Arizona Arizona Revised Statutes

§ 9-1442 — Fees and charges; emergency alert; damage; undergrounding; wireless facilities; definition

ARS § 9-1442Title 9. Cities and Towns · Ch. 13. VIDEO SERVICE · Art. 4. Local Governments

Statute text

9-1442. Fees and charges; emergency alert; damage; undergrounding; wireless facilities; definition A. Except the license fee on gross revenue authorized by section 9-1443 and transaction privilege taxes as provided in subsection B of this section, a local government may not levy a tax, rent, fee or charge, however denominated, on a video service provider for the use of the highways to provide video service or levy a tax, fee or charge on the privilege of engaging in the business of providing video service in the service area. Taxes, rents, fees and charges include all of the following: 1. Access channel support except for in-kind services, goods or payments as provided in subsection C of this section. 2. Rental, application, construction, permit, inspection, inconvenience and other fees and charges related to a video service provider's use of the highways, including the use authorized by subsection D of this section except that a local government may impose on a video service provider some or all of the fees and charges described in this paragraph. A video service provider shall offset the fees and charges imposed pursuant to this paragraph against the next license fee payment made pursuant to section 9-1443. B. Any transaction privilege taxes otherwise authorized by local law to be levied on the business of providing video service or in relation to use of the highways to provide video service may be levied on a video service provider if the taxes are levied only on gross revenue and the rate of the taxes is subject to this subsection. This subsection does not authorize the imposition of transaction privilege taxes on interstate telecommunications service. The license fee and any transaction privilege taxes levied on gross revenue constitute a franchise fee within the meaning of the term in 47 United States Code section 542(g). The total of the rates of the license fee and of any transaction privilege taxes on gross revenue levied or assessed by a local government for the privilege of providing video service and related use of the highways to provide video service may not exceed a rate of five percent. C. Subsection A of this section does not prohibit a local government from levying fees and charges on a video service provider or its affiliates pursuant to section 9-584 or pursuant to chapter 5, article 8 of this title without an offset against license fees. D. A local government may not require a video service provider to provide in-kind goods or services, make in-kind payments, assessments or obligations or pay a fee in addition to the monetary license fee levied or assessed as provided in section 9-1443, except for any of the following: 1. A local law may impose and enforce obligations equally and uniformly on all video service providers that are operating within the boundaries of a local government and on all holdover cable operators that hold a local license that remains in effect under section 9-1414, subsection A. Under the local law, a local government:

…