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As used in this Chapter, the following terms shall have the following meanings:
“CABLE SERVICE.” That term as defined in 47 U.S.C. § 522(6).
“COMMISSION.” The Illinois Commerce Commission.
“GROSS REVENUES.” All consideration of any kind or nature, including, without limitation, cash, credits, property, and in-kind contributions received by the holder for the operation of a cable or video system to provide cable service or video service within the holder's cable service or video service area within the City.
(1) Gross revenues shall include the following:
(a) Recurring charges for cable or video service.
(b) Event-based charges for cable service or video service, including, but not limited to, pay-per-view and video-on-demand charges.
(c) Rental of set top boxes and other cable service or video service equipment.
(d) Service charges related to the provision of cable service or video service, including but not limited to activation, installation, and repair charges.
(e) Administrative charges related to the provision of cable service or video service, including but not limited to service order and service termination charges.
(f) Late payment fees or charges, insufficient funds check charges, and other charges assessed to recover the costs of collecting delinquent payments.
(g) A pro rata portion of all revenue derived by the holder or its affiliates pursuant to compensation arrangements for advertising or for promotion or exhibition of any products or services derived from the operation of the holder's network to provide cable service or video service within the City. The allocation shall be based on the number of subscribers in the City divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement.
(h) Compensation received by the holder that is derived from the operation of the holder's network to provide cable service or video service with respect to commissions that are received by the holder as compensation for promotion or exhibition of any products or services on the holder's network, such as a “home shopping” or similar channel, subject to division (i).
(i) In the case of a cable service or video service that is bundled or integrated functionally with other services, capabilities, or applications, the portion of the holder's revenue attributable to the other services, capabilities, or applications shall be included in the gross revenue unless the holder can reasonably identify the division or exclusion of the revenue from its books and records that are kept in the regular course of business.
(j) The service provider fee permitted by ILCS Ch. 220, Act 5, §§ 21-801(b).
(2) “GROSS REVENUES” do not include any of the following:
(a) Revenues not actually received, even if billed, such as bad debt, subject to ILCS Ch. 220, Act 5, §§ 21-801(c)(1)(vi).
(b) Refunds, discounts, or other price adjustments that reduce the amount of gross revenues received by the holder of the state-issued authorization to the extent the refund, rebate, credit, or discount is attributable to cable service or video service.
(c) Regardless of whether the services are bundled, packaged, or functionally integrated with cable service or video service, any revenues received from services not classified as cable service or video service, including, without limitation, revenue received from telecommunication services, information services, or the provision of directory or Internet advertising, including yellow pages, white pages, banner advertisement, and electronic publishing or any other revenues attributed by the holder to noncable service or nonvideo service in accordance with the holder's books and records and records kept in the regular course of business and any applicable laws, rules, regulations, standards, or orders.
(d) The sale of cable services or video services for resale in which the purchaser is required to collect the service provider fee from the purchaser's subscribers to the extent the purchaser certifies in writing that it will resell the service within the City and pay the fee permitted by ILCS Ch. 220, Act 5, § 21-801(b) with respect to the service.
(e) Any tax or fee of general applicability imposed upon the subscribers or the transaction by a City, state, federal, or any other governmental entity and collected by the holder of the state-issued authorization and required to be remitted to the taxing entity, including sales and use taxes.
(f) Security deposits collected from subscribers.
(g) Amounts paid by subscribers to “home shopping1' or similar vendors for merchandise sold through any home shopping channel offered as part of the cable service or video service.
(3) Revenue of an affiliate of a holder shall be included in the calculation of gross revenues to the extent the treatment of the revenue as revenue of the affiliate rather than the holder has the effect of evading the payment of the fee permitted by ILCS Ch. 220, Act 5, § 21-801(b) which would otherwise be paid by the cable service or video service.
“HOLDER.” A person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to ILCS Ch. 220, Act 5, § 21-401.
“PEG.” Public, education and governmental.
“PEG ACCESS SUPPORT FEE.” The amount paid under this Chapter and ILCS Ch. 220, Act 5, § 21-801(d) by the holder to the City for the service areas within its territorial jurisdiction.
“SERVICE.” The provision of “cable service” or “video service” to subscribers and the interaction of subscribers with the person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to ILCS Ch. 220, Act 5, § 21-401.
“SERVICE PROVIDER FEE.” The amount paid under this Chapter and ILCS Ch. 220, Act 5, § 21-801 by the holder to a City for the service areas within its territorial jurisdiction.
“VIDEO SERVICE.” Video programming and subscriber interaction, if any, that is required for the selection or use of such video programming services, and which is provided through wireline facilities located at least in part in the public right-of-way without regard to delivery technology, including Internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider defined in 47 U.S.C. § 332(d) or any video programming provided solely as part of, and via, service that enables users to access content, information, electronic mail, or other services offered over the public Internet.
(Ord. 8712, passed 11-2-10)