If authorized by the grantor, and after 60 days’ notice from the grantor to a grantee, a grantor shall provide ongoing support for public, educational and governmental access equipment and facilities in the amount of not to exceed $1 per subscriber per month for the entire term of this franchise payable in the same manner as the franchise fee payment pursuant to § 116.115 of this chapter. The grantor acknowledges that this amount shall not be considered gross revenues subject to the payment of franchise fees pursuant to § 116.040 of this chapter. Furthermore, payments of this on-going support shall not be deemed to be “franchise fees” within the meaning of § 622 of the Cable Act, being 47 USC 521 et seq. 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 a grantee pursuant to § 116.040 of this chapter. A grantee shall be allowed to collect such fee as a pass through to cable subscribers. This fee shall be revised on an annual basis in accordance with the consumer price index.
(2011 Code, Ch. 43, Art. 5, § 4.5) (Ord. 2057, passed 9-10-2003)