(a) Following notice of a video service provider's (hereinafter "VSP") intent to offer service in the City pursuant to Ohio R.C. 1332.27, 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 rights-of-way, the VSP shall pay to the City a video service provider fee in the amount of 5% of the VSP's gross revenues, 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 Mayor or duly appointed designee within ten 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 municipal corporation 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 30 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 45 nor later than 60 days after the end of each calendar quarter.
(f) The City represents that it is its intention to be able to charge up to the maximum amount of video service provider fees allowed by law, which is presently set at 5%, pursuant to Ohio R.C. 1332.32(C)(1)(b).
(g) A VSP shall meet all of the customer service standards contained in Ohio R.C. 1332.26.
(h) VSPs currently providing PEG channel(s) pursuant to a franchise, competitive video service agreement, ordinance, or resolution shall continue to provide the PEG channel(s) in accordance with the provisions of Ohio R.C. 1332.30.
(i) All VSPs within the City, upon written notice, shall be required to provide the same number of PEG channels as required under Ohio R.C. 1332.30(A)(1)(a) and (b). Notice shall state the appropriate number of PEG channels and the service tiers required. Following receipt of that notice, the person shall provide PEG channels not later than 120 days after the municipal corporation is able to deliver the PEG channel content.
(Ord. 2007-55. Passed 9-17-2007.)