(A) The term of a franchise may be for a period not to exceed 15 years from the date that a franchise agreement, or a franchise renewal agreement, is approved by the Board of Trustees.
(Prior Code, § 13.20.380)
(B) The town may develop rules and regulations with respect to the submission and processing of applications for a franchise. The rules and regulations shall primarily be aimed at determining the legal, financial, technical and character qualifications of the applicant.
(Prior Code, § 13.20.390)
(C) Each franchised operator shall pay to the town franchise fees equal to 3% of the basic and expanded basic cable revenues. The franchise fees for the privilege of using the streets, rights-of-way, easements and public ways and other facilities of the town in the operation of the cable system, and for the town’s supervision during the term of the franchise. If the FCC, Congress or other governmental entity with authority over cable service allows a franchising authority to increase the franchise fee beyond the above percentage, then the town shall have the authority to increase the franchise fee to the maximum rate allowable. It is intended that the franchise fees will promote the health, safety and welfare of the citizens of the town. Accordingly, the franchise fee shall be deposited into the general revenues of the town, unless otherwise specified.
(1) Within 45 days after the end of each reporting quarter, a franchised operator shall file with the town a detailed financial and revenue report clearly showing the gross revenues received by the franchised operator for operations within the town during the proceeding reporting quarter, and certified by an officer of the franchised operator attesting to the accuracy of the revenue figures. The report shall be in a form approved by the town. The report shall include revenue from whatever source, directly or indirectly derived from the operation of the cable system, or the provision of any cable service by or to the cable system. Revenue may be reported in the aggregate for the total franchise service area by general service type or source.
(2) In the event that payment is not made within 60 days after the end of a reporting quarter, then the cable operator may be declared in default of the franchise, and the town may take action against the cable operator as authorized in this chapter.
(3) The acceptance of any payment shall not be construed as a release of, or an accord or satisfaction of, any claim that the town might have for further or additional sums payable under the terms of this chapter, or for any other performance or obligation of a franchised operator.
(4) Payments of compensation made by a franchised operator to the town pursuant to this chapter shall be considered in addition to, and exclusive of, any and all authorized taxes, business license fees or other levies or assessments presently in effect or later adopted.
(5) A franchise fee does not include any items excluded by federal law.
(Prior Code, § 13.20.400)
(Ord. 96-13.20, passed - -1996)