§ 5.95.010. Telecommunications and video service.

(a)

Every business entity providing telecommunications service within the city must obtain and pay for an annual business license. Every business entity providing video service within the city as defined by NRS 711.141 must obtain a certificate of authority issued by the Secretary of State pursuant to NRS chapter 711. The fee for such license, or franchise fee for such certificate of authority, is payable to the city not later than 30 calendar days after the end of each calendar quarter and shall be five percent of the total gross receipts.

(b)

"Total gross receipts" means:

(1)

Revenue received from customers located within the city for local or intrastate telecommunications service;

(2)

In the case of a "commercial mobile radio service" as defined in Part 20 of Title 47 of the Code of Federal Regulations, revenue received from the first $15.00 charged monthly for each line of access for each of its customers located within the city; or,

(3)

In the case of a "video service provider", "gross revenue" as defined by NRS 711.066, as amended.

(c)

A license or franchise fee not received or postmarked within 30 calendar days after the end of each calendar quarter shall be delinquent and the business entity that is subject to this ordinance shall pay, in addition to the fee, a penalty of two percent per month of the delinquent amount.

(d)

Each telecommunications company which derives or intends to derive revenue from customers located within the city shall, not later than 60 calendar days after the effective date of this ordinance or 30 calendar days before the company begins to provide telecommunications service to those customers, whichever occurs later, provide to the city:

(1)

An acknowledgment that the company is operating or intends to operate within the city; and

(2)

The date that the company began or intends to begin to derive revenue from customers located within the city.

(e)

A business entity that is subject to this ordinance shall, not later than 30 calendar days after the end of each calendar quarter, provide to the city a statement of the amount of revenue the public utility derived during that calendar quarter from the sale of a telecommunication or video service to each of its customers located within the city.

(f)

Rights-of-way.

(1)

Subject to state law, the provisions contained herein, and to any other applicable provisions of the Reno Municipal Code, licensees shall have a nonexclusive revocable privilege to construct, install, operate and maintain communications lines in, under, along, over and across public ways in the city. As used herein, the term public ways means the surface of and the space above and below any public street, sidewalk, rights-of-way, alley, right-of-way easements, or other public way of any type.

(2)

Construction or installation in the public ways shall be subject to the provisions contained in Chapter 12.08 of the Reno Municipal Code, the latest adopted edition of the Standard Specifications for Public Works Construction, the Standard Details for Public Works Construction, the City of Reno Public Works Design Manual and the City of Reno Standard Details. Such publications shall be available for public inspection and review at the office of the city engineer.

(3)

A business entity that is subject to this ordinance shall submit construction drawings for city approval prior to performing any construction or installation in the public way. In the case of excavations in the public way, the licensee shall reimburse the city for related administrative costs, costs of asphalt replacement and the cost of full-time inspection of the construction or installation.

(4)

Upon completion of any construction or installation in the public way, the business entity must provide the city with "as built" construction drawings within 30 days of the completion of the work.

(5)

When directed by the city, in writing, a business entity that is subject to this ordinance shall, at its own expense, perform any necessary alterations, maintenance or relocation of its property installed or located in the public way.

(6)

All excavations and other construction in the public ways shall be carried on to interfere as little as practicable with the use of public and private property and in accordance with any direction given by the city under the police and regulatory powers of the city.

(g)

A business entity that is subject to this ordinance shall maintain in full force and effect commercial general liability insurance with an insurance company licensed to do business in the State of Nevada.

(1)

Limits of liability shall be at least $3,000,000.00 combined single limit per occurrence. Any deductibles or self-insured retentions must be approved by the city.

(2)

The city, its officers, agents, and employees must be named as additional insureds and the policy must contain a provision for 30 days' notice to the city of cancellation, non-renewal, or material change.

(Ord. No. 4765, § 1, 7-8-97; Ord. No. 6134, § 1, 12-2-09)