HomeMy Public PortalAboutOrd 439 Southwestern Bell Telephone Franchise
(First Published in the Ark Valley News on the _ day of
,2006.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. 1./3;
A CONTRACT FRANCHISE ORDINANCE GRANTED TO
SOUTHWESTERN BELL TELEPHONE, L.P., A TELECOMMUNICATIONS
LOCAL EXCHANGE SERVICE PROVIDER PROVIDING LOCAL
EXCHANGE SERVICE WITHIN THE CITY OF BEL AIRE, KANSAS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE,
KANSAS:
SECTION 1. Pursuant to K.S.A. 2002 Supp. 12-2001, a contract franchise ordinance is
hereby granted to Southwestern Bell Telephone L.P. d/b/a/ SBC Kansas ("SBC Kansas"), a
telecommunications local exchange service provider providing local exchange service
within the City of Bel Aire, Kansas ("City"), subject to the provisions contained hereafter.
The initial term of this ordinance shall be for a period beginning JC\ n "'I r t -.L, 2006
and ending .\)e c e.~ h.... /" 3.L,2006. Thereafter, this contract franchise ordinance will
automatically renew for one (1) additional one (1) year term, unless either party notifies the
other party of its intent to terminate the contract franchise ordinance at least ninety (90)
days before the termination of the then current term. The additional term shall be deemed
a continuation of this con~ct franchise ordinance and not as a new contract franchise
ordinance or amendment. Compensation for said contract franchise ordinance shall be
established pursuant to Section 3 of this ordinance.
SECTION 2. For the purpose of this contract franchise ordinance, the following words and
phrases and their derivations shall have the following meaning:
"Access line" shall mean and be limited to retail billed and collected residential lines;
business lines; ISDN lines; PBX trunks and simulated exchange access lines provided by a
central office based switching arrangement where all stations serviced by such simulated
exchange access lines are used by a single customer of the provider of such arrangement.
Access line may not be construed to include interoffice transport or other transmission
media that do not terminate at an end user customer's premises, or to permit duplicate or
multiple assessment of access line rates on the provision of a single service or on the
multiple communications paths derived from a billed and collected access line. Access line
shall not include the following: Wireless telecommunications services, the sale or lease of
unbundled loop facilities, special access services, lines providing only data services without
voice services process by a telecommunications local exchange service provider or private
line service arrangements.
"Access line count" means the number of access lines serving consumers within the
corporate boundaries of the city on the last day of each month.
IIAccess line fee" means a fee determined by a city, up to a maximum as set out in
K.S.A. 2002 Supp. 12-2001 and amendments thereto, to be used by a
telecommunications local exchange service provider in calculating the amount of
access line remittance.
IIAccess line remittance" means the amount to be paid by a telecommunications local
exchange service provider to a city, the total of which is calculated by multiplying the
access line fee, as determined in the city, by the number of access lines served by that
telecommunications local exchange service provider within that city for each month in
that calendar quarter.
IIGross receipts" means only those receipts collected from within the corporate
boundaries of the city enacting the franchise and which are derived from the following:
(A) Recurring local exchange service for business and residence which includes basic
exchange service, touch tone, optional calling features and measured local calls; (8)
recurring local exchange access line services for pay phone lines provided by a
telecommunications local exchange service provider to all pay phone service providers;
(C) local directory assistance revenue; (D) line status verification/busy interrupt
revenue; (E) local operator assistance revenue; and (F) nonrecurring local exchange
service revenue which shall include customer service for installation of lines,
reconnection of service and charge for duplicate bills. All other revenues, including, but
not limited to, revenues from extended area service, the sale of lease of unbundled
network elements, nonregulated services, carrier and end user access, long distance,
wireless telecommunications services, lines providing only data service without voice
services processed by a telecommunications local exchange service provider,
privateline service arrangements, internet, broadband and all other services not wholly
local in nature are excluded from gross receipts. Gross receipts shall be reduced by
bad debt expenses. Uncollectible and late charges shall not be included within gross
receipts. If a telecommunications local exchange service provider offers additional
services of a wholly local nature which if in existence on or before July 1, 2002, would
have been included with the definition of gross receipts, such services shall be included
from the date of the offering of such services in the city.
IILocal exchange service" means local switched telecommunications service within
any local exchange service area approved by the state corporation commission,
regardless of the medium by which the local telecommunications service is provided.
The term local exchange service shall not include wireless communication services.
IITe/ecommunications local exchange service provider" means a local exchange
carrier as defined in subsection (h) of K.S.A. 66-1,187, and amendments thereto, and a
telecommunications carrier as defined in subsection (m) of K.S.A. 66-1,187, and
amendments thereto, which does, or in good faith intends to, provide local exchange
service. The term telecommunications local exchange service provider does not
include an interexchange carrier that does not provide local exchange service,
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competitive access provider that does not provide local exchange service or any
wireless telecommunications local exchange service provider.
llTe/ecommunications services" means providing the means of transmission,
between or among points specified by the user, of information of the user's choosing,
without change in the form or content of the information as sent and received.
SECTION 3. Compensation made pursuant to this contract franchise ordinance shall
be paid on a quarterly basis without invoice or reminder from the City and paid not later
than forty-five (45) days after the end of the remittal period. For the first year of this
contract franchise ordinance, said compensation shall be a sum equal to [$ 0 per
access line U H r e e percent l..:,;L %) of gross receipts]. Thereafter, compensation for
each calendar year of the remaining term of the contract franchise ordinance shall
continue to be based on a sum equal to [$ D per access lineU+Arl"f percent (~%)
of gross receipts]; unless the City notifies SSC Kansas prior to ninety days (90) before
the end of the calendar year that it intends to increase or decrease the percentage of
gross receipts for the following calendar year or that it intends to switch to an access
line fee for the following calendar year. In the event City elects compensation based on
an access line fee, nothing herein precludes City from switching back to a gross
receipts fee provided City notifies SSC Kansas prior to ninety days (90) before the end
of the calendar year that it intends to elect a gross receipts fee for the following
calendar year. Any increased access line fee or gross receipt fee shall be in
compliance with the public notification procedures set forth in subsections (I) and (m)
K.S.A. 2002 Supp. 12-2001.
SECTION 4: The City shall have the right to examine, upon written notice to the
telecommunications local exchange service provider, no more than once per calendar
year, those records necessary to verify the correctness of the compensation paid
pursuant to this contract franchise ordinance.
SECTION 5. As a condition of this contract franchise ordinance, SSC Kansas is
required to obtain and is responsible for any necessary permit, license, certification,
grant, registration or any other authorization required by any appropriate governmental
entity, including, but not limited to, the City, the Federal Communications Commission
(FCC) or the Kansas Corporation Commission (KCC), subject to SSC Kansas' right to
challenge in good faith such requirements as established by the FCC, KCC or other
City Ordinance. SSC Kansas shall also comply with all applicable laws, statutes and/or
ordinances, subject to SSC Kansas' right to challenge in good faith such laws, statutes
and/or ordinances.
SECTION 6: Nothing herein contained shall be construed as giving SSC Kansas any
exclusive privileges, nor shall it affect any prior or existing rights of SSC Kansas to
maintain a telecommunications system within the City.
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SECTION 7: SSC Kansas shall collect and remit compensation as described in
Section 3 on those access lines that have been resold to another telecommunications
local exchange service provider.
SECTION 8: The City agrees to provide SSC Kansas with notification in the event that
it annexes property into the corporate boundaries of the City that would require SSC
Kansas to collect and pay a franchise fee on which prior to the annexation of the
property SSC Kansas was not required to pay a franchise fee. The City agrees to
provide SSC Kansas with notification in the event the City renumbers or renames any
streets that would require SSC Kansas to collect and pay a franchise fee for on which
prior to the renumbering or renaming of the streets SSC Kansas would not have been
required to pay a franchise fee. The City agrees that in the event the City does not
provide SSC Kansas with notice of an annexation or renumbering and/or renaming of
the streets, sac Kansas is not liable to the City for payment of franchise fees on the
annexation or renumbered and/or renamed streets prior to the City providing notice to
SSC Kansas of such.
SECTION 9: Any required or permitted notice under this contract franchise ordinance
shall be in writing. Notice upon the City shall be delivered to the city clerk by first class
United States mail or by personal delivery. Notice upon SSC Kansas shall be delivered
by first class United States mail or by personal delivery to:
Southwestern Sell Telephone L. P.
Cindy Zapletal
Director-External Affairs
1640 Fairchild Avenue, First Floor
Manhattan, Kansas 66502
SECTION 10: Failure to Enforce. The failure of either party to enforce and remedy any
noncompliance of the terms and conditions of this contract franchise ordinance shall
not constitute a waiver of rights nor a waiver of the other party's obligations as provided
herein.
SECTION 11: Force Maieure. Each and every provision hereof shall be subject to acts
of God, fires, strikes, riots, floods, war and other disasters beyond SSC Kansas' or the
City's control.
SECTION 12: SSC Kansas has entered into this contract franchise ordinance as
required by the City and K.S.A. 2002 Supp. 12-2001. If any clause, sentence, section,
or provision of K.S.A. 2002 Supp. 12-2001, and amendments thereto, shall be held to
be invalid by a court of competent jurisdiction, either the City or SSC Kansas may elect
to terminate the entire contract franchise ordinance. In the event a court of competent
jurisdiction invalidates K.S.A. 2002 Supp. 12-2001, and amendments thereto, if SSC
Kansas is required by law to enter into a contract franchise ordinance with the City, the
parties agree to act in good faith in promptly negotiating a new contract franchise
ordinance.
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SECTION 13: In entering into this contract franchise ordinance, neither the City's nor
SBC Kansas present or future legal rights, positions, claims, assertions or arguments
before any administrative agency or court of law are in any way prejudiced or waived.
By entering into the contract franchise ordinance, neither the City nor SBC Kansas
waive any rights, but instead expressly reserve any and all rights, remedies, and
arguments the City or SBC Kansas may have at law or equity, without limitation, to
argue, assert, and/or take any position as to the legality or appropriateness of this
contract franchise ordinance or any present or future laws, ordinances, and/or rulings
which may be the basis for the City and SBC Kansas entering into this contract
franchise ordinance.
SECTION 14: This contract franchise ordinance is made under and in conformity with
the laws of the State of Kansas. No such contract franchise ordinance shall be
effective until the ordinance granting the same has been adopted as provided by law.
Passed by the Council the :l /~
Approved by the Mayor the ::1. I ~
day of "m~
day of "-n1 ~
,201>>.
,2006.
(SEAL) ~JIJ~
, Mayor
ATTEST:
AP~~~
",uA7-'- -< &,;ttiA
City Clerk
City Attorney
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