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HomeMy WebLinkAbout5044 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 5 0 4 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO TELECOMMUNICATIONS AND COMMERCIAL UTILITIES; DESCRIBING THE PROCEDURES FOR APPLICATION AND APPROVAL OF COMMERCIAL UTILITY AND TELECOMMUNICATION BUSINESS REGISTRATIONS, ADDING A NEW CHAPTER 5.84 ENTITLED "REGISTRATION OF TELECOMMUNICATION CARRIERS, OPERATORS, PROVIDERS AND OTHER COMMERCIAL UTILITIES" TO THE AUBURN CITY CODE PROVIDING FOR PROCEDURES FOR APPLICATION AND APPROVAL OF COMMERCIAL UTILITY AND TELECOMMUNICATION BUSINESS REGISTRATION, ESTABLISHING A BUSINESS REGISTRATION FEE, AND GENERAL PENALTIES. WHEREAS, RCW 35A.82.020 authorizes code cities to impose business licensing requirements and excises upon business transacted within such a city to the extent permitted by the general laws; and WHEREAS, Congress has adopted the Telecoramunications Act of 1996 {hereinafter the "Act") in order to encourage the development of high-technology communications systems through increased competition among communications companies; and WHEREAS, the Act provides for the removal barriers, rate deregulation and relaxation of trust provisions in an attempt to achieve WHEREAS, the Act is anticipated to effect on the range and of regulatory certain anti- and this goal; type have a significant of services that Ordinance No. 5044 December 31, 1997 Page 1 (OrdSO44f) 1 2 3 4 5 6 7 8 9 10 11 12: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 telecommunications carriers, operators and providers will be delivering via cable and wireless technologies; and WHEREAS, the City currently has regulations which do not take account of the provisions of the Act; and WHEREAS, the creation of a new Auburn City Code Chapter 5.84 entitled "Registration of Telecommunication Carriers, Operators, Providers and Other Coramercial Utilities" provides a registration procedure consistent with the "Act" and Washington law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. PURPOSE: The purpose of this Ordinance is as follows: To create a new Chapter 5.84 of Auburn City Code entitled "Registration of Telecommunication Carriers, Operators, Providers and Other Commercial Utilities" as set forth in Exhibit "A" attached hereto and incorporated herein by this reference to provide registration procedure consistent with the provisions of the "ACT" and Washington law. Ordinance No. 5044 December 31, 1997 Page 2 (Ord5044f) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 2. Constitutionality or Invalidity: If any section, subsection, clause, phrase, or sentence, of this Ordinance, is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality of the remaining portions of this ordinance, as it is being hereby expressly declared that this ordinance and each section, subsection, clause, phrase, or sentence, hereof would have been prepared, proposed, adopted, and approved and ratified irrespective of the fact that any one or more section, subsection, clause, phrase, or sentence, be declared invalid or unconstitutional. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. This ordinance shall take effect and be in force five (5} days from and after its passage, approval, and publication, as provided by law. Ordinance No. 5044 December 3 I, 1997 Page 3 (0rd5044f) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: Da~n-ielle E. Daskam, City Clerk APPROVED AS TO FORM: City Attorney PUBLISHED: ¢//~ Ordinance No. 5044 December 31, 1997 Page 4 (Ord5044f) INTRODUCED: PASSED: APPROVED: January 5, 1998 January 5, 1998 January 5, 1998 CHARLES A. BOOTH MAYOR EXHIBIT A Chapter 5.84 REGISTRATION OF TELECOMMUNICATIONS CARRIERS, OPERATORS, PROVIDERS, AND OTHER COMMERCIAL UTILITIES Section 5.84.010 5.84.020 5.84.030 5.84.040 5.84.050 5.84.060 5.84.O7O Purpose of Business Registration Definitions. Business Registration Required. Business Registration Fee. General Penalties. Other Remedies. Fees and Compensation Not a Tax. Section 5.84.010 Purpose of Business Registration. The purpose of a business registration is to: A. Provide the City with accurate and current information concerning the commemial utility providers, cable operators, telecommunications carriers, operators and providers who offer or provide services within the City, or who own or operate facilities within the City's public ways; B. Assist the City in enforcement of Title 20 of the Auburn City Code; C. Assist the City in the collection and enforcement of any municipal taxes, fees or charges that may be due the City; and D. Assist the City in monitoring compliance with local, state and federal laws. Section 5.84.020 Definitions. For the purpose of this Chapter, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise: "Affiliate" means an entity which (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership with Franchisee. For purposes of this definition, the term "own" means to own an equity interest (or the equivalent thereof) of more than ten (10) percent. "Cable faci#ties" means equipment and wiring used to transmit audio and video signals to subscribers; "Cable operator" means a telecommunications carrier providing or offering to provide "cable service" within the City as that term is defined in the Cable Act Revision: 12/30/97 REF:E:\SHARE\ORD5044C.DOC PAGE 1 OF 4 Exhibit "A" and ACC 13,36; "Cable service" for the purpose of this Chapter shall have the same meaning provided by the Cable Act and ACC 13.36. "City" means the City of Auburn, Washington as defined in Auburn City Code Section 1.04.010 to include all future areas annexed into the City. "Commercial Utility Provider" means any natural gas, electric power, pipeline, or other company desiring to utilize City Public Ways for transporting, purveying, or delivering bulk products, or providing commercial power or gas services within the City, or needing to transport bulk product or services through the City to other destinations for commercial purposes. "Person" means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers; "Telecommunications carrier" means and includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or facilities within the City's public ways, for the purpose of offering telecommunications services within the City; "Telecommunications facilities" means the plant, equipment and facilities, including but not limited to, cables, wires, conduits, ducts, pedestals, antennae, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services; "Telecommunications operator" means and includes every person who provides telecommunications services within the City over telecommunications facilities located within the City's public ways, without any ownership, management or control of the facilities. "Telecommunications provider" means and includes every person who utilizes facilities within the City's public ways to provide services outside the City only. "Telecommunications service' means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium. Section 5.84.030 Business Registration Required. No person, firm or corporation shall engage in or carry on any business, occupation, act or privilege for which a tax is imposed by AUBURN CiTY CODE 5.82.040 or 5.88.040 without first having obtained, and being the holder of, a business registration with the Revision: 12/30/97 REF:E:\SHARE\ORD5044C.DOC PAGE 2 OF 4 Auburn City Clerk. Each such person, firm or corporation shall apply to the Auburn City Clerk for such registration upon such forms as the clerk shall prescribe, giving such information as the clerk shall deem reasonably necessary to enable the clerk's office to administer and enforce this chapter; and, upon acceptance of such application by the clerk, the clerk shall thereupon issue such registration to the applicant. Such registration shall be nontransferable and shall be valid as long as the registrant shall continue in the business and shall comply with this chapter. All commercial utility providers, cable operators, telecommunication carriers, operators, and providers who offer or provide any commercial utility or telecommunications service for a fee directly to the public, either within the City, or outside the corporate limits from facilities within the City, shall, on an annual basis, apply for and obtain a Business Registration from the City pursuant to this Chapter on forms to be provided by the City, which shall include the following: A. Business name, addresses and telephone numbers of the applicant, including business owner (s), partner (s), officer (s) and any affiliates; including the legal status of each. B. The name, address, telephone number, and title of the officer, or registered agent responsible for the accuracy of the telecommunications business registration application statement; C. Business location, mailing address, street address, and telephone number; D. A description of applicant's existing or proposed facilities within the City; E. A description of the service that the applicant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions within the City, or to those outside the City limits using facilities located within the City; F. Information sufficient to determine whether the applicant is subject to the public way permitting and/or franchising requirements imposed by Title 20 and Chapter 12.24 of the Auburn City Code; G. Information sufficient to determine whether the transmission, origination or receipt of the services provided or to be provided by the applicant constitutes an occupation or privilege subject to any municipal telecommunications tax, utility tax or other occupation tax imposed by the City; H. DBA status of business. I. Property tax lot number if applicable. J. Business activity description. Revision: 12/30/97 REF:E:\SHARE\ORD5044C.DOC PAGE 3 OF 4 K. Storage of Hazardous materials (copy of MSDS Sheet) L. Washington State UBI/Tax #. M. Federal ID Tax #. N. Washington State Labor & Industries Contractor ID # O. Number of employees in City. P. Emergency contacts available 24 hours daily, 7 days a week. Section 5.84.040 Business Registration Fee. Each initial and all subsequent annual applications for Registration of Telecommunications carriers, operators, providers, or other commercial utility providers shall be accompanied by an application fee of $25.00 for the purpose of reimbursing the City for administrative expenses associated with processing the application. Section 5.84.050 General Penalties. A. Civil Penalty. 1. Any person violating any provisions of this chapter has committed an infraction and is subject to a fine of up to a $100.00 penalty per infraction. 2. Each day of such failure or refusal to comply with the provisions of this chapter or the violation of the same constitutes a separate infraction under this chapter. B. Additional Relief. The City may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of the applicable provisions of this Chapter when penalties provided herein are inadequate to effect compliance. Furthermore, violation of the terms of this Chapter shall be grounds for revocation of any Public Ways Agreement, , franchise, or lease issued or granted pursuant to Title 20 of the Auburn City Code. Section 5.84.060 Other Remedies. Nothing in this Chapter shall be construed as limiting any judicial remedies that the City may have, at law or in equity, for enforcement of this Chapter. Section 5.84.070 Fees and Compensation Not a Tax. The fees, charges and fines provided for in this Chapter are separate from, and additional to, any and all federal, state, local, and City taxes as may be levied, imposed or due from a commercial utility provider, telecommunications carrier, operator, or provider, its customers or subscribers or on account of the lease, sale, delivery or transmission of commercial utility or telecommunications services. Revision: 12/30/97 REF:E:\SHARE\ORD5044C.DOC PAGE 4 OF 4