§ 9-80. Determination of fees.

The fees to be paid by Telecommunications Companies to the Village for occupation of the Village's rights-of-way shall be determined as follows:

(a)

Any Telecommunications Company providing local telephone service, as defined in F.S. § 203.012(3), (2000), in the Village and that is occupying municipal Streets or rights-of-way within the corporate limits of the Village with poles, wires or other fixtures, shall pay to the Village a fee in the amount of one percent of the gross receipts on recurring local service revenues for services provided within the corporate limits of the Village by such Telecommunications Company. Included within the fee are all taxes, licenses, fees, in-kind contributions accepted pursuant to F.S. § 337.401, (2000), and other impositions except ad valorem taxes and amounts for assessments for special benefits, such as Sidewalks, Street pavings, and similar improvements, and occupational license taxes levied or imposed by the Village upon the Telecommunications Company.

(b)

In the event that a Telecommunications Company that provides telecommunications services defined as toll services in F.S. § 203.012(7), (2000), occupies the Village's rights-of-way, the Telecommunications Company shall pay to the Village, annually, at a rate of $500.00 per linear mile, which amount is prorated for any portion thereof, for any cable, fiber optic, or other pathway that makes physical use of the Village's rights-of-way. Such annual fee shall be prorated to reflect the expiration date of this article and shall be payable annually, in advance. If a Telecommunications Company that is required to pay a fee pursuant to this subsection increases the amount of its facilities occupying the Village's rights-of-way after such advance payment has been made, but prior to the expiration date of this article, the fees due for the additional facilities shall be prorated and paid in full at the time the facilities are installed in the Village's rights-of-way.

(c)

The fee or other consideration imposed pursuant to subsection (b) shall not apply in any manner to any Telecommunications Company that provides local telephone service as defined in F.S. § 203.012(3), (2000), for any services provided by such Telecommunications Company.