(a) Subject to subsection (b) hereof, when the proposed application and plan for the installation and erection of a community antenna television system is in the best interest of the public peace, health, safety and general welfare of the inhabitants of the City, Council may grant a franchise to the person applying for the operation of the system for any period of time not in excess of twenty-five years. The granting of a franchise shall be by ordinance duly adopted by Council and approved by the Mayor, and shall contain therein the terms and conditions of the franchise and may include a franchise fee of five percent (5%) or less payable to the City from the franchise holder. The City may also collect advertising revenue from video and cable operators in the amount as specified in the Franchise Agreement.
(b) In accordance with the requirements of Ohio R.C. 1332.32, and subject to its taking effect, all video service providers providing video service in the City pursuant to a video service authorization obtained from the Director of the Ohio Department of Commerce shall pay Video Service Provider Fees (“VSP Fees”) in the amount of five percent (5%) of gross revenues received from providing video service in the City, which gross revenue base shall include advertising revenues as permitted and defined by Ohio R.C. 1332.32(B)(2)(g). The VSP Fee shall be paid quarterly, not sooner than forty-five (45) days nor later than sixty (60) days after the end of each calendar quarter.
(c) The Mayor is hereby authorized and directed, upon receipt of notice from a video service provider that it will begin providing video service in the City pursuant to a state-issued video service authorization, to provide such video service provider with notice of the VSP Fee as determined by this Council above, which notice may be given by overnight (return receipt) or certified mail or other manner of delivery no later than ten (10) days from receipt of the provider’s notice. (Ord. 2007-108. Passed 10-9-07.)