19980623 1998-19ORDINANCE NO. 1998- 19
AN ORDINANCE TO AMEND CHAPTER 8 OF
THE CODE OF THE CITY OF FAIRFAX,
VIRGINIA TO ADD ARTICLE XVI,
SECTIONS 8-106 THROUGH 8-111,
IMPOSING A PUBLIC RIGHTS-OF-WAY USE
FEE FOR CERTIFICATED PROVIDERS OF
TELECOMMUNICATIONS SERVICES.
BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia, that Chapter 8 of the Code of the
City of Fairfax, Virginia is amended to add Article
XVI, Sections 8-106 through 8-111, to read in its
entirety as follows:
ARTICLE XVI. PUBLIC RIGHTS-OF-WAY USE FEE FOR
CERTIFICATED PROVIDERS OF TELECOMMUNICATIONS SERVICES
Section 8-106. Definitions.
Access lines. Residence and business telephone lines
and other switched common lines connecting the customer
premises to the end office switch. Access lines do not
include local, state, and federal government lines;
access lines used to provide service to users as part
of the Virginia Universal Service Plan; interstate and
intrastate dedicated WATS lines; special access lines;
off-premises extensions; official lines used by
providers of telecommunications service for
administrative, testing, intercept, and verification
purposes; and commercial mobile radio service lines.
Certificated provider of telecommunications services. A
public service corporation holding a certificate issued
by the State Corporation Commission to provide local
exchange or interexchange telephone service.
Public Rights-of-Way Use Fee. A fee charged and billed
monthly to the ultimate end user of each access line of
a certificated provider of local exchange telephone
service, the rate of which fee shall be established
annually by the Virginia Department of Transportation
in the manner specified in Va. Code Section 56-468.1.
Section 8-107. Imposition of Fee; Exception;
Collection of Fees
The Public Rights-of-Way Use Fee is hereby imposed
on each access line of each certificated provider of
local exchange telephone service operating in the City
of Fairfax. Such fee, however, shall not apply to
providers of commercial mobile radio services. Within
two months after the end of each calendar quarter, each
certificated provider shall remit to the City Treasurer
the amount of Public Rights-of-Way Use Fees it has
billed to ultimate end users of the provider's services
during such preceding quarter. Fees so collected by
certificated providers shall be deemed to be held in
trust until remitted to the City Treasurer.
1998-19
Section 8-108. Purpose; other allowable fees.
The Public Rights-of-Way Use Fee shall be in lieu
of, and not in addition to, the permit inspection and
other fees of general application imposed under this
Code on certificated providers of telecommunications
services. No certificated provider of
telecommunications services shall be required to pay
such permit or inspection fees or any other City fees
(except for zoning, subdivision, site plan and
comprehensive plan fees of general application) as a
condition of, or as compensation for, its use of the
public rights-of-way.
Section 8-109. Requirements; action on applications.
Nothing in this article shall relieve any
certificated provider of telecommunications services
from submitting plans, applying for permits, and
adhering to applicable standards for construction,
installation of facilities, and street or roadway
repairs in the manner required by this Code and other
applicable statutes, ordinances or regulations,
provided such requirements are no greater than those
imposed on other providers of telecommunications or
nonpublic providers of cable television, electric~
natural gas, water or sanitary sewer services. Any
application by a certificated provider of
telecommunications services to use City rights-of-way
shall be granted or denied within forty-five (45) days
after receipt and, if denied, shall be accompanied by a
written explanation of the reasons for denial and the
actions required to cure the denial.
Section 8-110.
providers.
Effect on cable television service
Nothing in this article shall affect the type or
amount of fees payable by providers of cable television
services pursuant to any existing or future franchise,
license or permit granted by the City.
Sec. 8-111. Effect on telecommunications service
providers and the City.
Nothing in this article shall affect any amount
payable by any provider of telecommunications services
for the right to locate towers or other facilities on
property of the City other than within the public
rights-of-way, nor shall anything prohibit the City
from entering into voluntary pole attachment, conduit
occupancy or conduit construction agreements with any
certificated provider of telecommunications service.
This ordinance shall become effective as provided
by law. As soon as practicable following its adoption,
but no later than March 15, 1999, the City Manager
shall send by certified mail a copy of this ordinance
to the registered agent of all providers of local
exchange telephone services certificated by the State
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1998-19
Corporation Commission to offer such services within
the City of Fairfax.
INTRODUCED:
PUBLIC HEARING:
ENACTED:
June 9, 1998
June 23, 1998
June 23, 1998
T. Coughlan
J. Greenfield
J. Lyman
S. Mershon
G. Rasmussen
S. Silverthorne
Vote
aye
aye
absent
aye
aye
aye
MAYOR
~-~~DATEf
ATTEST:
~t~lerk
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