CHAPTER 751
Video Service Providers
 
751.01   Definitions.
751.02   VSP Fee.
751.03   VSP Fee notice provision.
751.04   VSP access provision.
751.05   Access programming requirement.
751.06   Fee payment requirements.
751.07   PEG origination point.
751.08   Notice requirement.
751.09   Application to incumbent cable providers.
751.99   Penalty.
 
CROSS REFERENCES
Unauthorized CATV connection - see Ohio R.C. 4933.42
 
 
751.01 DEFINITIONS.
   (a)   “Incumbent Cable Provider”. Any person who on the effective date of this section is the holder of a cable franchise agreement with the City as granted pursuant to requirements of 47 U.S.C. 541.
 
   (b)   “PEG”. Activities or actions performed for the benefit of public, educational and government video programming by the City.
 
   (c)   “Video Service”. The service defined in Ohio R.C. 1332.21(J).
 
   (d)   “Video Service Authorization or VSA”. The authorization granted to a video service provider in accordance with the requirements of Ohio R.C. 1332.21 to 1332.34 et seq.
 
   (e)   “Video Service Provider Fee or VSP Fee”. The fee paid by a VSP in accordance with the requirements of Ohio R.C. 1332.32.
 
   (f)   “Video Service Provider or VSP”. A person, firm, or corporation granted a video service authorization under Ohio R.C. 1332.21 to 1332.34 et seq.
(Ord. 1439. Passed 11-13-07.)
 
751.02 VSP FEE.
   In accordance with the requirements of Ohio R.C. 1332.32, all VSP’s providing video service in the City pursuant to a VSA obtained from the Director of the Ohio Department of Commerce shall pay a VSP Fee in the amount of five percent (5%) of gross revenues received from providing Video Service in the City, which gross revenue base shall include advertising revenues. The VSP Fee shall be paid quarterly, not later than sixty (60) days after the end of each calendar quarter. (Ord. 1439. Passed 11-13-07.)
 
751.03 VSP FEE NOTICE PROVISION.
   Upon receipt of notice from a VSP that it will begin providing Video Service in the City pursuant to a state-issued video service authorization, the City Manager or his/her designee is authorized and directed to provide such VSP with notice of the VSP Fee as determined by this council in Section 751.02 which notice shall be delivered in a manner that provides for proof of timely delivery.
(Ord. 1439. Passed 11-13-07.)
 
751.04 VSP ACCESS PROVISION.
   Upon receipt of notice from a VSP that it will begin providing Video Service in the City pursuant to a VSA, the City Manager or his/her designee is authorized and directed to provide such VSP with notice that the VSP shall be required to provide the same number of PEG channels in the City under the same service tier conditions and subject to the same channel reclamation conditions as may be proscribed by Ohio R.C. 1332.30(A)(1)(a-b) for the Incumbent Cable Provider with the most recent obligation in the City, which notice shall be delivered in a manner that provides for proof of timely delivery and shall state the appropriate number of PEG channels and service tiers required to be provided by the VSP within the City within one hundred and twenty (120) days after delivery of such notice. Additionally, should no PEG channels currently be provided by an Incumbent Cable Provider with such an obligation in the City, the City Manager may provide written notice to a VSP of its obligation to provide PEG channels in accordance with Ohio R.C. 1332.30(B)(1).
(Ord. 1439. Passed 11-13-07.)
 
751.05 ACCESS PROGRAMMING REQUIREMENT.
   In accordance with the requirements of Ohio R.C. 1332.30(A)(1)(a) or Ohio R.C. 1332.30(B)(1) when PEG channels are provided to the City by an Incumbent Cable Provider or VSP, and such PEG channels are required to be programmed by the City with at least forty (40) hours of non-character generated content per week with at least sixty percent (60%) of the programming being non-repeat and locally produced. For the purposes of this Section, “non- repeat and locally produced” shall mean, the first three (3) playbacks of programming produced or provided by any local resident, the City or any local public or private agency that provides services to residents of the greater Dayton metro area, or any transmission of a meeting or proceeding of any local, state or federal governmental entity.
(Ord. 1439. Passed 11-13-07.)
 
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