(a) Following notice of a video service provider's (VSP) intent to offer service in the City pursuant to Ohio R.C. 1332.27 and as compensation for the benefits and privileges granted under the State of Ohio video service authorization and in consideration of permission to use the City's streets and rights-of-way, the VSP shall pay to the City a video service provider fee in the amount of 5% of the VSP's gross revenues, as defined in Ohio R.C. 1332.32(B), including advertising revenues as provided under Ohio R.C. 1332.32 (B)(2)(g). Notice of this video service provider fee shall be served upon the VSP by the Mayor, or duly appointed designee, within ten days of the City receiving notice of the VSP's intent to offer service in the municipal corporation.
(b) The City, at its sole expense, may conduct an annual audit for the purpose of verifying the accuracy of a VSP's calculation of the video service provider fees paid to the municipal corporation in the audit period. For the purpose of the audit, the VSP shall make available for inspection, at the location where such records are kept in the normal course of business, those records pertaining to gross revenues, including advertising revenues.
(c) A VSP shall pay any amounts found to have been underpaid in the audit within 30 days after notice and shall include interest on the underpayments as provided in Ohio R.C. 1343.03, unless the VSP brings an action pursuant to Ohio R.C. 1332.33(D).
(d) Except as otherwise provided by law, no acceptance of any payments by the City shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable as a video service provider fee or from the performance of any other obligation of the VSP.
(e) Video service provider fee payment shall be made no sooner than 45 nor later than 60 days after the end of each calendar quarter.
(f) The City represents that it is its intention to be able to charge up to the maximum amount of video service provider fees allowed by law, which is presently set a 5%, pursuant to Ohio R.C. 1332.32(C)(1)(b).
(g) A VSP shall meet all of the customer service standards contained in Ohio R.C. 1332.26.
(h) VSPs currently providing PEG channel pursuant to a franchise, competitive video service agreement, ordinance, or resolution shall continue to provide the PEG channel(s) and support pursuant to Ohio R.C. 1332.30.
(Ord. 2007-139. Passed 11-5-07.)