Azusa Municipal Code Art. VI Alternative User Charge

(a) This section is applicable to any licensed but unfranchised cable operator, and to any cable operator who has had its franchise ruled unconstitutional, unenforceable, or invalid. For all franchised cable operators the provisions concerning franchise fees shall be applicable.

(b) Where not specifically prohibited by federal or state law, and as an alternative to the imposition of a franchise fee as set forth in this chapter, the grantor may impose, extract, and collect, a charge from an affected cable operator for the use by such provider of the streets, rights-of-way, easements, and public ways of the city.

(c) Such an alternative user charge shall be based on the value of the public rights-of-way being used by the affected cable operator.

(d) An alternative user charge is adopted in order to receive fair compensation for the cable operator's use of the public streets and public ways if such compensation cannot be obtained by imposing a flat percentage fee on such cable operator's annual gross revenue. However, an affected cable operator may agree to an alternative user charge that is based on a flat percentage of gross revenue.

(e) Also, recognizing that an alternative user charge may affect a cable operator, please note, that the franchise may contain express language which details a different method or manner to handle a situation in which franchise fees as historically calculated (as a percentage of gross revenue) are ruled unconstitutional, or unenforceable, in order to protect, and preserve the grantor's source of revenue and compensation for the use of the public rights-of-way.

(f) It is expressly understood that a franchise fee and an alternative user charge will not be imposed on the same cable operator at the same time, for the same period of time.

(g) An affected cable operator shall pay 25 percent of she alternative user charge at the end of every three months.

(Ord. No. 95-08, art. VII, 4-17-95)