(a) Annual License Fee. As consideration for the license granted, licensee shall pay to the Department in lawful money of the United States, payable to the County, during the life of the license, for each and every year, including the prorated portion of the year in which the license was granted, five percent of the gross revenues received by licensee for all cable television services rendered to customers within the license area. License fees shall be due no later than first day of March of each year. In the event licensee fails to make payment of the license fee on or before the due date, the County shall assess a late payment charge of ten percent of the amount due, with an additional ten percent accruing on the first day of each calendar month thereafter that the license fee remains unpaid. Any license fee more than 90 days delinquent shall constitute a material breach of the terms of the license and is grounds for license revocation. The County reserves the right to change the amount of such license fee if the County determines such action to be appropriate and that it is not in conflict with Federal law, FCC Rules and Regulations, or laws of the State of California.
(b) Other Fees. Fees regarding license grant, renewal, transfer, modification, and license area expansion shall be set forth in the fee provisions of the San Bernardino County Code.
(c) Cost of Technical Assistance. The licensee shall pay all reasonable costs incurred by the County for any technical assistance deemed necessary by the County for obtaining independent verification of technical compliance with all license standards.
(d) Charge for Underreported Revenue. If the report of gross revenue made by licensee should be found to be less than the amount of gross revenue disclosed by audit, the licensee shall pay to the County the delinquent amount and all charges required by Subdivision (a) above, within 30 days of billing thereof.
(e) Independent Audit at Licensee’s Costs. The County reserves the right to require the licensee to obtain, at licensee’s cost, an independent audit of gross revenue by certified public accountants as required by the County. The certified public accountant shall be required to certify in the audit that the license is in compliance with this Chapter and the license agreement. This right shall be in addition to the County’s right to conduct any other audit.
(Ord. 1281, passed - -1966; Am. Ord. 2053, passed - -1976; Am. Ord. 2667, passed - -1982; Am. Ord. 3440, passed - -1991)