(a) Definitions. That the following definitions apply to the terms used herein:
(1) “Incumbent Cable Provider” means any person who on the effective date of Ordinance 08-31 is the holder of a cable franchise agreement with Evendale as granted pursuant to requirements of 47 U.S.C. 541.
(2) “PEG” means the activities or actions performed for the benefit of public, educational and government video programming by Evendale.
(3) “Video Service” means the service defined in Ohio R.C. 1332.21(1).
(4) “Video Service Authorization” or “VSA” means the authorization granted to a video service provider in accordance with the requirements of Ohio R.C. 1332.21 to 1332.34 et seq.
(5) “Video Service Provider” or “VSP” means a person, firm, or corporation granted a video service authorization under Ohio R.C. 1332.21 to 1332.34 et seq.
(6) “Video Service Provider Fee” or “VSP Fee” means the fee paid by a VSP in accordance with the requirements of Ohio R.C. 1332.32.
(b) VSP fee. In accordance with the requirements of Ohio R.C. 1332.32, all VSPs providing video service in Evendale pursuant to a VSA obtained from the Director of the Ohio Department of Commerce shall pay a VSP fee in the amount of 5% of gross revenues received from providing Video Service in Evendale, which gross revenue base shall include advertising revenues. The VSP Fee shall be paid quarterly, not later than 60 days after the end of each calendar quarter.
(c) VSP fee notice provision. Upon receipt of notice from a VSP that it will begin providing Video Service in Evendale pursuant to a state-issued video service authorization, the Evendale Mayor or his or her designee is authorized and directed to provide such VSP with notice of the VSP Fee as determined by this Ordinance which notice shall be delivered in a manner that provides for proof of timely delivery.
(d) VSP access provision. Upon receipt of notice from a VSP that it will begin providing video service in Evendale pursuant to a VSA, the Evendale Mayor or his or her designee is authorized and directed to provide such VSP with notice that the VSP shall be required to provide the same number of PEG channels in Evendale under the same service tier conditions and subject to the same channel reclamation conditions as may be proscribed by Ohio R.C. 1332.30 (A)(l)(a-b) for the Incumbent Cable Provider with the most recent obligation in Evendale, which notice shall be delivered in a manner that provides for proof of timely delivery and shall state the appropriate number of PEG channels and service tiers required to be provided by the VSP within Evendale within 120 days after delivery of such notice.
(e) Access programming requirements. In accordance with the requirements of Ohio R.C. 1332.30(A)(1)(a) when more than three PEG access channels are provided to Evendale by an Incumbent Cable Provider or VSP, such additional channel shall be programmed by Evendale with at least 40 hours of non-character generated content per week with at least 60% of the programming being non-repeat and locally produced. For the purposes of this section "non-repeat and locally produced" shall mean, the first 3 playbacks of programming produced or provided by any local resident, Evendale or its affiliates, or any local public or private agency that provides services to residents of Hamilton County, or any transmission of a meeting or proceeding of any local, state, or federal governmental entity.
(f) Fee payment requirements. Any VSP fee or community service fee payments required to be paid to Evendale by a VSP shall be made quarterly and be remitted directly to Evendale via appropriate negotiable instrument made payable to The Village of Evendale, 10500 Reading Road, Evendale, Ohio 45241-2574, not later than 60 days after the end of each calendar quarter.
(g) PEG origination point. The PEG programming origination point of Evendale for the delivery of VSP access services shall be located at ICRC, 2492 Commodity Circle, Cincinnati, Ohio 45241.
(h) Notice requirement. Any notice of Evendale that is required of a VSP in accordance with Ohio R.C. 1332.21 through 1332.34 shall be provided in written form to the Evendale Mayor either by certified mail, express mail or upon personal delivery, all evidenced by a return receipt.
(i) Application to incumbent cable providers. The additional requirements applicable to VSPs enacted in this section shall not apply to incumbent cable providers. The relationship between Evendale and such providers shall continue to be governed by the franchise agreement between the parties until its expiration or until the incumbent cable provider is granted a VSA in accordance with Ohio R.C. 1332.21 through 1332.34 et seq.
(Ord. 08-31. Passed 6-12-08.)