(A) Fees to be paid by franchisees.
(1) Franchise Fee; amount of fee. A fee in the amount of 5% of the franchisee's gross revenues from the operation of the cable system to provide cable service is imposed on any franchisee providing cable or video service in the city, and each franchisee shall be liable to the city for the payment of such fee.
(2) PEG Capital Support Fee. In addition to the Franchise Fee imposed in paragraph (1) of this division (A), if a PEG Capital Support Fee is required by a franchise, the franchisee shall be liable to the city for and shall pay to the city such PEG Capital Support Fee.
(B) Fees to be paid by holders.
(1) Service Provider Fee imposed; amount of fee. A fee in the amount of 5% of the holder's gross revenues is imposed on any holder providing cable or video service in the city, and each holder shall be liable to the city for the payment of such fee.
(2) PEG Access Support Fee. In addition to the Service Provider Fee imposed in paragraph (1) of this division (B), each holder providing cable or video services in the city shall be liable to the city for and shall pay to the city a PEG Access Support Fee in the amount of 1% percent of the holder's gross revenues.
(C) Notice to the city. Each holder or franchisee shall notify the city at least ten days prior to the date on which such holder or franchisee first begins to offer cable or video service in the city.
(D) Holder's or franchisee's liability. The holder or franchisee's liability for the fees established in divisions (A) and (B) of this section shall commence on the first day of the first calendar month that is 30 days after receipt of the ordinance adopting this chapter. The ordinance adopting this chapter shall be sent by mail, postage prepaid, to the address of each franchise or holder, as set forth on its annual registration. Any incumbent cable operator shall continue to pay the franchise fee agreed upon in its existing franchise until such time as a new franchise is entered, and shall be liable for payment thereof in accordance with the terms of such existing or new franchise with the city as provided herein.
(E) Payment date. The payment of the Franchise Fee, PEG Capital Support Fee, Service Provider Fee or PEG Access Support Fee, as such fees may be applicable to each holder or franchisee, shall be due to the city on a quarterly basis, 45 days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee.
(F) Accounting principles applicable. All determinations and calculations under this chapter shall be made pursuant to generally accepted accounting principles.
(G) No impact on other taxes due from holder or franchisee. Nothing contained in this chapter shall be construed to exempt a holder or franchisee from any tax that is or may later be imposed by the city, including any tax that is or may later be required to be paid by or through such holder or franchisee with respect to cable or video service, including but not limited to, any payment of the city's simplified municipal telecommunications tax or any other tax as it applies to any telephone service provided by such holder or franchisee, and any payment of the city's 911 or E911 fees, taxes or charges.
(H) Audits of holder or franchisee.
(I) Audits of holders. The city will notify any holder of the requirements it imposes on other holders to submit to an audit of their books and records. Each holder shall comply with the same requirements the city imposes on other holders within its jurisdiction to audit the books and records, and to re-compute any amounts determined to be payable under the requirements of the city. No acceptance of amounts remitted shall be construed as an accord that the amounts are correct. Any additional amount due after an audit shall be paid within 30 days after the city's submission of an invoice for the sum.
(2) Audits of franchisees. Not more than once every two years, the city may request information from a franchisee for an audit of its franchisees in accordance with the provisions of ILCS Ch. 65, Act 5, § 11-42-11.05.
(Ord. 10-52, passed 4-26-11)