(A) OVS operators. In lieu of the franchise fee required by § 114.35, an OVS franchisee shall pay a fee of 5% of the gross revenues of the franchisee, its affiliates or any OVS operator of the OVS.
(B) Persons leasing OVS capacity.
(1) A person leasing capacity from an OVS operator, other than a person whose revenues are included in the payment made under division (A) of this section shall pay the city a fee in lieu of the franchise fee required by § 114.35 of 5% of the gross revenues of such person.
(2) Notwithstanding the foregoing, where the franchisee charges a person, other than an affiliate, to use its OVS (the “use payments”); and that person recovers those use payments through charges to its subscribers that are included in that person's gross revenues; and that person fully recovers the use payments through the charges to its subscribers and pays a fee on those charges pursuant to division (A) of this section, then the franchisee may deduct from its gross revenues the use payments it receives from that person.
(Ord. 678-C.S., passed 4-20-04) Penalty, see § 114.15