(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CABLE SERVICE. As defined in 47 U.S.C. § 522(6).
COMMISSION. The Illinois Commerce Commission.
GROSS REVENUES. All consideration of any kind or nature, including, without limitation,
cash, credits, property and in-kind contributions received by the holder for the operation of a cable or video system to provide cable service or video service within the holder’s cable service or video service area within the city.
(a) GROSS REVENUES shall include the following:
1. Recurring charges for cable or video service;
2. Even-based charges for cable service 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 service or video service equipment;
4. Service charges related to the provision of cable service or video service, including, but not limited to, activation, installation and repair charges;
5. Administrative charges related to the provision of cable service 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 of for promotion or exhibition of any products or services derived from the operation of the holder’s network to provide cable service 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 the holder’s network to provide cable service or video service with respect to commissions that are received by the holder as compensation for promotion or exhibition of any products or services on the holder’s network, such as a “home shopping” or similar channel, subject to division (a)9. below;
9. In the case of a cable service 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 revenue unless the 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 Act 220, Act 5, § 21-801(b).
(b) GROSS REVENUES do 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)(l)(vi);
2. Refunds, discounts or other price adjustments that reduce the amount of gross revenues received by the holder of the state-issued authorization to the extent the refund, rebate, credit or discount is attributable to cable service or video service;
3. Regardless of whether the services are bundled, packaged or functionally integrated with cable service or video service, any revenues received from services not classified as cable service 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 non- cable service or non-video service in accordance with the 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 services 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 of the state-issued authorization and 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 service or video service.
(c) Revenue of an affiliate of a holder shall be included in the calculation of
GROSS REVENUES to the extent the treatment of the revenue as revenue of the affiliate rather than the holder has the effect of evading the payment of the fee permitted by ILCS Ch. 220, Act 5, § 21-801(b) which would otherwise be paid by the cable service or video service.
HOLDER. A person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to ILCS Ch. 220, Act 5, § 21-401.
PEG. Public, education and governmental.
PEG ACCESS SUPPORT FEE. The amount paid under this section and ILCS Ch. 220, Act 5, § 21-801(d), by the holder to the city for the service areas within its territorial jurisdiction.
SERVICE. The provision of cable service or video service to subscribers and the interaction of subscribers with the person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to ILCS Ch. 220, Act 5, § 21-401.
SERVICE PROVIDER FEE. The amount paid under this chapter and ILCS Ch. 220, Act 5, § 21-801, by the holder to a city for the service areas within its territorial jurisdiction.
VIDEO SERVICE. Video programming and subscriber interaction, if any, that is required for the selection or use of such video programming services, and which is provided through wireless facilities located at least in part in the public right-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 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.
(B) Cable/video service provider fee imposed.
(1) Fee imposed. A fee is hereby imposed on any holder providing cable service or video service in the city.
(2) Amount of fee. The amount of the fee imposed hereby shall be 5% of the holder’s gross revenues.
(3) Notice to the city. The holder shall notify the city at least ten days prior to the date on which the holder begins to offer cable service or video service in the city.
(4) Holder’s liability. The holder shall be liable for and pay the service provider fee to the city. The holder’s liability for the fee shall commence on the first day of the calendar month following 30 days after receipt of the ordinance adopting this section (Ord. 3559) by the holder. The ordinance adopting this section shall be sent by mail, postage prepaid, to the address listed on the holder’s application notice sent pursuant to ILCS Ch. 220, Act 5, § 21-401(b)(6), to the city.
(5) Payment date. The payment of the service provider fee shall be due 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.
(6) Exemption. The fee hereby imposed does not apply to existing cable service or video service providers that have an existing franchise agreement with the city in which a fee is paid.
(7) Credit for other payments. An incumbent cable operator that elects to terminate an existing agreement pursuant to ILCS Ch. 220, Act 5, § 21-301(c), with credit for prepaid franchise fees under that agreement may deduct the amount of such credit from the fees that operator owes under this division (B).
(C) PEG access support fee imposed.
(1) PEG fee imposed. A PEG access support fee is hereby imposed on any holder providing cable service or video service in the city in addition to the fee imposed pursuant to division (B) above.
(2) Amount of fee. The amount of the PEG access support fee imposed hereby shall be 1% of the holder’s gross revenues or, if greater, the percentage of gross revenues that incumbent cable operators pay to the city or its designer for PEG access support in the city.
(3) Payment. The holder shall pay the PEG access support fee to the city or to the entity designated by the city to manage PEG access. The holder’s liability for the PEG access support fee shall commence on the date set forth in division (B)(4) above.
(4) Payment due. The payment of the PEG access support fee shall be due 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.
(5) Credit for other payments. An incumbent cable operator that elects to terminate an existing agreement pursuant to ILCS Ch. 220, Act 5, § 21-301(c), shall pay, at the time they would have been due, all monetary payments for PBG access that would have been due during the remaining term of the agreement had it not been terminated pursuant to that section. All payments made by an incumbent cable operator pursuant to the previous sentence may be credited against the fees that operator owes under this division (C).
(D) Applicable principles. All determinations and calculations under this section shall be made pursuant to generally accepted accounting principles.
(E) No impact on other taxes due from holder. Nothing contained in this section shall be construed to exempt a holder 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 the holder with respect to cable service or video service. A state-issued authorization shall not affect any requirement of the holder with respect to payment of the city’s simplified municipal telecommunications tax or any other tax as it applies to any telephone service provided by the holder. A state-issued authorization shall not affect any requirement of the holder with respect to payment of the city’s 911 or E911 fees, taxes or charges.
(F) Audits of cable/video service provider.
(1) Audit requirement. The audit requirements contained in Ordinance No. 1826 are hereby incorporated by reference as though fully set forth herein. The city will notify the holder of the
requirements it imposes on other cable service or video service providers to submit to an audit of its books and records. Receipt of the ordinance adopting this section (Ord. 3559) by the holder shall constitute such notice. The holder shall comply with the same requirements the city imposes on other cable service or video service providers in its jurisdiction to audit the holder’s books and records and to recompute any amounts determined to be payable under the requirements of the city. If all local franchises between the city and cable operator terminate, the audit requirements shall be those adopted by the city pursuant to the Local Government Taxpayers’ Bill of Rights Act, ILCS Ch. 50, Act 45, §§ 1 et seq., as codified by the city at §§ 35.55 through 35.72 of the city’s code of ordinances. No acceptance of amounts remitted should be construed as an accord that the amounts are correct.
(2) Additional payments. Any additional amount due after an audit shall be paid within 30 days after the city’s submission of an invoice for the sum.
(G) Late fees/payments. All fees due and payments which are past due shall be subject to penalties set forth by ordinances adopted by the city pursuant to the Local Government Taxpayers’ Bill of Rights Act, ILCS Ch. 50, Act 45, §§ 1 et seq., as codified by the city at §§ 35.55 through 35.72 of the city’s code of ordinances, or any other penalties the city may be authorized by law to impose on payments which are past due.
(1999 Code, § 114.02) (Ord. 3559, passed 1-7-2008)