A. The privilege tax for a telecommunications utility as defined in ORS 759.005, with equipment or facilities in the right of way and who provides service within the City is 7% of gross revenues as defined in ORS 221.515 .

B. The privilege tax for all others with equipment or facilities in rights of way within the City and serving City residents is 5% of gross revenues earned within the City, but in no event no less than $1,000 per quarter. All others includes, but is not limited to, telecommunications services providers, except telecommunications utilities.

C. The privilege tax for those with antennas or other facilities in the right of way, e.g., wireless/CMRS providers, will be as negotiated and agreed to by the City and provider.

D. The privilege tax for persons who do not provide service within the City but who have equipment or facilities in rights of way is $.75 per calendar quarter per foot of line, wire, pipe, or conduit in the right of way.

E. The privilege tax is cumulative for each utility service provided by a utility.

F. The calculation of the privilege tax required by this section is subject to all applicable limitations imposed by federal or state law.

G. Privilege tax payments required by this section shall be reduced by any franchise fee payments received by the City, but in no case will be less than $0.