809.06   RIGHT-OF-WAY FEE.
   (a)   Fee in Lieu of Franchise Fee. In lieu of the franchise fee required by Section 805.04(h) of this Code, the operator of an OVS shall pay a fee on the gross revenues of the operator for the provision of cable service. The rate of this fee shall not exceed the rate imposed under Section 805.04(c). The fee, which shall be paid quarterly, shall be 5% of gross revenues, as defined in division (b) of this section.
   (b)   “Gross revenues” for the purpose of determining this fee shall mean all revenues received by an OVS operator or its affiliates, including all revenues received from subscribers, all carriage revenues received from unaffiliated video programming providers, and any advertising revenues received by the OVS operator or its affiliates in connection with the provision of cable service, where such revenues are included in the calculation of the incumbent cable operator's cable franchise fee. “Gross revenues” does not include revenues collected by unaffiliated video programming providers.
   (c)   Payment of the fee shall be due 30 days after the end of each quarter.
   (d)   Any OVS operator operating in the County upon the effective date of this chapter shall become liable for right-of-way fees under division (a) of this section, beginning as of such effective date. Such fees shall accrue until the operator receives a franchise pursuant to this chapter, at which time the amount of the fees shall be computed and shall be payable in accordance with terms of the operator's franchise.
(Ord. 2-21. Passed 6-17-02.)