For the purpose of this chapter, and the interpretation and enforcement hereof, and notwithstanding any inconsistent definitions contained elsewhere in this code, the following words and phrases shall have the meanings set forth herein, unless the context of the sentence in which they are used shall indicate otherwise:
CABLE OPERATOR. That term as defined in 47 U.S.C. § 522(5).
CABLE SERVICE. That term as defined in 47 U.S.C. § 522(6).
CABLE SYSTEM. That term as defined in 47 U.S.C. § 522(7).
COMPETITIVE CABLE OR VIDEO SERVICE PROVIDER. A person or entity that is providing or seeking to provide cable or video service in an area where there is at least one incumbent cable operator.
COMPETITIVE VIDEO SERVICE SYSTEM. Facilities that are used to provide cable or video service that are operated by a competitive cable or video service provider.
CONSTRUCT.
(1) The installation of cables, lines, fibers or facilities that are in or cross any rights-of-way within the city for use as part of a cable system or competitive video service system; or
(2) The connection of other facilities, directly or indirectly, to previously existing cables, lines, fibers or facilities that are in or cross rights-of-way within the city for use as part of a cable system or competitive video service system.
FRANCHISE. That term as defined in 47 U.S.C. § 522(9).
FRANCHISE FEE. The fee imposed by the City on any franchisee, as authorized pursuant to 47 U.S.C. § 542 and this chapter for any service areas within the territorial jurisdiction of the city.
FRANCHISEE. A person or entity that has a franchise with the city pursuant to this chapter, ILCS Ch. 65, Act 5, § 11-42-11, and the Cable Act (47 U.S.C. §§ 521 et seq.).
GROSS REVENUES.
(1) For franchisees. GROSS REVENUES shall be defined as in the franchise.
(2) For holders.
(a) GROSS REVENUES shall include all consideration of any kind or nature, including, without limitation, cash, credits, property and in-kind contributions (services or goods) received by a holder for the operation of a cable or video system, including any competitive video service system, to provide cable or video services within the designated service area of the holder within the city, including the following:
1. Recurring charges for cable or video service;
2. Event-based charges for cable 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 or video service equipment;
4. Service charges related to the provision of cable or video service, including but not limited to, activation, installation and repair charges;
5. Administrative charges related to the provision of cable 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 such holder's network to provide cable or video service within the city. The allocation shall be based on the number of subscribers in the city 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 such holder's network to provide cable or video service with respect to commissions that are received by such holder as compensation for promotion or exhibition of any products or services on such holder's network, such as a “home shopping” or similar channel, subject to subparagraph (2)(a)9. of this definition;
9. In the case of a cable 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 the gross revenues unless such 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; and
10. The service provider fee permitted by ILCS Ch. 220, Act 5, § 21-801(b).
(b) GROSS REVENUES shall not include any of the following:
1. Revenues not actually received, even if billed, such as bad debt, subject to ILCS Ch. 220, Act 5, § 21-801(c)(1)(vi);
2. Refunds, discounts or other price adjustments that reduce the amount of gross revenues received by the holder to the extent the refund, rebate, credit or discount is attributable to cable or video service;
3. Regardless of whether the services are bundled, packaged or functionally integrated with cable or video service, any revenues received from services not classified as cable or video service, including, without limitation, revenue received from telecommunication 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 or nonvideo service, as evidenced by such 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 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 and pay the fee permitted by ILCS Ch. 220, Act 5, § 21-801(b) with respect to the service;
5. Any tax or fee of general applicability imposed upon the subscribers or the transaction by a city, state, federal or any other governmental entity, and collected by the holder, which tax or fee is required to be remitted to the taxing entity, including sales and use taxes;
6. Security deposits collected from subscribers; and
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 or video service.
(c) Revenue of an affiliate of a holder shall be included in the calculation of GROSS REVENUES, to the extent that the treatment of the revenue as revenue of the affiliate, rather than such holder, has the effect of evading the payment of the fee permitted by ILCS Ch. 220, Act 5, § 21-801(b) that would otherwise be paid by such holder.
HOLDER. A person or entity that has received authorization to offer or provide cable or video service from the ICC pursuant to ILCS Ch. 220, Act 5, § 21-401.
ICC. The Illinois Commerce Commission.
INCUMBENT CABLE OPERATOR. A person that provided cable services in a particular area under a franchise with the city pursuant to ILCS Ch. 65, Act 5, § 11-42-11 on January 1, 2007.
INITIAL FRANCHISE SERVICE AREA. That portion of the franchise area served by the franchisee's cable system as of the effective date of a franchise entered by the city and a franchisee under this chapter.
PEG. Public, educational and governmental.
PEG ACCESS SUPPORT FEE. The amount paid under this chapter and ILCS Ch. 220, Act 5, § 21-801(d) by a holder to the city for the service areas within its territorial jurisdiction.
PEG CAPITAL SUPPORT FEE. A fee to be paid to the city or to the entity designated by the city to manage PEG access, if such a fee is required to be paid by a franchisee in its franchise with the city.
PERSON. Individuals, corporations, partnerships, limited liability corporations, limited liability partnerships and any other form of legal entity.
SERVICE PROVIDER FEE. The amount to be paid to the city by a holder under this chapter and
ILCS Ch. 220, Act 5, § 21-801 for any service areas within the City's territorial jurisdiction.
VIDEO PROGRAMMING. Programming provided by, or generally considered comparable to, programming provided by a television broadcast station.
VIDEO SERVICE PROVIDER. Any person or group of persons who offers video service in a manner other than as part of a cable system.
VIDEO SERVICE. Video programming and subscriber interaction, if any, that is required for the selection or use of video programming, and that is provided through wireless facilities located, at least in part, in the rights-of-way without regard to delivery technology, including Internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider, as defined in 47 U.S.C. § 332(d); or any video programming provided solely as part of, and via, service that enables users to access content, information, electronic mail or other services offered over the public Internet.
(Ord. 10-52, passed 4-26-11)