(A) Payment of franchise fee.
(1) During the term of any franchise granted pursuant to this chapter, the franchisee shall pay to franchisors for the use of the public streets, as well as the maintenance, improvements, and supervision thereof, an annual franchise fee as specified in the franchise agreement.
(2) Each payment shall be accompanied by supporting information, verified by an officer of the franchisee, containing a detailed, accurate statement of the franchisee’s gross revenues and the computation of the payment amount, in the form and containing the information specified in the format in Table 111.05 below.
Table 111.05: Carroll Cable Regulatory Commission Quarterly Franchise Fee Payment | ||||
Description | First Month | Second Month | Third Month | Total Quarterly Payment |
Table 111.05: Carroll Cable Regulatory Commission Quarterly Franchise Fee Payment | ||||
Description | First Month | Second Month | Third Month | Total Quarterly Payment |
Subscriber revenues: | ||||
1 Basic | ||||
2 Premium | ||||
3 Pay-per-view | ||||
4 Digital programming | ||||
5 Non-standard | ||||
6 Additional outlets | ||||
7 High-speed Internet | ||||
8 Cinemax | ||||
9 Digital TV | ||||
12 Starz | ||||
13 The Movie Channel | ||||
14 Encore | ||||
15 Flix | ||||
16 Fox Sports | ||||
17 Music | ||||
18 On Demand | ||||
19 Installations | ||||
20 Guides | ||||
21 Equipment rentals | ||||
22 Late charges | ||||
23 Returned check charges | ||||
24 Miscellaneous | ||||
25 FCC regulatory fees | ||||
26 Franchise fee revenues | ||||
27 Other subscriber revenues | ||||
Nonsubscriber revenues: | ||||
31 Advertising revenues | ||||
32 Advertising commission | ||||
33 Infomercials | ||||
34 Shopping channels | ||||
35 QVC | ||||
36 Local origination | ||||
37 Miscellaneous | ||||
38 Rental income | ||||
39 Leased access | ||||
40 Launch fees | ||||
41 Incentives | ||||
42 Distribution fees | ||||
43 Cooperative advertising | ||||
44 Marketing support | ||||
45 Other nonsubscriber revenues | ||||
46 Less: bad debt - non-subscriber revenues | ||||
47 Total nonsubscriber revenues [3] | ||||
48 Allocation percentage | ||||
49 Allocated non-subscriber revenues [L.47 x L.48] | ||||
50 Total gross revenues [L.29 + L.49] | ||||
51 Franchise fee rate | 5% | 5% | 5% | 5% |
52 Quarterly franchise fee payment [4] | ||||
Notes: | ||||
[1] Provide this schedule for each consortium member with every quarterly franchise fee payment. | ||||
[2] If this list of categories is incomplete, please modify to ensure that each category of service offered to subscribers is included on this schedule. | ||||
[3] If this list of categories is incomplete, please modify to ensure that each category of non-subscriber revenues recorded on the general ledger is included on this schedule. | ||||
[4] For each consortium member, please attach a copy of the “Revenue Detail Report” with every quarterly payment. | ||||
(B) No accord or satisfaction. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claims CCRC or the franchisors may have for further or additional sums due or payable as a franchise fee under the franchise agreement or for the performance of any other obligation of the franchisee hereunder, or as an acknowledgment that the amount paid is the correct amount due.
(C) Late fees and interest.
(1) Any unpaid fees shall be subject to interest charges computed from the due date, at an annual rate equal to the commercial prime interest rate of the County Commissioners’ primary depository bank during the period such unpaid amount is owed.
(2) If any franchise fee payment is not made on or before the required date, the franchisee shall pay a late payment charge of 5% of the amount originally due, as a cost incidental to the enforcing of the franchise, in addition to the interest charge specified in division (C)(1) above. This charge shall be applicable only with respect to late payment of an undisputed amount. If it is later determined as a result of a dispute or audit that there was an underpayment on a payment that was timely made, the 5% charge shall not be applicable.
(D) Discounts on bundled services. For purposes of calculating franchise fee payments, any discount reflected in an aggregated bill for services which include cable services and noncable services will be allocated proportionately to the bundled services.
(2004 Code, § 93-5) (Ord. 41, passed 4-28-1983; Ord. 08-10, passed 12-18-2008)