GROSS REVENUES: All consideration of any kind or nature, including, without limitation, cash, credits, property, and in- kind contributions received by the holder for the operation of a cable or video system to provide cable service or video service within the holder's cable service or video service area within the city of Marion's jurisdiction.
A. Gross revenues shall include the following:
1. Recurring charges for cable service or video service.
2. Event based charges for cable service or video service, including, but not limited to, pay per view and video on demand charges.
3. Rental of set top boxes and other cable service or video service equipment.
4. Service charges related to the provision of cable service or video service, including, but not limited to, activation, installation, and repair charges.
5. Administrative charges related to the provision of cable service or video service, including, but not limited to, service order and service termination charges.
6. Late payment fees or charges, insufficient funds check charges, and other charges assessed to recover the costs of collecting delinquent payments.
7. A pro rata portion of all revenue derived by the holder or its affiliates pursuant to compensation arrangements for advertising or for promotion or exhibition of any products or services derived from the operation of the holder's network to provide cable service or video service within the city of Marion's jurisdiction. The allocation shall be based on the number of subscribers in the city of Marion divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement.
8. Compensation received by the holder that is derived from the operation of the holder's network to provide cable service or video service with respect to commissions that are received by the holder as compensation for promotion or exhibition of any products or services on the holder's network, such as a "home shopping" or similar channel, subject to subsection A9 of this definition.
9. In the case of a cable service or video service that is bundled or integrated functionally with other services, capabilities, or applications, the portion of the holder's revenue attributable to the other services, capabilities, or applications shall be included in gross revenue unless the holder can reasonably identify the division or exclusion of the revenue from its books and records that are kept in the regular course of business.
10. The service provider fee permitted by section 4-12-3 of this chapter.
B. Gross revenues do not include any of the following:
1. Revenues not actually received, even if billed, such as bad debt, subject to subsection A6 of this definition.
2. Refunds, discounts, or other price adjustments that reduce the amount of gross revenues received by the holder of the state issued authorization to the extent the refund, rebate, credit, or discount is attributable to cable service or video service.
3. Regardless of whether the services are bundled, packaged, or functionally integrated with cable service or video service, any revenues received from services not classified as cable service or video service, including, without limitation, revenue received from telecommunications services, information services, or the provision of directory or internet advertising, including yellow pages, white pages, banner advertisement, and electronic publishing, or any other revenues attributed by the holder to noncable service or nonvideo service in accordance with the holder's books and records and records kept in the regular course of business and any applicable laws, rules, regulations, standards, or orders.
4. The sale of cable services or video services for resale in which the purchaser is required to collect the service provider fee from the purchaser's subscribers to the extent the purchaser certifies in writing that it will resell the service within the city of Marion and pay the fee permitted by section 4-12-3 of this chapter with respect to the service.
5. Any tax or fee of general applicability imposed upon the subscribers or the transaction by the city of Marion, state, federal, or any other governmental entity and collected by the holder of the state issued authorization and required to be remitted to the taxing entity, including sales and use taxes.
6. Security deposits collected from subscribers.
7. Amounts paid by subscribers to "home shopping" or similar vendors for merchandise sold through any home shopping channel offered as part of the cable service or video service.
C. Revenue of an affiliate of a holder shall be included in the calculation of gross revenues to the extent the treatment of the revenue as revenue of the affiliate rather than the holder has the effect of evading the payment of the fee permitted by section 4-12-3 of this chapter which would otherwise be paid by the cable service or video service.
INCUMBENT CABLE OPERATOR: A person or entity that provided cable services or video services in a particular area under a franchise agreement with the city of Marion pursuant to section 11-42-11 of the Illinois municipal code 1 . (Ord. 3312, 4-22-2016)
Notes
| 1 | 1. 65 ILCS 5/11-42-11. |