(a) Any municipality shall be deemed to have waived its right to receive all fees, charges and other compensation that might accrue to the municipality after the effective date of this Act, under any franchise agreement, license, or similar agreement, executed on or before January 1, 1998 with telecommunications retailers if:
        (1) the municipality imposes the tax authorized by
    
this Act at a rate exceeding 5%;
        (2) the municipality affirmatively waives such fees;
    
or
        (3) the municipality is included in the list
    
described in Section 5-25 of this Act as having an infrastructure maintenance fee in place.
    (b) This waiver shall be effective only during the time that either the infrastructure maintenance fee or the simplified tax authorized under this Act is subject to being lawfully imposed on the telecommunications retailer, collected by the municipality or the Department, and paid over to the municipality.
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     (c) No portion of this Act shall be construed to have repealed or amended the prohibition on franchise fees or other charges set forth in Section 30 of the Telecommunications Infrastructure Maintenance Fee Act.
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