Limitations on fees applicable to public utilities: Adoption of ordinance imposing or increasing fee prohibited under certain circumstances

A city or county shall not adopt an ordinance imposing or increasing a fee: 1. If that ordinance would alter the terms of any existing franchise agreement between the city or county and a public utility. 2. That applies to any public utility which does not derive revenue from customers located within the jurisdiction of the city or county. 3. If, after the adoption of the ordinance: (a) Any part of a fee to which the ordinance applies will be based upon any revenue of a public utility other than its revenue from customers located within the jurisdiction of the city or county. (b) The total cumulative amount of all fees the city or county imposes upon a public utility to which the ordinance applies will exceed: (1) Except as otherwise provided in subparagraph (2), 5 percent of the utility’s gross revenue from customers located within the jurisdiction of the city or county. (2) For a public utility that sells or resells personal wireless services, 5 percent of its gross revenue from the first $15 charged monthly for each line of access for each of its customers whose place of primary use is located within the jurisdiction of the city or county.