[Added 1-8-2008 by Ord.
No. 3-2008]
As used in this article, the following terms shall have the
following meanings:
The Cable and Video Competition Law of 2007 (220 ILCS 5/21-100
et seq.).[1]
That term as defined in 47 U.S.C. § 522(6).
The Illinois Commerce Commission.
That term as defined in 220 ILCS 5/21-801(c) of the Act.
A person or entity that has received authorization to offer
or provide cable or video service from the Commission pursuant to
220 ILCS 5/21-401 of the Act.
Public, educational and governmental.
The amount paid under this article and 220 ILCS 5/21-801(d)
of the Act by the holder to the City for the service areas within
its territorial jurisdiction.
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 ILCS 5/21-401 of the Act.
The amount paid under this article and 220 ILCS 5/21-801
of the Act by the holder to a city for the service areas within its
territorial jurisdiction.
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 U.S.C. § 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.
(A)
Fee imposed. A fee of 5% of the holder's gross revenues is hereby
imposed on any holder providing cable service or video service in
the City.
(B)
Notice to the City. A holder shall notify the City at least 10 days
prior to the date on which the holder begins to offer cable service
or video service in the City.
(C)
Holder's liability. The holder shall be liable for and pay the service
provider fee to the City. The holder's liability for the fee shall
commence on the first day of the calendar month following 30 days
after receipt of the ordinance adopting this article by the holder.
The ordinance adopting this article shall be sent by mail, postage
prepaid, to the address listed on the holder's application notice
sent pursuant to 220 ILCS 5/21-401(b)(6) of the Act to the City.
(D)
Payment date. The payment of the service provider fee shall be due
on a quarterly basis, 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.
(E)
Exemption. The fee hereby imposed does not apply to existing cable
service or video service providers that have an existing franchise
agreement with the City in which a fee is paid.
(F)
Credit for other payments. An incumbent cable operator that elects
to terminate an existing agreement pursuant to 220 ILCS 5/21-301(c)
of the Act with credit for prepaid franchise fees under that agreement
may deduct the amount of such credit from the fees that operator owes
under this section.
(A)
PEG access support fee imposed. A PEG access support fee of 1% of the holder's gross revenues or, if greater, the percentage of gross revenues that incumbent cable operators pay to the City or its designee for PEG access support in the City is hereby imposed on any holder providing cable service or video service in the City in addition to the fee imposed pursuant to § 3.21 of this article.
(B)
Payment. The holder shall pay the PEG access support fee to the City or to the entity designated by the City to manage PEG access. The holder's liability for the PEG access support fee shall commence on the date set forth in § 3.21 of this article.
(C)
Payment due. The payment of the PEG access support fee shall be due
on a quarterly basis, 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.
(D)
Credit for other payments. An incumbent cable operator that elects
to terminate an existing agreement pursuant to 220 ILCS 5/21-301(c)
of the Act 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 under this section.
All determinations and calculations under this article shall
be made pursuant to generally accepted accounting principles.
Nothing contained in this article shall be construed to exempt
a holder from any tax that is or may later be imposed by the City,
including any tax that is or may later be required to be paid by or
through the holder with respect to cable service or video service.
A state-issued authorization shall not affect any requirement of the
holder with respect to payment of the City's simplified municipal
telecommunications tax or any other tax as it applies to any telephone
service provided by the holder. A state-issued authorization shall
not affect any requirement of the holder with respect to payment of
the local unit of government's 911 or E911 fees, taxes or charges.
(A)
Audit requirement. The City will notify the holder of the requirements it imposes on other cable service or video service providers to submit to an audit of its books and records. The holder shall comply with the same requirements the City imposes on other cable service or video service providers in its jurisdiction to audit the holder's books and records and to recompute any amounts determined to be payable under the requirements of the City. If all local franchises between the City and cable operator terminate, the audit requirements shall be those adopted by the City in Chapter 18, Article 6, Locally Imposed and Administered Tax Rights and Responsibility Procedures, of the City Code. No acceptance of amounts remitted should be construed as an accord that the amounts are correct.
(B)
Additional payments. Any additional amount due after an audit shall
be paid within 30 days after the City's submission of an invoice for
the sum.
All fees due and payments which are past due shall be governed by the provisions of Chapter 3, Article 3, of the Municipal Code of the City of Hometown.
