4-280-570 Reserved.

Editor's note – Coun. J. 5-9-12, p. 27485, § 139, repealed former § 4-280-760, which pertained to severability. Coun. J. 4-24-12, p. 23998, § 1, however, had previously renumbered that section as this § 4-280-570, which has been removed from this code at the discretion of the editor. Future legislation will correct the provision if needed.

ARTICLE XI. COLLECTION OF FEES FROM HOLDERS OF STATE-ISSUED AUTHORIZATIONS TO PROVIDE CABLE SERVICES AND VIDEO SERVICES (4-280-580 et seq.)

4-280-580 Definitions.

   As used in this Article, "gross revenues" has the meaning ascribed to the term in 220 ILCS 5/21-801.

   Any other word or phrase used in this Article that is defined in the Cable and Video Competition Law of 2007 has the meaning ascribed to the term in that Law.

(Added by Coun. J. 9-5-07, p. 5996, § 2; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-580 as § 4-280-500, and renumbered this section, which was formerly § 4-280-770, as § 4-280-580.

4-280-590 Payment of service provider fee.

   All cable or video service providers that provide services on a commercial basis in the City of Chicago and do not hold a franchise agreement with the City but rather hold a State-issued authorization to provide service, shall pay a service provider fee equal to 5% of the gross revenues or the same as the fee paid to the City by any incumbent cable operator providing cable service or video service.

   1.   Holders of a State-issued authorization to provide cable service or video service shall be liable for the fee beginning on the first day of the calendar month that is at least 30 days after the holder receives a copy of this ordinance.

   2.   A copy of this ordinance shall be sent by certified mail, postage prepaid, to the address listed on the holder's application provided to the City as mandated by 220 ILCS 5/21-401(b)(6).

   3.   The payment of the service provider fee shall be due on a quarterly basis, 45 days after the close of the calendar quarter.

   4.   If mailed, the fee is considered paid on the date it is postmarked.

   5.   The fee shall be paid to the commissioner of business affairs and consumer protection who shall have the power to administer and enforce this section.

(Added by Coun. J. 9-5-07, p. 5996, § 2; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-590 as § 4-280-510, and renumbered this section, which was formerly § 4-280-780, as § 4-280-590.

4-280-600 Payment of fee to support public, education and government access.

   The holder of a State-issued authorization to provide cable service or video service shall pay for public education and government access, as provided in this section, a fee equal to no less than either 1% of gross revenues, or if greater, the percentage of gross revenues that the incumbent cable operators pay for public education and government access support within the City's jurisdiction.

   1.   The percentage of gross revenues that all incumbent cable operators pay shall be equal to the annual sum of the payments that incumbent cable operators in the service area are obligated to pay by franchises and agreements or by contracts for public education and government access in effect on January 1, 2007, including the total of any lump sum payments required to be made over the term of each franchise or agreement divided by the number of years of the applicable term, divided by the annual sum of such incumbent cable operator's gross revenues during the immediately prior calendar year. The sum of payments includes any payments that an incumbent cable operator is required to pay pursuant to 220 ILCS 5/21-301(c)(3).

   2.   All holders of a State-issued authorization to provide cable services or video services in Chicago and all cable operators franchised by the City of Chicago shall provide to the City of Chicago and to Chicago Access Corporation, information sufficient to calculate the public, education and government access equivalent fee and any credits under paragraph (1).

   3.   The fee shall be due on a quarterly basis and paid 45 days after the close of the calendar quarter. Each payment shall include a statement explaining the basis for the calculation of the fee. If mailed, the fee is considered paid on the date it is postmarked. The liability of the holder for payment of the fee under this subsection shall commence on the same date as the liability for the service provider fee pursuant to 4-280-780.

   4.   All fees paid under this section shall be paid to the City and to the CAC as provided in Section 4-280-330(B).

   5.   The Commissioner of Business Affairs and Consumer Protection shall have the power to administer and enforce this section.

(Added by Coun. J. 9-5-07, p. 5996, § 2; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 3-18-09, p. 55728, § 2; Amend Coun. J. 4-24-12, p. 23998, § 1; Amend Coun. J. 11-19-14, p. 98037, § 7)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-600 as § 4-280-520, and renumbered this section, which was formerly § 4-280-790, as § 4-280-600.

4-280-610 Payment of applicable permit fees.

   All holders of State-issued authorizations to provide cable or video service are required:

   (1)   to procure all necessary permits to install, construct, operate, maintain or remove cable service or video service, or telecommunications networks within the public right-of-way, and any other necessary permits required of city cable service providers that hold a franchise agreement with the City of Chicago; and

   (2)    to comply with all other requirements specified in 220 ILCS 5/21-1001.

(Added by Coun. J. 9-5-07, p. 5996, § 2; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered this section, which was formerly § 4-280-800, as § 4-280-610. Coun. J. 9-5-07, p. 6001, § 4, repealed a former § 4-280-610, which pertained to customer service applicability.

4-280-620 Application of Uniform Revenue Procedures Ordinance.

   Whenever not inconsistent with the provisions of this chapter or whenever this chapter is silent, the provisions of the Uniform Revenue Procedures Ordinance, Chapter 3-4 of this Code, as amended, shall apply and supplement this chapter.

(Added by Coun. J. 9-5-07, p. 5996, § 2; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered this section, which was formerly § 4-280-810, as § 4-280-620. Coun. J. 9-5-07, p. 6001, § 4, repealed a former § 4-280-620, which pertained to customer service plans.