In compliance with the requirements of Section 13(1) of the Act, the City hereby modifies,
to the extent necessary, any fees charged to telecommunications providers after November
1, 2002, the effective date of the Act, relating to access and usage of the public
rights-of-way, to an amount not exceeding the amounts of fees and charges required
under the Act, which shall be paid to the authority. In compliance with the requirements
of Section 13(4) of the Act, the city also hereby approves modification of the fees
of providers with telecommunication facilities in public rights-of-way within the
city's boundaries, so that those providers pay only those fees required under Section
8 of the Act. The executive director shall provide each telecommunications provider
affected by the fee with a copy of this ordinance [Ord. No. 21-02], in compliance
with the requirement of Section 13(4) of the Act. To the extent any fees are charged
telecommunications providers in excess of the amounts permitted under the Act, or
which are otherwise inconsistent with the Act, such imposition is hereby declared
to be contrary to the city's policy and intent, and upon application by a provider
or discovery by the city, shall be promptly refunded as having been charged in error.
(Ord. No. 21-02, § 1, 10-30-02)
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