[R.O. 2008 §15-251; Ord. No. 4099 §1, 9-6-2007]
A. 
To the extent permitted by the 2007 Video Services Providers Act, the City Council of the City of Creve Coeur, Missouri, hereby ratifies all existing agreements, franchises, Code provisions and ordinances regulating cable television operators and other video service providers, including the imposition of a franchise fee of five percent (5%) imposed on the gross revenues of all such providers and further declares that such agreements, franchises and ordinances shall continue in full force and effect until expiration as provided therein or until pre-empted by the issuance of video service authorizations by the Missouri Public Service Commission or otherwise by law, but only to the extent of said pre-emption.
B. 
It shall be unlawful for any person to provide video services, as defined in Section 635.330, within the City without an agreement, franchise or ordinance approved by the City or a video service authorization issued by the Missouri Public Service Commission.
[R.O. 2008 §15-252; Ord. No. 4099 §1, 9-6-2007]
A. 
Definitions. As used in this Article, the following terms shall have the following meanings unless otherwise defined by context:
FRANCHISE AREA
The total geographic area of the City authorized to be served by an incumbent cable television operator or incumbent local exchange carrier or affiliate thereof.
GROSS REVENUES
The total amounts billed to subscribers or received by an entity holding a video service authorization from advertisers for the provision of video services within the City, including:
[Ord. No. 5747, 8-23-2021]
1. 
Recurring charges for video service;
2. 
Event-based charges for video service, including, but not limited to, pay-per-view and video-on-demand charges;
3. 
Rental of set-top boxes and other video service equipment;
4. 
Service charges related to the provision of video service, including, but not limited to, activation, installation, repair and maintenance charges;
5. 
Administrative charges related to the provision of video service, including, but not limited to, service order and service termination charges; and
6. 
A pro rata portion of all revenue derived, less refunds, rebates or discounts, by a video service provider for advertising over the video service network to subscribers, where the numerator is the number of subscribers within the City and the denominator is the total number of subscribers reached by such advertising; but gross revenues do not include:
a. 
Discounts, refunds and other price adjustments that reduce the amount of compensation received by an entity holding a video service authorization;
b. 
Uncollectibles;
c. 
Late payment fees;
d. 
Amounts billed to subscribers to recover taxes, fees or surcharges imposed on subscribers or video service providers in connection with the provision of video services, including the video service provider fee authorized herein;
e. 
Fees or other contributions for PEG or I-net support; or
f. 
Charges for services other than video service that are aggregated or bundled with amounts billed to subscribers, provided the video service provider can reasonably identify such charges on books and records kept in the regular course of business or by other reasonable means.
Except with respect to the exclusion of the video service provider fee, gross revenues shall be computed in accordance with generally accepted accounting principles. Effective as of August 28, 2023, "Gross Revenues" shall be limited to the total amounts billed to video service subscribers for recurring charges for video service and event-based charges for video service, including, but not limited to, pay-per-view and video-on-demand charges.
HOUSEHOLD
An apartment, a house, a mobile home or any other structure or part of a structure intended for residential occupancy as separate living quarters.
LOW-INCOME HOUSEHOLD
A household with an average annual household income of less than thirty-five thousand dollars ($35,000.00) as determined by the most recent decennial census.
PERSON
An individual, partnership, association, organization, corporation, trust or government entity.
SUBSCRIBER
Any person who receives video services in the franchise area.
VIDEO SERVICE
The provision of video programming provided through wireline facilities, without regard to delivery technology, including Internet protocol technology, whether provided as part of a tier, on demand or a per-channel basis, including cable service as defined by 47 U.S.C. Section 522(6), but excluding video programming provided by a commercial mobile service provider defined in 47 U.S.C. Section 332(d) or any video programming provided solely as part of and via a service that enables users to access content, information, electronic mail or other services offered over the public Internet.
VIDEO SERVICE AUTHORIZATION
The right of a video service provider or an incumbent cable operator that secures permission from the Missouri Public Service Commission pursuant to Section 67.2675 to 67.2714, RSMo., to offer video service to subscribers.
VIDEO SERVICE NETWORK
Wireline facilities, or any component thereof, that deliver video service, without regard to delivery technology, including Internet protocol technology or any successor technology. The term "video service network" shall include cable television systems.
VIDEO SERVICE PROVIDER OR PROVIDER
Any person authorized to distribute video service through a video service network pursuant to a video service authorization.
VIDEO SERVICE PROVIDER FEE
The fee imposed under Subsection (C) hereof.
B. 
General Regulations.
1. 
A video service provider shall provide written notice to the City at least ten (10) days before commencing video service within the City. Such notice shall also include:
a. 
The name, address and legal status of the provider;
b. 
The name, title, address, telephone number, e-mail address and fax number of individual(s) authorized to serve as the point of contact between the City and the provider so as to make contact possible at any time (i.e., twenty-four (24) hours per day, seven (7) days per week); and
c. 
A copy of the provider's video service authorization issued by the Missouri Public Service Commission.
2. 
A video service provider shall also notify the City, in writing, within thirty (30) days of:
a. 
Any changes in the information set forth in or accompanying its notice of commencement of video service; or
b. 
Any transfer of ownership or control of the provider's business assets.
3. 
A video service provider shall not deny access to service to any group of potential residential subscribers because of the race or income of the residents in the area in which the group resides. A video service provider shall be governed in this respect by Section 67.2707, RSMo. The City may file a complaint in a court of competent jurisdiction alleging a germane violation of this Subsection, which complaint shall be acted upon in accordance with Section 67.2711, RSMo.
4. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection (B)(4), regarding FCC emergency message requirements, was repealed 8-23-2021 by Ord. No. 5747.
5. 
A video service provider shall, at its sole cost and expense, indemnify, hold harmless and defend the City, its officials, boards, board members, commissions, commissioners, agents and employees, against any and all claims, suits, causes of action, proceedings and judgments ("claims") for damages or equitable relief arising out of:
a. 
The construction, maintenance, repair or operation of its video services network;
b. 
Copyright infringements; and
c. 
Failure to secure consents from the owners, authorized distributors or licensees or programs to be delivered by the video service network. Such indemnification shall include, but is not limited to, the City's reasonable attorneys' fees incurred in defending against any such claim prior to the video service provider assuming such defense. The City shall notify the provider of a claim within seven (7) business days of its actual knowledge of the existence of such claim. Once the provider assumes the defense of the claim, the City may at its option continue to participate in the defense at its own expense. This indemnification obligation shall not apply to any claim related to the provision of public, educational or governmental channels or programming or to emergency interrupt service announcements.
C. 
Video Service Provider Fee.
[Ord. No. 5602, 9-11-2018]
1. 
Each video service provider shall pay to the City a video service provider fee in the amount of five percent (5%) of the provider's gross revenues on or before the last day of the month following the end of each calendar quarter. The City may adjust the video service provider fee as permitted in Section 67.2689, RSMo. Each video service provider is hereby required to file with the Finance Director a sworn statement showing the gross receipts of such business within the City in the form prescribed by the Finance Director. For the business transacted and the gross receipts each quarter, a statement shall be due and filed by the last day of the month following the end of each calendar quarter. At the same time the statement is required to be filed, payment of the tax due on the gross receipts reported in the statement shall be made to the City at the rate set forth herein.
2. 
A video service provider may identify and pass through on a proportionate basis the video service provider fee as a separate line item on subscribers' bills.
3. 
The City, not more than once per calendar year and at its own cost, may audit the gross revenues of any video service provider as provided in Section 67.2691, RSMo. A video service provider shall make available for inspection all records pertaining to gross revenues at the location where such records are kept in the normal course of business.
4. 
Beginning August 28, 2023, the video service provider fee shall be four and one-half percent (4.5%) of gross revenues. Beginning August 28, 2024, the video service provider fee shall be four percent (4%) of gross revenues. Beginning August 28, 2025, the video service provider fee shall be three and one-half percent (3.5%) of gross revenues. Beginning August 28, 2026, the video service provider fee shall be three percent (3%) of gross revenues. Beginning August 28, 2027, the video service provider fee shall be two and one-half percent (2.5%) of gross revenues.
[Ord. No. 5747, 8-23-2021]
D. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection (D), regarding customer service requirements, was repealed 8-23-2021 by Ord. No. 5747.
E. 
(Reserved)[3]
[3]
Editor's Note: Former Subsection (E), regarding public, educational and government access programming, was repealed 8-23-2021 by Ord. No. 5747.
F. 
Compliance With Other Regulations. All video service providers shall comply with all other applicable laws and regulations.