(A) If authorized by the grantor and after 60 days’ notice from the grantor to the grantee, the grantor shall provide ongoing support for public, educational and governmental access equipment and facilities in the amount of not to exceed $0.25, as adjusted for inflation, per subscriber per month for the entire term of this franchise, payable in the same manner as the franchise fee payment pursuant to § 114.095 of this chapter. The maximum amount of this fee shall be adjusted on March 30 of each year of the term of the franchise by a percentage equal to the percentage of increase in the cost of living, as defined by the Consumer Price Index (CPI), for the previous calendar year. The grantor acknowledges that this amount shall not be considered gross revenues subject to the payment of franchise fees pursuant to § 114.095 of this chapter.
(B) Furthermore, payments of this ongoing support shall not be deemed to be “franchise fees” within the meaning of § 622 of the Cable Act, and such payment shall not be deemed to be “payments in kind” or any involuntary payments chargeable against the compensation to be paid to the grantor by the grantee pursuant to § 114.095 of this chapter. The grantee shall be allowed to collect such fee as a pass through to cable subscribers.
(2013 Code, § 8-4.5) (Ord. 14586, passed 4-13-1998)