ORDINANCE NO. 116-14
ORDINANCE TO AMEND CHAPTER 28 OF THE CODE OF ORDINANCES
OF THE CITY OF OPELIKA, ALABAMA TO ADD A NEW ARTICLE X
ENTITLED “RATES AND CHARGES FOR BUSINESS FIBER OPTIC SERVICES”
BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. Amendment. That Chapter 28 of the Code of Ordinances of the City of Opelika, Alabama, is hereby amended to add a new Article X entitled “Rates and Charges for Business Fiber Optic Services” to read as follows:
Article X Rates and Charges for Business Fiber Optic Services
Sec. 28-526. Application of Rate Schedules – Two Service Minimum Required
The rate schedules provided below are applicable for Video (Television), Data (Internet) and Voice (Telephone) Telecommunication services during a period of one month, such month to be either a calendar month or the equivalent between consecutive monthly billings. The rates and charges in this article apply only to business customers. All rates are subject to change. All prices exclude applicable taxes, fees and one time charges. Applicable taxes and fees will be added to the customer’s monthly bill.
Sec. 28-527. Schedule of Rates and Charges
There is hereby adopted by the City the following schedule of rates and charges for business Video (Television), Data (Internet) and Voice (Telephone) Telecommunication services:
BUSINESS – TWO SERVICE MINIMUM REQUIRED
OPS Business Bundles
| Data / Internet Fiber Delivered | Description
|
2 Year | |
| B Premiere 60/10 Mbps | Phone LD @ .05 cents per minute⁴ | Internet $95.00 / Phone $29.95 bundle | $124.95 |
| B Optimum 60/10 Mbps | Phone Unlimited LD ⁵ | Internet $95.00 / Phone $49.95 bundle | $144.95 |
| B Primary 10/5Mbps | Phone LD @ .05 cents per minute⁴ | Internet $68.00 / Phone $29.95 bundle | $97.95 |
| B Professional 10/5 Mbps | Phone Unlimited LD⁵ | Internet $68.00 / Phone $49.95 bundle | $117.95 |
| Taxes and Fees additional.
The bundles above only available with 2-year contract and no symmetrical upgrade.
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Data / Internet Fiber Delivered⁶ |
M/M rate | 2 Year | |||||||||||
| OPS B 30/15 Mbps³ | Download and Upload | $199.95 | $159.95¹ | ||||||||||
| OPS B 50/25 Mbps³ | Download and Upload | $259.95 | $209.95¹ | ||||||||||
| OPS B 100/50 Mbps³ | Download and Upload | $349.95 | $299.95¹ | ||||||||||
| OPS B 300/300 Mbps | Download and Upload | $1,500.00 | $1,200.00¹ | ||||||||||
| OPS B Gig | Download and Upload | $3,000.00 | $2,700.00¹ | ||||||||||
| Data / Internet Fiber Delivered.
Custom Build / Custom Design to Customer need. |
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| We understand that businesses have unique needs and requirements for service.
Please contact us to customize a solution for you. |
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| Additional block of 5 E-mail Accounts | $20.00 | ||||||||||||
| First Static IP | $15.00 | ||||||||||||
| Static IP Addresses Blocks of 5 | $25.00 | ||||||||||||
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Video / TV⁶ |
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| OPS B Video Essential | $64.95 | ||||||||||||
| OPS B Video Choice | 1st B HD STB included | $84.95 | |||||||||||
| OPS B Video Ultra | 1st B HD STB included | $99.95 | |||||||||||
| B Hospitality Video w/2 services (public viewing lobby/waiting room, etc.) Add $15 to video selection | |||||||||||||
| Equipment | |||||||||||||
| First B HD STB included | No charge | ||||||||||||
| Each additional B HD STB | $9.95 | ||||||||||||
| B HD/DVR STB | $9.95 | ||||||||||||
| DVR Service | $9.95 | ||||||||||||
| Unreturned HD or DVR Box, per box | $200.00 | ||||||||||||
| Replacement of damaged, lost or unreturned remote control
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$9.95 | ||||||||||||
| Tiers | |||||||||||||
| Sports Tier | $6.95 | ||||||||||||
| Latino Tier | $6.95 | ||||||||||||
| Premium Services | |||||||||||||
| HBO | $19.95 | ||||||||||||
| Showtime | $15.00 | ||||||||||||
| Cinemax | $19.95 | ||||||||||||
| Starz! | $15.00 | ||||||||||||
| Epix | $ 8.00 | ||||||||||||
| Voice / Telephone⁶
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Additional Phone | ||||||||||||
| OPS B Voice Essential | $29.95 | $27.95 | |||||||||||
| Caller ID (Name & Number) and Call Waiting w/ Caller ID (Name & Number) | Includes 2 Features and .05 cents pm LD within Continental US | ||||||||||||
| Voice Mail with feature pack (Call Forwarding Don’t Answer, Call Forwarding Busy Line, Star 98 Access, Message Waiting Indicator) | $6.00 | ||||||||||||
| OPS B Voice Ultra | $49.95 | $47.95 | |||||||||||
| Includes 11 Features and Unlimited LD⁵ | Caller ID (name and number), Call Waiting, Caller Id for Call Waiting (name and number), Call Trace/Call Return, 3 Way Calling, Voice Mail w/feature pack, | ||||||||||||
| Services | Block of 20 DIDs | $15.00 | |||||||||||
| Long Distance (per minute) | $0.05 | ||||||||||||
| 800 Service (monthly per number)⁴ | $5.00 | ||||||||||||
| Remote Call Forwarding Line (monthly) per line, LD charges apply if forwarded to LD # | $16.00 | ||||||||||||
| Remote Call Forward Line (per minute) in Continental US | $0.05 | ||||||||||||
| Toll Free Vanity Search per search | $5.00 | ||||||||||||
| Acct. Codes Verified per account | $5.00 | ||||||||||||
| Account Codes – Non-Verified per account | $4.00 | ||||||||||||
| Acct Codes-changes, per change order | $5.00 | ||||||||||||
| Subscriber Line Fee | $6.45 | ||||||||||||
| Directory Listing | |||||||||||||
| Non-Published Listing-Not published in directory or available from directory assistance | $5.50 | ||||||||||||
| Non-Listed Listing -Not published in directory | $5.50 | ||||||||||||
| Additional Listing / Alternate Listing | $5.50 | ||||||||||||
| Directory Assistance | |||||||||||||
| Directory Assistance (local & national) per call | $1.00 | ||||||||||||
| Directory Assistance – Live Operator Assisted (Local and National) per call | $2.50 | ||||||||||||
| International Directory Assistance, per call | $5.00 | ||||||||||||
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Operator Services |
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| Automated Operator Assisted Service Surcharge per call | $1.25 | ||||||||||||
| Live Operator Assistance Service per call | $2.50 | ||||||||||||
| Person to Person Operator Assisted per call | $5.00 | ||||||||||||
| Business Phone Plus Calling Features – EACH additional feature $3.00 each | |
| Hunting | Last Number Redial |
| Automatic Call Back | Call Forwarding Always |
| Anonymous Call Rejection | Three Way Calling |
| Call Waiting with Caller ID | Call Forwarding Remote Access |
| Call Transfer | Call Forwarding Busy |
| Caller ID | Call Forwarding No Answer |
| Call Forwarding Not Reachable | Call Return |
| Repeat Dial Speed Call 8 | Do Not Disturb |
| Standard Install – based on site evaluation and customer requirements | Varies | |
| Custom Install Hourly Rate/Bus Assistance | $75.00 | |
| Change of Service – Tech Required | $75.00 | |
| Change of Service – Tech Not Required | $5.00 | |
| Installation of New Outlet At Initial Install | $89.00 | |
| Installation of New Outlet Separate trip | $145.00 | |
| Activation of Existing Outlet at Initial Install | $69.00 | |
| Activation of Existing Outlet Separate Trip | $125.00 | |
| Add new STB-Separate trip (waived if upgrading to digital service) | $34.95 | |
| Service Call – Customer side of Demarc per customer request – hourly rate | Monday – Friday
Weekend and Holiday |
$75.00
$110.00 |
| Troubleshooting Issue on customer side of Demarc/Issue on OPS side of Demarc no charge/ hourly rate | Monday – Friday
Weekend and Holiday |
$75.00
$110.00 |
| Trip Charge / On site customer education after initial installation of services hourly rate | Monday – Friday
Weekend and Holiday |
$75.00
$110.00 |
| Wall Fish/Initial Install | $125.00 | |
| Wall Fish/Separate Trip | $150.00 | |
| NSF Check Fee | $30.00 | |
| Late Fee | 5{44c616e11cf70d617c8dd92fb0bc15f41001df771f775c6b004238009c89a3f0} or $5.00, whichever is higher | 5{44c616e11cf70d617c8dd92fb0bc15f41001df771f775c6b004238009c89a3f0} or $5 |
| Reactivation Fee | $25.00 | |
| Underground Fiber service drops beyond 200’ from ROW additional charges may apply | $ .50 foot | |
| Aerial Fiber service drops beyond 500’ from ROW additional charges may apply | $ .30 foot | |
| All rates are subject to change. Applicable fees and taxes apply and are additional costs to the account. Based upon credit rating, additional deposits may be required. |
| 1 Commercial installation charges are based on cost or contract terms.
With no contract, install is $300 min. Waived w/2 year contract. 2 All Internet packages include up to 5 email accts with 1 Gb storage per email account/address ³ Symmetrical and/or higher bandwidth Internet access services are available to commercial accounts on a customized basis. Symmetrical service available for an additional $50.00. Consult an OPS representative for additional information. ⁴ Per minute long distance usage rate also applies at $0.05 per min. ⁵ Unlimited long distance to the continental United States. Unlimited LD cannot be used for dial-up modems, telemarketing or similar applications. 6 Minimum of two services required for all businesses (i.e.: Video and Voice/Phone; Video and Data/Internet; Voice/Phone and Data/Internet, etc.). ⁷ Install does not include miscellaneous charges.
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Sec. 28-528. Changes to Video Programming
Video programming is subject to change. Whenever the Director of Opelika Power Services, with the approval of the Mayor, shall determine that changes in video programming are desirable, the Director shall have the authority to add, delete and substitute channels and programming in the packages, tiers and class of video services offered to the public.
Sec. 28-529. International Calling
Additional charges will apply for international calling. The Director of Opelika Power Services is authorized to set and adjust all charges for international calling to reflect the corresponding charges billed to Opelika Power Services for such calls by other long distance telephone carriers and providers. All charges for international calling will be added to the customer’s monthly bill.
Sec. 28-530. Custom Features and Products
The City offers many different custom calling features and products for businesses. Prices may vary based on the features, services and the equipment required to provide the features and services specified by the customer. The Director of Opelika Power Services, with the approval of the Mayor, shall determine the cost of custom products and specialized equipment when such products and equipment have to be purchased by Opelika Power Services outside the scope of the services and products identified in this article.
Sec. 28-531. Taxes and Regulatory Charges for Services
The customer is responsible for payment of any sales, use, gross receipts, excise, access or other local, state and federal taxes, charges, surcharges, or reimbursement of said taxes, charges, or surcharges, (however designated) imposed on or based upon the provision, sale, use of, or delivery of any services to the customer. All applicable taxes shall be added pro rata, insofar as practical, and shall be listed as separate line items in the customer’s billing invoices and are not included in the rates and charges listed in Section 28-527. OPS shall, so long as any tax or fee is in effect, add to the bills of the customers in such political entity pro rata insofar as possible on the basis of the revenue received by OPS from each such customer, an amount sufficient to recover any such tax or fee and list this amount separately in the bill. In accordance with §11-50B-6, Code of Alabama, the amount of the franchise-imposed fee OPS would have paid to the City of Opelika were it a private provider shall be added to the customer’s billing invoices and shall be listed as a separate line item. Any pole attachment fees which OPS would have paid to the City of Opelika were it a private provider are allocated to subscriber rates for video and telephone services and are included in the rates and charges listed in Section 28-527.
Section 2. Repealer Clause. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance or the article hereby adopted are repealed.
Section 3. Severability. If any section, clause, provision or portion of this Ordinance shall be held to be invalid or unconstitutional by any Court of any competent jurisdiction, said holding shall not affect any other section, clause, provision or portion of this Ordinance which is not in or of itself invalid or unconstitutional.
Section 4. Construction. If any section, paragraph or sentence or word of this Ordinance or the article hereby adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this Ordinance and the article hereby adopted independent of the elimination therefrom of such portion that may be declared invalid.
Section 5. Effective Date. This Ordinance and the article hereby adopted shall take effect and be enforced immediately upon its adoption and publication as required by law.
Section 6. Publication. The City Clerk of the City of Opelika, Alabama is hereby authorized and directed to cause this Ordinance to be published one (1) time in a newspaper of general circulation published in the City of Opelika, Lee County, Alabama.
ADOPTED AND APPROVED this the 3rd, day of June, 2014.
/s/C. E. “Eddie” Smith, Jr.
________________________________________
PRESIDENT OF THE CITY COUNCIL OF THE
CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ R. G. Shuman
___________________________________
CITY CLERK
TRANSMITTED TO MAYOR on this the 4th, day of June, 2014.
/s/R. G. Shuman
________________________________________
CITY CLERK
ACTION BY MAYOR
APPROVED this the 4th,day of June, 2014.
/s/Gary Fuller
________________________________________
MAYOR
ATTEST:
/s/ R. G. Shuman
___________________________________
CITY CLERK