THE
10 CONDUCTING OF SUCH TELEPHONE BUSINESS IN THE
11 CITY OF LITTLE ROCK, ARKANSAS, ESTABLISHING
12 A FEE TO BE LEVIED AGAINST THE PROVIDER OF
13 LONG DISTANCE TELECOMMUNICATION SERVICES;
14 AND FOR OTHER PURPOSES.
15 WHEREAS, the City approved Ordinance No. 15,706, on July
16 5, 1989, which amended Ordinance No. 11,345 to the extent that
17 it granted a franchise and levied a fee to all companies that
18 provided interstate and intrastate toll telephone service, and
19 all business incidental to or connected with the conducting of
20 such business in the City of Little Rock, Arkansas; and
21 WHEREAS, there has been a challenge alleging that the
22 ordinance is void because it does not expressly state against
23 whom the franchise fee is levied; and
24 WHEREAS, the City, in an abundance of caution, wants to
25 resolve any conceivable questions as to that issue.
26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
27 OF THE CITY OF LITTLE ROCK, ARKANSAS:
28 SECTION 1: Section 2 (b) of Ordinance No. 15,706; is
29 hereby amended to read as follows:
30 "Long Distance Telecommunications Service" means
31 the furnishing of facilities or services in
32 different local exchanges as determined by the
33 appropriate government agency excluding services
34 furnished by a local exchange company out of the
35 local exchange tarrif. As used in this
36 definition, "furnishing of facilities or
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services" means the transport of signs, signals,
writings, pictures, images, sounds, messages,
data, or other information of any nature by wire,
radio, light waves, electromagnetic waves,
digital or other means.
M w M
SECTION 2: Section 3 of Ordinance No. 15,706, is hereby
amended to read as follows:
There is hereby levied against, and shall be
collected from, all providers of long distance
telecommunications services a fee in the amount
of 5.004 ner 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 tax. This fee may be passed to the end
user by the provider of long distance
telecommunications services as long as such
pass- through to the end user is permitted by
Arkansas law.
PASSED: August 1, 1989
ATTEST: APPROVED:
CIT CLERK,, J� MAY R PIOYD G. 11BUDDY21 VILLINES
APPRO AS T ORM•
MARK STODOLA, CITY ATTORNEY
80435/90847
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