(a) In accordance with the requirements of Ohio 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) Upon 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 authorization, the City Manager, or his/her designee, is authorized and directed to provide such video service provider with notice of the VSP Fee as determined by this Council in division (a) above, which notice shall be delivered in a manner that provides for proof of timely delivery.
(c) Any notice to the City that is required of a VSP in accordance with Ohio R.C. 1332.21 through 1332.34 shall be provided in written form to the City Manager either by certified mail, express mail or upon personal delivery, all evidenced by a return receipt.
(d) For purposes of applying Ohio R.C. Chapter 1332, “non-repeat and locally produced” programming shall be defined as the first three playbacks of programming produced or provided by any local resident, TV Middletown or its affiliates, or any local public or private agency that provides services to residents of the greater Middletown area, or any transmission of a meeting or proceeding of any local, state or federal governmental entity.
(Ord. O2007-90, passed 12-4-2007)