If authorized by the grantor, and after 60-days’ notice from the grantor to a grantee, a grantor shall provide ongoing support for public, educational and governmental access equipment and facilities in the amount of not to exceed $1 per subscriber per month for the entire term of this franchise payable in the same manner as the franchise fee payment pursuant to § 120.100 hereof. The grantor acknowledges that this amount shall not be considered gross revenues subject to the payment of franchise fees pursuant to § 120.100 hereof. Furthermore, payments of this ongoing support shall not be deemed to be “franchise fees” within the meaning of § 622 of the Cable Act, being 47 U.S.C. §§ 521 et seq., and the payment shall not be deemed to be “payments-in-kind” or any involuntary payments chargeable against the compensation to be paid to the grantor by a grantee pursuant to § 120.100 hereof. A grantee shall be allowed to collect a fee as a pass through to cable subscribers. This fee shall be revised on an annual basis in accordance with the consumer price index.
(Ord. 2314, passed 1-25-2006)