Telecommunications Management LLC, dba New Wave, shall pay an
annual service provider fee to the City in an amount equal to 3% of
annual gross revenues derived from the provision of cable or video
service to households located within the City. The twelve-month period
for the computation of the service provider fee shall be a calendar
year.
The service provider fee payment shall be due quarterly and
payable within 45 days after the close of the preceding calendar quarter.
Each payment shall be accompanied by a brief report prepared by a
representative of the grantee showing the basis for the computation.
If mailed, the fee shall be considered paid on the date it is postmarked.
For purposes of the calculation of the service provider fee,
"gross revenues" shall mean consideration of any kind or nature, including,
without limitation, cash, credits, property, and in-kind contributions
received by Telecommunications Management LLC, dba New Wave, for the
operation of its cable system to provide cable or video service within
the City, including the following:
(A) Recurring charges for cable service or video service;
(B) Event-based charges for cable service or video service, including,
but not limited to, pay-per-view and video-on-demand charges;
(C) Rental of set-top boxes and other cable service or video service
equipment;
(D) Service charges related to the provision of cable service or video
service, including, but not limited to, activation, installation,
and repair charges;
(E) Administrative charges related to the provision of cable service
or video service, including but not limited to service order and service
termination charges;
(F) Late payment fees or charges, insufficient funds check charges, and
other charges assessed to recover the costs of collecting delinquent
payments;
(G) A pro rata portion of all revenue derived by the cable system from
advertising or for promotion or exhibition of any products or services;
and
(H) A pro rata portion of compensation derived by the cable system from
the promotion or exhibition of any products or services sold by "home
shopping" channels or similar services carried by the cable system.
For purposes of the calculation of the service provider fee,
"gross revenues" shall not include:
(A) Revenues
not actually received, even if billed, such as bad debt;
(B) The
service provider fee or any tax, fee or assessment of general applicability;
(C) Any
revenues received from services not classified as cable service or
video service, including, without limitation, revenue received from
telecommunications services, voice over internet protocol (VoIP) services,
information services, the provision of directory or Internet advertising,
or any other revenues attributed by the holder to noncable service
or nonvideo service in accordance with the holder's books and records
and records kept in the regular course of business and any applicable
laws, rules, regulations, standards, or orders;
(D) Security
deposits collected from subscribers; or
(E) Any
amounts paid by subscribers to "home shopping" or similar vendors
for merchandise sold through any home shopping channel offered as
part of the cable service or video service.
If any section, paragraph, subdivision, clause, sentence or
provision of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair,
invalidate, or nullify the remainder thereof, which remainder shall
remain and continue in full force and effect.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of such conflict.