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For the purposes of this section 3-1-8, the following terms shall have the meanings indicated:
CABLE SERVICE: As defined in 47 USC 522(6), as amended.
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 village's jurisdiction, subject to the following clarifications:
A. Gross revenues shall include the following:
1. Recurring charges for cable or video service.
2. Event 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 or 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 village. The allocation shall be based on the number of subscribers in the village 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 subsection A9 of this definition.
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.
10. The service provider fee permitted by section 21-801(b) of the act.
B. Gross revenues shall not include any of the following:
1. Revenues not actually received, even if billed, such as bad debt, subject to section 21-801(c)(1)(vi) of the act;
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 or video service, including, without limitation, revenue received from telecommunications 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 service or nonvideo 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 service 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 village's jurisdiction and pay the fee permitted by section 21-801(b) of the act with respect to the service;
5. Any tax or fee of general applicability imposed upon the subscribers or the transaction of the village, 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;
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 section 21-801(b) of the act which would otherwise be paid by the cable service or video service.
HOLDER: A person or entity that has received authorization from the commission, pursuant to section 21-401 of the act, to offer or provide cable or video service.
INCUMBENT CABLE OPERATOR: A "cable operator" as such term is defined in 47 USC 522(5), as amended, that provides cable service under a franchise agreement with the village under section 11-42-11 of the Illinois municipal code.
PEG: Public, education and governmental.
PEG ACCESS SUPPORT FEE: The fee that a holder shall be liable to pay to the village or the entity designated by the village to manage public, education and government access, upon request as support for public, education, and government access, as authorized under section 21-801(d) of the act and implemented by the village under section 3-1-8-3 of this chapter.
PUBLIC RIGHTS OF WAY: The area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easements dedicated for compatible uses.
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 section 21-401 of the act.
SERVICE PROVIDER: A person or entity that provides cable service or video service.
SERVICE PROVIDER FEE: The fee that a holder shall be liable to pay to the village for offering cable or video service on a commercial basis in the village's jurisdiction, as authorized under section 21-801(b) of the act and implemented by the village under section 3-1-8-2 of this chapter.
VIDEO PROGRAMMING: As defined in 47 USC 522(20).
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 wireline facilities located at least in part in the public 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 defined in 47 USC 332(d), as amended, 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.
VILLAGE: The village of Riverwoods. (Ord. 08-2-1, 2-5-2008)