(a) Following the receipt of the required notice of a video service provider’s (hereinafter “VSP”) intent to offer video services in the City in accordance with a Video Service Authorization (hereinafter “VSA”) issued in accordance with Ohio Revised Code (hereinafter “ORC”) Section 1332.27, and as compensation for the benefits and privileges granted under said VSA and in consideration of permission to use the City’s rights-of-way, any VSP shall pay to the City a video service provider fee in the amount of five percent (5%) of the VSP’s gross revenue including advertising revenues as defined in ORC Section 1332.32.
(b) The proper city official shall serve notice of this video service provider fee upon the VSP, within ten (10) days of the City receiving the required notice of the VSP’s intent to offer video services within the City.
(c) The City represents its intent and reserves its right to charge up to the maximum amount of the video service provider fees allowed by law, to include the addition of advertising revenues, presently set at five percent (5%) in accordance with ORC Section 1332.32(C)(1)(b).
(d) All video service provider fee payments shall be made no sooner than forty-five (45) nor later than sixty (60) days after the end of each calendar quarter in accordance with ORC Section 1332.32(A).
(e) 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 by the City for further or additional sums payable as a video service provider fee or from the performance of any other obligation of the VSP. (Ord. 07-113. Passed 12-10-07.)