This article imposes a tax on persons who sell video programming
to subscribers in Abington Township by means of transmission, or who
provide such subscribers with access to video programming by any means
of transmission, and providing penalties, all as authorized by the
Video Programming Municipal Tax Authorization Act, and under certain terms and conditions.
As used in this article, the following terms shall have the
meanings indicated:
CABLE TELEVISION OPERATOR
Any person or group of persons who provides cable service
over a cable system and who, directly or through one or more affiliates,
owns an interest in such cable system, or who otherwise controls or
is responsible for, through any arrangement, the management and operation
of a cable system. The term does not include a provider of wireless
or direct-to-home satellite transmission service.
DIRECT-TO-HOME SATELLITE TRANSMISSION
The transmission, distribution, or broadcasting of video
programming or services by satellite directly to subscribers' premises
without the use of ground receiving or distribution equipment, except
at the site of the subscribers' premises or in the uplink process
to the satellite.
GROSS RECEIPTS
A.
Gross receipts shall include:
(1)
The amount charged for or received by video programmers from
sales of video programming to subscribers with service addresses in
the Township, and related charges for bad check and late payment charges,
installation, connection, additional outlets, repair services, digital
audio services, radio services, programming guides and equipment rental
services upon which cable television operators within the Township
pay franchise fees; and
(2)
The amount charged for or received by common carriers from sales
of access to video programming to subscribers with service addresses
in the Township, and related charges for bad check and late payment
charges, installation, connection, additional outlets, repair services,
digital audio services, radio services, programming guides, and equipment
rental services upon which cable television operators within the Township
pay franchise fees; and
(3)
The amount charged for or received by persons from sales of
access to video programming by any means of transmission, other than
wireless or direct-to-home satellite transmission, directly to subscribers
with service addresses in the municipality.
B.
Gross receipts shall not include:
(1)
Amounts charged for or received by persons from sales of telephone
access or service that entitles the subscriber to the privilege of
interactive telephone quality telecommunications, with substantially
all persons having telephone or radio telephone stations constituting
a part of a particular system or in a specified area;
(2)
Any revenues received by persons providing access to video programming
from video programmers for the transport of video programming to a
subscriber's premises or access to the video dial-tone network;
(3)
The tax imposed under this Part 2 if the tax is shown as a separate
line charge to subscribers;
(4)
Any other taxes, fees, or surcharges on services furnished by
persons providing access to video programming or video programmers
as imposed on subscribers by the commonwealth cities, incorporated
towns, townships, boroughs, counties, or home rule municipalities
pursuant to statute, ordinance, resolution or regulation, and which
are collected on behalf of the governmental unit by the provider of
the services;
(5)
Any portion of a debt related to the sale of video programming
or the sale of access to a video network, the gross charges for which
are not otherwise deductible or excludable, that have become worthless
or uncollectible as determined under applicable federal income tax
standards. If the portion of the debt deemed to be bad is subsequently
paid, the video programmer or person shall report and pay the tax
imposed under this Part 2 on that portion during the reporting period
in which the payment is made;
(6)
Amounts received from retail sales of tangible personal property
that provides access to video programming;
(7)
Amounts charged for or received by persons from sales of video
programming which is delivered to subscribers through a satellite
master antenna television (SMATV) system; or
(8)
Amounts received by a common carrier from persons for related
charges for bad check and late payment charges, installation, connection,
additional outlets, repair services, digital audio services, radio
services, programming guides, and equipment rental services that are
resold by such persons to the ultimate consumer.
PERSON
Any individual, partnership, association, joint stock company,
trust, corporation, government entity, limited liability company,
or any other entity.
SUBSCRIBER
The ultimate consumer of the video programming provided by
video programmers over any means of transmission other than wireless
or direct-to-home satellite transmission. The term does not include
a video programmer that purchases video dial-tone transport service
to provide video programming over a video dial-tone system.
VIDEO PROGRAMMING
Video or information programming, whether in digital or analog
format, that is provided by a cable operator, or generally considered
comparable programming provided by a cable television operator, and
upon which such cable television operator pays a franchise fee. The
term does not include on-line, interactive information services to
the extent that access to such services is accomplished via a dial-up
or private telephone line or via wireless or direct-to-home satellite
transmission.
WIRELESS TRANSMISSION
The distribution of video programming using radio communications,
including, but not limited to, terrestrial-based radio systems.
The Township's finance officer shall provide video programmers
and persons providing access to video programming subscribers within
the Township all the information which the Township is required to
provide such persons under § 6 of the Video Programming
Municipal Tax Authorization Act.
Section 1 of this Part
2 shall take effect on the first day of the first month which begins at least 60 days after this Part
2 becomes law. Section 2 of this Part
2 shall take effect immediately.
Video programmers shall provide the Township with annual reports,
audit reports, and any other documentation necessary to determine
compliance with the provisions of this Part 2.