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§ 866.01 DEFINITIONS.
   The following words and/or phrases used in this section are defined in Chapter 802, § 802.01.
   INCUMBENT CABLE PROVIDER
   PEG
   VIDEO SERVICE
   VIDEO SERVICE AUTHORIZATION or VSA
   VIDEO SERVICE PROVIDER or VSP
   VIDEO SERVICE PROVIDER FEE or VSP FEE
(Ord. 07-64, passed 12-27-2007)
§ 866.02 VSP FEE, PERCENTAGE, AND AUDIT.
   (a)   Not sooner than 45 nor later than 60 days after the end of each calendar quarter, a video service provider shall pay a video service provider fee to the city. The fee shall be calculated quarterly by determining the provider's gross revenue for the preceding calendar quarter as described in subsection (b) of this section and multiplying the result by the percentage specified in subsection (c)(1) or (2) of this section.
   (b)   Gross revenue shall be computed in accordance with generally accepted accounting principles.
      (1)   Gross revenue shall consist of all of the following revenue for the calendar quarter that is collected by the provider for video service from all its subscribers having service addresses within the City:
         A.   Recurring monthly charges for video service;
         B.   Event-based charges for video service, including, but not limited to, pay-per-view and video-on-demand charges;
         C.   Charges for rental of set top boxes and other video service equipment;
         D.   Service charges related to the provision of video service, including, but not limited to, activation, installation, and repair;
         E.   Administrative charges related to the provision of video service, including, but not limited to, service order and service termination charges;
         F.   Advertising revenue. (EDITOR’S NOTE: The definition contained in this section is also located in Chapter 802, § 802.01.) For these purposes, ADVERTISING REVENUE means the net revenue received by the video service provider for advertising on its subscription-based video service within the city. If such revenue is derived under a regional or national compensation contract or arrangement between the video service provider and one or more advertisers or advertising representatives, the amount of revenue derived for the city shall be determined by multiplying the total net revenue received by the video service provider under the contract or arrangement by the percentage resulting from dividing the number of subscribers in the city by the total number of regional or national subscribers that potentially receive the advertising under the contract or arrangement.
      (2)   Gross revenue shall not include any of the following:
         A.   Any taxes, fees, or assessments that are collected by the video service provider from video service subscribers for pass-through to any federal, state, or local government agency, including the video service provider fee authorized under this section, the fee authorized under Ohio R.C. 1332.30(F), and the Federal Communication Commission user fee;
         B.   Uncollectible charges, except that uncollectible charges, all or part of which are written off as bad debt but subsequently collected, less the expenses of their collection shall be included in gross revenue in the quarter collected;
         C.   Late payment charges;
         D.   Maintenance charges;
         E.   Charges for services other than video service, reasonably identifiable on books or records the video service provider keeps in the regular course of business or by other reasonable means, that are aggregated or bundled with amounts billed to video service subscribers, including, but not limited to, any revenue received by a video service provider or its affiliates for telecommunications service, information service, or the provision of directory or internet advertising, including yellow pages, white pages, banner advertising, and electronic publishing;
         F.   Reimbursement by programmers of marketing costs actually incurred by the video service provider;
         G.   Any revenue not expressly enumerated in subsection (b)(1) of this section.
   (c)   (1)   If in a calendar quarter a franchise fee is payable by a provider under a franchise in effect in the city, the percentage of gross revenue payable in that calendar quarter by the video service provider to the city shall be the same percentage of gross revenue payable in that calendar quarter pursuant to that franchise, not to exceed five percent.
      (2)   Otherwise, the percentage shall be five percent of a video service provider's gross revenues, as calculated in accordance with this chapter.
   (d)   A video service provider that pays a video service provider fee pursuant to this section may identify and collect the amount of that fee as a separate line item on the regular bill of each of its video service subscribers that has a service address within any portion of the city.
   (e)   (1)   At its sole expense and not more often than once per calendar year, the city or its designee may conduct an audit for the purpose of verifying the accuracy of a video service provider's calculation of the video service provider fees it paid to city in the audit period. For the purpose of the audit, the video service provider shall make available for inspection, at the location where such records are kept in the normal course of business, those records pertaining to its gross revenue as defined in § 866.02(b) of the Xenia Ordinances.
      (2)   A video service provider shall pay any amounts found to have been underpaid in the audit within 30 days after notice and shall include interest on the underpayments. However, payment need not be made in that 30-day period if the video service provider brings an action under subsection (e)(3) of this section.
      (3)   An action by the city or by the video service provider to dispute the amount of video service provider fee due based on the audit results may be brought in a court of competent jurisdiction not later than two years following the end of the quarter to which the disputed amount relates.
(Ord. 07-64, passed 12-27-2007)
§ 866.03 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 city in § 866.02 which notice shall be delivered in a manner that provides for proof of timely delivery.
(Ord. 07-64, passed 12-27-2007)
§ 866.04 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 120 days after delivery of such notice.
(Ord. 07-64, passed 12-27-2007)
§ 866.05 ACCESS PROGRAMMING REQUIREMENT.
   In accordance with the requirements of Ohio R.C. 1332.30(A)(l)(a), when more than three PEG access channels are provided to the city by an incumbent cable provider or VSP, such additional channel shall be programmed by the city with at least 40 hours of non-character generated content per week with at least 60 percent of the programming being non-repeat and locally produced. (EDITOR’S NOTE: The definition contained in this section is also located in Chapter 802, § 802.01.) For the purposes of this section NON-REPEAT AND LOCALLY PRODUCED shall mean the first three playbacks of programming produced or provided by any local resident, or any local public or private agency that provides services to residents of Xenia, or any transmission of a meeting or proceeding of any local, state, or federal governmental entity.
(Ord. 07-64, passed 12-27-2007)
§ 866.06 FEE PAYMENT REQUIREMENTS.
   Any VSP Fee or community service fee payments required to be paid to the city by a VSP shall be made quarterly and be remitted directly to the City of Xenia via a negotiable instrument made payable to the City of Xenia, 101 N. Detroit St., Xenia, Ohio 45385, not later than 60 days after the end of a calendar quarter.
(Ord. 07-64, passed 12-27-2007)
§ 866.07 PEG ORIGINATION POINT.
   The PEG programming origination point of the city for the delivery of VSP access services shall be located at City Hall, City of Xenia, 101 N. Detroit St., Xenia, Ohio 45385.
(Ord. 07-64, passed 12-27-2007)
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