§ 451.40. Fees and charges.  


Latest version.
  • (a) The city may recover its right-of-way management costs by imposing:

    (1)

    A fee for registration;

    (2)

    A fee for each right-of-way or small wireless facility permit, or, when appropriate;

    (3)

    A fee applicable to a particular telecommunications right-of-way user when that user causes the local government unit to incur costs as a result of actions or inactions of that user.

    The city shall not recover costs from a telecommunications right-of-way user or an owner of a cable communications system awarded a franchise under Minnesota Statutes, Chapter 238 caused by another entity's activity in the right-of-way.

    (b)

    Fees, or other right-of-way obligations, imposed by the city on telecommunications right-of-way users under this section shall be:

    (1)

    Based on the director's reasonable determination of the actual costs incurred by the city and affiliated agencies in managing the public right-of-way;

    (2)

    Based on the director's reasonable determination of an allocation among all users of the public right-of-way, including the city itself and affiliated agencies, which shall reflect the proportionate costs imposed on the city and affiliated agencies by each of the various types of uses of the public rights-of-way;

    (3)

    Imposed based on the director's reasonable determination based on a competitively neutral basis; and

    (4)

    Imposed on the director's reasonable determination in a manner so that aboveground uses of public rights-of-way do not bear costs incurred by the city and affiliated agencies to regulate underground uses of public rights-of-way.

    (c)

    The rights, duties, and obligations regarding the use of the public right-of-way imposed under this section shall be applied to all users of the public right-of-way, including the city and affiliated agencies, while recognizing regulation must reflect the distinct engineering, construction, operation, maintenance and public and worker safety requirements, and standards applicable to various users of the public rights-of-way. For users subject to the franchising authority of the city, to the extent those rights, duties, and obligations are addressed in the terms of an applicable franchise agreement, the terms of the franchise shall prevail over any conflicting provision in an ordinance.

    (d)

    A communications services provider may collocate small wireless facilities on wireless support structures owned or controlled by the city and located within the public roads or rights-of-way managed by the city without being required to apply for or enter into any individual license, franchise, or other agreement with the city or any other entity, other than a standard small wireless facility collocation agreement prepared by the city pursuant to the authority of Minnesota Statutes, Section 237.163, subdivision 3a, paragraph (f).

    (e)

    Any initial engineering survey and preparatory construction work associated with collocation must be paid by the cost causer in an amount reasonably determined by the director in the form of a one-time, nonrecurring, commercially reasonable, nondiscriminatory, and competitively neutral charge to recover the costs associated with a proposed attachment.

    (f)

    Total application fees for a small wireless facility permit issued pursuant to this chapter shall comply with Minnesota Statutes, Section 237.163, subdivision 6 with respect to costs related to the permit.

    (g)

    The director shall charge each small wireless facility attached to a wireless support structure owned by the city or affiliated agency a fee, in addition to other fees or charges allowed under Minnesota Statutes, Section 237.163, subdivision 6, consisting of:

    (1)

    One hundred fifty dollars ($150.00) per year for rent to occupy space on a wireless support structure;

    (2)

    Twenty-five dollars ($25.00) per year for maintenance associated with the space occupied on a wireless support structure; and

    (3)

    A monthly fee for electricity used to operate a small wireless facility, if not purchased directly from a utility, at the rate of:

    a.

    Seventy-three dollars ($73.00) per radio node less than or equal to one hundred (100) max watts;

    b.

    One hundred eighty-two dollars ($182.00) per radio node over one hundred (100) max watts; or

    c.

    The actual costs of electricity as reasonably estimated by the director, if the actual costs exceed the amount in item 451.40(g)(3)(a) or 451.40(g)(3)(b). ( 2015-Or-007 , § 1, 4-17-15; Ord. No. 2017-039 , § 2, 8-4-17)