Arizona Laws 11-1943. License fee; requirements; conditions and limitations; pass through to subscribers
A. For the privilege of a video service provider to occupy or use, in whole or in part, any highway within the boundaries of a county to provide video service through a video service network, the county may require a video service provider to pay a license fee to the county based on the gross revenue that the video service provider receives from its subscribers located within the boundaries of the county. The license fee both:
Terms Used In Arizona Laws 11-1943
- boundaries: means all of the area of the county that is not within the corporate limits of any city or town, including unincorporated territory that is surrounded on all sides by a combination of one or more cities, towns or Indian reservations. See Arizona Laws 11-1901
- Highway: means all roads, streets and alleys and other dedicated public rights-of-way that are operated and maintained by the county. See Arizona Laws 11-1901
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Incumbent cable operator: means a cable operator or other video service provider that on December 31, 2019 is providing video service in this state pursuant to a local license. See Arizona Laws 11-1901
- Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
- License: means a franchise as defined in 47 United States Code § 522. See Arizona Laws 11-1901
- License fee: means a license fee imposed by a county on a video service provider for using the highways to provide and for the privilege of providing video service. See Arizona Laws 11-1901
- Local law: means any code, ordinance, resolution, regulation or other law of a county. See Arizona Laws 11-1901
1. Is subject to the limit prescribed by section 11-1942, subsection B and to offset, including amounts collected from subscribers, as prescribed by section 11-1942, subsections A and I and subsection D of this section.
2. Shall be due no more often than quarterly.
B. If the county requires a license fee pursuant to subsection A of this section, the county shall adopt a local law that imposes the license fee equally and uniformly on all of the following that are operating within the boundaries of the county:
1. Video service providers.
2. Holdover cable operators.
C. A video service provider shall pay the entire amount of the license fee directly to the county in a check, draft or note or automated clearinghouse transaction that is payable in legal tender as defined in section 43-1021.
D. A video service provider may do all of the following:
1. Pass the license fee through to and collect the license fee from its subscribers within the boundaries of the county, including for an incumbent cable operator any change in license fees that results from a change in the applicable definition of gross revenue.
2. Designate the amount of the license fee collected from each subscriber as a separate line item on the subscriber’s bill.