As used in this chapter, the following terms shall have the following meanings:
CABLE SERVICE: As defined in 47 USC section 522(6).
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.
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 220 Illinois Compiled Statutes 5/21-801(b).
B. Gross revenues do not include any of the following:
1. Revenues not actually received, even if billed, such as bad debt, subject to section 5/21-801(c)(1)(vi) of the act, as amended;
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 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 5/21-801(b) of the act, as amended, with respect to the service;
5. Any tax or fee of general applicability imposed upon the subscribers or the transaction 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.
8. 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 5/21-801(b) of the act, as amended, which would otherwise be paid by the cable service or video service.
HOLDER: A person or entity that has received authorization to offer or provide cable or video service from the commission pursuant to 220 Illinois Compiled Statutes 5/21-401.
PEG: Public, education and governmental.
PEG ACCESS SUPPORT FEE: The amount paid under this chapter and 220 Illinois Compiled Statutes 5/21-801(d) by the holder to the village for the service areas within its territorial jurisdiction.
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 220 Illinois Compiled Statutes 5/21-401.
SERVICE PROVIDER FEE: The amount paid under this chapter and 220 Illinois Compiled Statutes 5/21-801 by the holder to the village for the service areas within its territorial jurisdiction.
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 right 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 section 332(d) 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. (Ord. 2007-70, 11-15-2007)
A. Pursuant to the act, any holder offering cable service or video service on a commercial basis shall be liable for and pay a service provider fee to the village.
B. The service provider fee shall be five percent (5%) of gross revenues, or the same as the fee paid to the village by an incumbent cable operator providing cable service.
C. Any holder shall notify the village at least ten (10) days prior to the date on which the holder begins to offer cable service or video service in the village.
D. The holder shall be liable for and pay the service provider fee to the village. The holder's liability for the fee shall commence on the first day of the calendar month following thirty (30) days after receipt of the ordinance adopting this chapter by the holder. The ordinance adopting this chapter shall be sent by mail, postage prepaid, to the address listed on the holder's application notice sent pursuant to 220 Illinois Compiled Statutes 5/21-401(b)(6), as amended, to the village.
E. The payment of the service provider fee shall be due on a quarterly basis, forty five (45) days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee.
F. The fee hereby imposed does not apply to existing cable service or video service providers that have an existing franchise agreement with the village pursuant to which a fee is paid.
G. An incumbent cable operator that elects to terminate an existing agreement pursuant to 220 Illinois Compiled Statutes 5/21-301(c), as amended, with credit for prepaid franchise fees under that agreement may deduct the amount of such credit from the fees that operator owes pursuant to this section. (Ord. 2007-70, 11-15-2007)
A. Pursuant to the act, any holder offering cable service or video service on a commercial basis shall be liable for and pay a PEG access fee.
B. The PEG access fee shall be no less than: 1) one percent (1%) of gross revenues, or 2) if greater, the percentage of gross revenues that incumbent cable operators pay to the village or its designee for PEG access support in the village's jurisdiction. For the purposes of this subsection, the percentage of gross revenues that all incumbent cable operators pay shall be equal to the annual sum of the payments that incumbent cable operators in the service area are obligated to pay by franchises and agreements or by contracts with the village designee for PEG access in effect on January 1, 2007, including the total of any lump sum payments required to be made over the term of each franchise or agreement divided by the number of years of the applicable term, divided by the annual sum of such incumbent cable operator's gross revenues during the immediately prior calendar year. The sum of payments includes any payments that an incumbent cable operator is required to pay pursuant to section 21-301(c)(3) of the act, as amended.
C. The PEG access fee shall be due on a quarterly basis and paid forty five (45) days after the close of the calendar quarter. Each payment shall include a statement explaining the basis for the calculation of fees. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee.
D. An incumbent cable operator that elects to terminate an existing agreement pursuant to 220 Illinois Compiled Statutes 5/21-301(c), as amended, shall pay, at the time they would have been due, all monetary payments for PEG access that would have been due during the remaining term of the agreement had it not been terminated pursuant to that section. All payments made by an incumbent cable operator pursuant to the previous sentence may be credited against the fees that that operator owes pursuant to this section. (Ord. 2007-70, 11-15-2007)
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