153.08 VIDEO SERVICE PROVIDER FEES AND OTHER REQUIREMENTS FOR USE OF THE RIGHT OF WAY.

   (a)   Following notice of a video service provider's (hereinafter "VSP") intent to offer service in the City pursuant to Ohio Revised Code Section 1332.27, as it is in effect on the effective date of this ordinance or may hereinafter be amended, modified or renumbered, and as compensation for the benefits and privileges granted under the State of Ohio video service authorization, and in consideration of permission to use the City's streets and right-of-way, the VSP shall pay to the City a video service provider fee in the amount of five percent (5%) of the VSP's gross revenues, additionally including advertising revenues, as defined by Ohio R.C. 1332.32. Notice of this video service provider fee shall be served upon the VSP by the Director of Law, or duly appointed designee, within ten (10) days of the City receiving notice of the VSP's intent to offer service in the municipal corporation.

   (b)   The City, at its sole expense, may conduct an annual audit for the purpose of verifying the accuracy of a VSP's calculation of the video service provider fees paid to the City in the audit period. For the purpose of the audit, the VSP shall make available for inspection, at the location where such records are kept in the normal course of business, those records pertaining to gross revenues, including advertising revenues.

   (c)    A VSP shall pay any amounts found to have been underpaid in the audit within thirty days after notice and shall include interest on the underpayments as provided in Ohio R.C. 1343.03, unless the VSP brings an action pursuant to Ohio R.C. 1332.33(D).

   (d)    Except as otherwise provided by law, no acceptance of any payment by the City shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable as a video service provider fee or from the performance of any other obligation of the VSP.

   (e)    Video service provider fee payments shall be made no sooner than forty five nor later than sixty days after the end of each calendar quarter.

   (f)    It is the City's intention to be able to charge up to the maximum amount of video service provider fees allowed by law which is set at five percent (5%) on the effective date of this ordinance, pursuant to Ohio R.C. 1332.32(C)(1)(b) as it exists on the effective date of this ordinance or may hereafter be amended or renumbered.

   (g)    A VSP shall meet all of the customer service standards contained in the Ohio R.C. 1332.26 as it exists on the effective date of this ordinance or may hereafter be amended or renumbered, and such standards are incorporated in this ordinance.

   (h)    VSPs currently providing public, educational, and/or governmental (PEG) television channels pursuant to a franchise, competitive video service agreement, ordinance, or resolution shall continue to provide such channel(s) and support pursuant to Ohio R.C. 1332.30 as it exists on the effective date of this section or may hereafter be amended or renumbered.
(Ord. 07-114. Enacted 10-22-07.)