Chapter 5.06
BUSINESS REGISTRATION OF TELECOMMUNICATIONS CARRIERS AND PROVIDERS
Sections:
5.06.010 Purpose of telecommunications business registration.
5.06.030 Telecommunications business registration required.
5.06.040 Business registration fee.
5.06.070 Fees and compensation not a tax.
Legislative history: Ord. 97-426.
5.06.010 Purpose of telecommunications business registration.
The purpose of telecommunications business registration is to:
A. Provide the city with accurate and current information concerning the cable operators and telecommunications carriers and providers who offer or provide services within the city, or who own or operate facilities within the city;
B. Assist the city in enforcement of Chapter 12.16 MCMC;
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.
Nothing in this chapter shall be deemed to create an obligation upon any person which the city is forbidden to require pursuant to federal, state, or other law.
5.06.020 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 a person who (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.
"Cable facilities" 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 Federal Cable Act.
"Cable service" for the purpose of this chapter shall have the same meaning provided by the Federal Cable Act.
"City" means the city of Mill Creek, Washington.
"Operator" means the person, firm or corporation to whom a franchise is granted pursuant to any provisions of the Mill Creek Municipal Code.
"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 property within the city, used or to be used for the purpose of offering telecommunications service.
"Telecommunications facilities" means the plant, equipment and property, including but not limited to cables, wires, conduits, ducts, pedestals, antennas, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services.
"Telecommunications provider" means and includes every person who provides telecommunications services over telecommunications facilities without any ownership or management control of the facilities.
"Telecommunications service" means the providing or offering for rent, sale or lease, or in exchange for other value received, 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.
5.06.030 Telecommunications business registration required.
All cable operators, telecommunications carriers, and telecommunications providers who intend to use public right-of-way, public property, or city-owned property to provide any cable service or telecommunications service for a fee directly to the public, either within the city or outside the corporate limits from cable or telecommunications facilities within the city, shall, on an annual basis, apply for and obtain a telecommunications business registration from the city pursuant to this chapter on forms to be provided by the city, which shall include the following:
A. The identity and legal status of the applicant, including any affiliates;
B. The name, address, telephone number, and title of the officer, agent or employee responsible for the accuracy of the business license application statement;
C. A description of applicant’s existing or proposed facilities within the city;
D. 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;
E. Information sufficient to determine whether the applicant is subject to the public right-of-way permitting and/or franchising requirements imposed by Chapter 12.16 MCMC;
F. 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;
G. Information sufficient to determine that the applicant has applied for and received any certificate of authority required by any federal or state agency to provide telecommunications services or facilities within the city;
H. Information sufficient to determine that the applicant has applied for and received any construction permit, operating license or other approvals required by the Federal Communications Commission to provide services or construct facilities within the city;
I. Telecommunications providers shall not be required to obtain a telecommunications business registration until such time as the city amends this chapter.
5.06.040 Business registration fee.
Each initial and all subsequent annual applications for a telecommunications business registration shall be accompanied by an application fee to be set by resolution of the city council for the purpose of reimbursing the city for administrative expenses associated with processing the application.
5.06.050 General penalties.
A. Civil Penalty.
1. Any person, and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business, violating or failing to comply with any of the provisions of this chapter shall be subject to a penalty in an amount not less than $100.00 nor more than $1,000 per day for each violation from the date set for compliance until compliance with the order is achieved.
2. The penalty imposed by this section shall be collected by civil action brought by the city. The city manager or designee shall notify the city attorney in writing of the name of any person subject to the penalty, and the city attorney shall, with the assistance of the city manager or designee, take appropriate action to collect the penalty.
3. The violator may show as full or partial mitigation of liability:
a. That the violation giving rise to the action was caused by the willful act, or neglect, or abuse of another; or
b. That correction of the violation was commenced promptly upon receipt of the notice thereof, but that full compliance within the time specified was prevented by factors or circumstances beyond the reasonable control of the violator.
B. Criminal Penalties.
1. Any person, and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business, violating or failing to comply with any of the applicable provisions of this chapter and who has had a judgment entered against him or her pursuant to subsection A of this section or its predecessors within the past five years shall be subject to criminal prosecution and upon conviction of a subsequent violation shall be fined in a sum not exceeding $5,000 or be imprisoned for a term not exceeding one year or be both fined and imprisoned. Each day of noncompliance with any of the applicable provisions of the chapter shall constitute a separate offense.
2. The above criminal penalty may also be imposed:
a. For any other violation of this chapter for which corrective action is not possible;
b. For any willful, intentional, or bad faith failure or refusal to comply with the standards or requirements of this chapter; or
c. For any violation of a stop work or other order issued pursuant to this chapter.
C. 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 civil or criminal penalties are inadequate to effect compliance. Furthermore, violation of the terms of this chapter shall be grounds for revocation of any authorization, approval, franchise, or lease issued or granted pursuant to Chapter 12.16 MCMC.
5.06.060 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 or the application of general penalties specified in Chapter 1.16 MCMC.
5.06.070 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 telecommunications carrier or provider, its customers or subscribers or on account of the lease, sale, delivery or transmission of telecommunications services.