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For the purpose of this Chapter the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. Words not defined shall be given their common and ordinary meaning.
(a) “Incumbent Cable Provider” means any person who on the effective date of this Section is the holder of a cable franchise agreement with the City as granted pursuant to requirements of 47 U.S.C. 541.
(b) “PEG” means activities or actions performed for the benefit of public, educational and government video programming by the City or any other community or educational access programming entity or affiliate.
(c) “Video Service” means the service defined in Ohio R.C. Section 1332.21(J).
(d) “Video Service Authorization or VSA” means the authorization granted to a video service provider in accordance with the requirements of Ohio R.C. Sections 1332.21 to 1332.34 et seq.
(e) “Video Service Provider Fee” or “VSP Fee” means the fee paid by a VSP in accordance with the requirements of Ohio R.C Section 1332.32.
(f) “Video Service Provider” or “VSP” means a person, firm, or corporation granted a video service authorization under Ohio R.C. Sections 1332.21 to 1332.34 et seq.
(Ord. 2007-163. Passed 12-3-07.)
In accordance with the requirements of Ohio R.C. Section 1332.32, all VSPs providing video service in the City pursuant to a VSA obtained from the Director of the Ohio Department of Commerce shall pay a VSP Fee in the amount of three percent (3%) of gross revenues received from providing Video Service in the City, which gross revenue base shall include advertising revenues as defined by Ohio R.C. Section 1332.32(B)(2)(g). The VSP Fee shall be paid quarterly, not later than sixty (60) days after the end of each calendar quarter.
(Ord. 2007-163. Passed 12-3-07.)
Upon receipt of notice from a VSP that it will begin providing Video Service in the City pursuant to a state-issued video service authorization, the Mayor or his/her designee is authorized and directed to provide such VSP with notice of the VSP Fee as determined by Section 933.03 which notice shall be delivered in a manner that provides for proof of timely delivery.
(Ord. 2007-163. Passed 12-3-07.)
Pursuant to a VSA, the Mayor or his/her designee is authorized and directed to provide such VSP with notice that the VSP shall be required to provide the same number of PEG channels in the City under the same service tier conditions and subject to the same channel reclamation conditions as may be proscribed by Ohio R.C. 1332.30(A)(1)(a-b) for the Incumbent Cable Provider with the most recent obligation. Upon receipt of notice from a VSP that it will begin providing Video Service in the City, which notice shall be delivered in a manner that provides for proof of timely delivery and shall state the appropriate number of PEG channels and service tiers required to be provided by the VSP within the City within one hundred and twenty (120) days after delivery of such notice.
(Ord. 2007-163. Passed 12-3-07.)
In accordance with the requirements of Ohio R.C. Section 1332.30, if any PEG access channels provided to the City by an Incumbent Cable Provider or VSP are required to be programmed by the City with at least forty (40) hours of non-character generated content per week with at least sixty percent (60%) of the programming being non-repeat and locally produced, for the purposes of this Section "non-repeat and locally produced" shall mean, the first three (3) playbacks of programming produced or provided by any local resident, any community or educational access programming entity or affiliate, the City, or any local public or private agency that provides services to residents of the greater Cleveland metro area, or any transmission of a meeting or proceeding of any local, state, or federal governmental entity.
(Ord. 2007-163. Passed 12-3-07.)
Any VSP Fee payments required to be paid to the City by a VSP shall be made quarterly and be remitted directly to the City via a negotiable instrument made payable to the City of Beachwood, 25325 Fairmount Boulevard Beachwood, Ohio 44122, not later than sixty (60) days after the end of a calendar quarter.
(Ord. 2007-163. Passed 12-3-07.)
(Ord. 2007-163. Passed 12-3-07.)
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