[HISTORY: Adopted by the Common Council of the City of Rice Lake 8-8-2000
by Ord. No. 00-15. Amendments noted where applicable.]
GENERAL REFERENCES
Cable television franchise — See Ch. A262.
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meaning given herein.
Any person who has obtained a cable television franchise from the
city to provide cable service over a cable system, as defined under state
and federal law.
Has the same meaning as provided in the FCC's Cable Television
Rules, 47 C.F.R. § 76.5(ff).
The City of Rice Lake and any agency, department or agent thereof.
The Federal Communications Commission, its designee and any legally
appointed or elected successor.
All gross revenues received by an open video system (OVS) operator
or its affiliates, including all revenues received from subscribers and all
carriage revenues received from unaffiliated video programming providers.
In addition, gross revenues includes any advertising revenues received by
an OVS operator or its affiliates in connection with the provision of video
programming, where such revenues are included in the calculation of the cable
operator's cable franchise fee. Gross revenues does not include revenues
collected by unaffiliated video programming providers, such as subscriber
or advertising revenues. Any gross revenues fee that the OVS operator or its
affiliate collects from subscribers or video programming providers shall be
excluded from gross revenues.
A facility consisting of a set of transmission paths and associated
signal generation, reception and control equipment that is designed to provide
cable service which includes video programming and which is provided to multiple
subscribers within a community, provided that the FCC has certified that such
system complies with 47 C.F.R. Part 76, Subpart S.
Any person or group of persons who provides cable service over an
open video system and directly or through one or more affiliates owns a significant
interest in such open video system or otherwise controls or is responsible
for the management and operation of such an open video system.
A.
Gross revenues fee required. Every OVS operator shall
pay to the city a gross revenues fee based on a percentage of the OVS operator's
gross revenues for the provision of cable service within the territorial limits
of the City of Rice Lake. Such percentage shall be equal to the gross revenues
percentage paid to the city by the cable operator as a franchise fee for the
same period. If there is no cable operator, then the percentage shall be the
greater of 5% or the maximum percentage allowed for franchise fees under 47
U.S.C. § 542.
B.
Payment schedule. The gross revenues fee shall be paid
on a quarterly basis according to the following schedule: revenues for January
through March shall be reflected in a May 15th payment; revenues for April
through June shall be reflected in an August 15th payment; revenues for July
through September shall be reflected in a November 15th payment; and revenues
for October through December shall be reflected in a February 15th payment.
The payment period shall commence as of the effective date of this chapter.
C.
Audit of OVS operator's records. The city shall
have the right to conduct an independent audit of the OVS operator's
records to verify the accuracy of the gross revenues fee payments. If such
audit indicates a gross revenues fee underpayment of five percent or more,
the OVS operator shall assume all reasonable costs of such audit.
D.
Interest on delinquent payments. If any gross revenues
fee payment is not made as required, interest on the amount due shall accrue
from the date of the required submittal at an annual rate of 12 percent. The
OVS operator shall pay additional compensation to the city if the payment
is late by 45 days or more. Such additional compensation shall be equal to
an additional six percent per annum in order to defray those additional expenses
and costs incurred by the city by reason of the delinquent payment.
A.
PEG channels. An OVS operator shall satisfy the same PEG access obligation of the cable operator by providing the same amount of channel capacity for PEG access. In addition, an OVS operator shall ensure that all of its subscribers within the cable operator's franchise area receive all PEG channels over its open video system. The cost, if any, to connect the open video system to the cable operator's PEG access channel feed shall be borne by the OVS operator. Such costs shall be counted towards the OVS operator's matching financial contributions set forth in § 164-3B.
B.
PEG access facilities and support. An OVS operator shall
also satisfy the same PEG access obligations as the cable operator by matching
the cable operator's annual financial contributions towards PEG access
services, facilities and equipment that are actually used for PEG access services,
facilities and equipment. For in-kind contributions (e.g., cameras, production
studios), the OVS operator may satisfy its obligations under 47 U.S.C. § 573
by negotiating mutually agreeable terms with the cable operator so that PEG
access services to the community is improved or increased. If such terms cannot
be agreed upon, the OVS operator must pay to the city the monetary equivalent
of the cable operator's depreciated in-kind contribution or, in the case
of facilities, the annual amortization value. Any matching contributions provided
by the OVS operator shall be used to fund activities arising under 47 U.S.C.
§ 531.
An OVS operator shall be subject to all requirements of state and local
law regarding authorization to use or occupy the public rights-of-way, except
to the extent specifically prohibited by federal law. FCC approval of an OVS
operator's certification pursuant to 47 U.S.C. § 573 shall
not be taken to confer upon such operator any authority to use or occupy the
public rights-of-way that such operator would not otherwise possess.
