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1ORDINANCE NO. 16,329
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4 AN ORDINANCE FIXING AND IMPOSING THE AMOUNT
5 OF FEES AND CHARGES TO BE PAID TO THE CITY OF
6 LITTLE ROCK, ARKANSAS BY ALL COMPANIES THAT
7 PROVIDE INTERSTATE OR INTRASTATE LONG
8 DISTANCE TELECOMMUNICATION SERVICE, AND ALL
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to BUSINESS INCIDENTAL TO OR CONNECTED WITH THE
11 CONDUCTING OF SUCH TELEPHONE BUSINESS IN THE
12 CITY OF LITTLE ROCK, ARKANSAS; AMENDING
13 SECTION 3 OF ORDINANCE NO. 15,706; AND FOR OTHER
14 PURPOSES.
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16 WHEREAS, the City entered into a franchise agreement with Southwestern Bell
18 Telephone on December 17, 1962; and
19 WHEREAS, the City has had the authority to require such franchises for public
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utilities utilizing the City rights -of -way since 1935 by virtue of Act 324 of 1935, and upon
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22 any other statutory or legal authority; and
23 WHEREAS, the transmission of communications by telephone or telegraph meets the
24 definition of public utility under Arkansas law by virtue of Act 324 of 1935; and
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26 WHEREAS, subsequent to the passage of the original franchise agreement, and its
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subsequent amendments, there have been monumental changes in the telecommunications
28 industry, including the divestiture of the long distance telephone service monopoly once
29 enjoyed by Southwestern Bell Telephone and American Telephone and Telegraph
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31 Companies so that numerous companies compete to provide customers with long distance
32 telecommunication services within the City of Little Rock; and
33 WHEREAS, the City is entitled to receive such just and reasonable fees from the
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providers of long distance telecommunication services for their use of the City streets, alleys,
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35 airways, and other public rights -of -way, which the City may lawfully impose and the
companies are obligated to pay.
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2 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
3 THE CITY OF LITTLE ROCK, ARKANSAS:
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SECTION 1. Section 3 of Ordinance No. 15,706, as amended, is hereby amended
to include the following:
For the year beginning January 1, 1993, 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.
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, 1993.
SECTION 3. All ordinances and parts of ordinances that conflict herewith are
hereby repealed; provided, however, only to the extent that the same are in direct 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 4. This ordinance shall be in effect on and after January 1, 1993.
PASSED: December 21, 1992
ATTEST:
APPROVED AS TO FORM:
APPROVED:
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