(A) Subject to R.C. § 1332.32 taking effect, in accordance with the requirements of R.C. § 1332.32, all video service providers providing video service in the city pursuant to a video service authorization obtained from the Director of the Ohio Department of Commerce shall pay video service provider fees (“VSP fees”) in the amount of 5% of gross revenues received from providing video service in the city, which gross revenue base shall include advertising revenues. The VSP fee shall be paid quarterly, not sooner than 45 days nor later than 60 days after the end of each calendar quarter.
(B) GROSS REVENUES shall mean all revenues derived directly or indirectly by the grantee from operating a video service in the city, including, but not limited to, basic service revenues, and other service tier revenues, including expanded cable service revenues, pay television revenues, additional services revenues, advertising revenues, home shopping revenues, lease revenues or other use of the cable system, data transmission revenues and viewership studies, revenues resulting from the lease of channels and all other revenues of any kind received from operation of the cable system.
(C) 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.
(D) 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 R.C. § 1343.03, unless the VSP brings an action pursuant to R.C. § 1332.33(D).
(E) Except as otherwise provided by law, no acceptance of any payment 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.
(F) VSPs currently providing PEG (public, educational, government) channel pursuant to a franchise, competitive video service agreement, ordinance, or resolution shall continue to provide the PEG channel and support pursuant to R.C. § 1332.30.
(G) No later than ten days from receipt of notice from a video service provider that it will begin providing video service in the city pursuant to a state-issued video service provider, the Mayor is authorized and directed to provide such video service provider with notice of the VSP fee as determined by this Council above, which notice maybe given by overnight (return receipt) or certified mail or other manner of delivery no later than ten days from receipt of the video service provider’s notice.
(1982 Code, § 112.35) (Ord. 2013-5, passed 5-13-2013)