(A) Village Council hereby establishes a Video Service Provider (VSP) fee that is calculated by applying a VSP fee percentage of 5% to the video service provider's gross revenues as defined in R.C. § 1332.32(B) of the Video Law. For purposes of calculating the VSP fee, the provider's gross revenues shall include advertising revenues in accordance with R.C. § 1332.23(B)(2)(g) of the Video Law.
(B) The VSP fee percentage and Video Law gross revenues definition, as modified, shall apply equally to all video service providers and cable television operators providing video service in the village.
(1) Division (B) of this section would only be considered if the gross revenue definition in the incumbent's franchise is less favorable than the state gross revenue definition and the incumbent is not planning on applying for a VSA in the near future. The language would modify the incumbent's "gross revenue" definition to be consistent with the state definition.
(2) Where a cable operator currently pays less than 5% of "gross revenues" under an existing franchise, discuss with the locality setting this percentage at a "revenue neutral" rate compared with the franchise fee percentage and revenue base under the existing franchise. Many localities will not want to inadvertently impose a fee increase on residents just by blindly applying the maximum 5% to the state definition of gross revenues.
(C) The VSP fee shall be paid by each video service provider providing service in the village on a quarterly basis but not sooner than 45 days nor later than 60 days after the end of each calendar quarter.
(Res. 01-08, passed 1-8-2008; Am. Ord. 10-09, passed 12-8-2009; Am. Ord. 05-10, passed 4-13-2010)