(A) No person may be issued an OVS franchise, or commence construction of an OVS, until:
(1) It agrees to match in all respects the highest PEG obligations borne by any cable system operator in the city; or
(2) It agrees to PEG obligations acceptable to the city.
(B) Any OVS operator that constructs an institutional network must match in all respects the highest institutional network obligations borne by any cable system operator in the city, unless it agrees to alternative institutional network obligations acceptable to the city.
(C) Every OVS franchise shall specify the construction schedule that will apply to any required construction, upgrade, or rebuild of the OVS. The schedule shall provide for prompt completion of the project, considering the amount and type of construction required.
(D) Each OVS operator shall perform at its expense such tests as may be necessary to show whether or not the OVS grantee is in compliance with its obligations under this article, its franchise, and applicable law.
(E) Every OVS grantee must satisfy customer service consumer protection requirements established from time to time under state or local law and applicable to OVS. The Mayor may establish customer service regulations and apply those regulations to OVS.
(F) If an OVS grantee's FCC certification is revoked or otherwise terminates as a result of the passage of time or as a matter of law, the city may revoke the OVS franchise after a hearing. The OVS franchise may also be revoked if federal regulations or statutory provisions governing OVS are declared invalid or unenforceable, or are repealed.
(G) The city may regulate an OVS grantee's rates and charges except as prohibited by law, and may do so by amendment to this article, separate ordinance, by amendment to an OVS franchise, or in any other lawful manner.
(H) In lieu of a franchise fee, an OVS grantee shall pay to the city a fee in lieu of the franchise fee of 5% of gross revenues.
(I) Persons leasing capacity from an OVS grantee shall pay a fee in lieu of a franchise fee.
(1) A person leasing capacity from an OVS operator, other than a person whose revenues are included in the payment made under Section 13-5-1-28(H) shall pay the city monthly a fee in lieu of the franchise fee of 5% of the gross revenues of such person.
(2) Notwithstanding the foregoing, where a person, other than an affiliate, pays an OVS grantee to use its grantee's OVS (the "use payments"); and that person recovers those use payments through charges to its subscribers that are included in that person's gross revenues; and the OVS grantee pays a franchise fee on those use charges; then that person may deduct from its gross revenues the use payments it makes.
(3) The term "gross revenues," when used with reference to a person leasing capacity from an OVS operator, shall mean all the revenues of such person, or affiliate, derived from the use of the OVS to provide cable service. The term shall be interpreted broadly to include revenue in whatever form derived, including but not limited to in-kind compensation.
(J) An OVS grantee may not enter into any arrangement that would effectively prevent other persons from using the OVS to compete in the delivery of cable services with an OVS grantee or its affiliates.
(Ord. 24-2002)