Laserfiche WebLink
extent that such terms, conditions, and subject matters are not preempted by <br />federal law or regulations: <br /> <br />(1) The nature, scope, and duration of the agreement, including <br />provisions for its renewal or extension. <br /> <br />(2) The obligation of the open video system operator to pay to the City, <br />at specified times and in lieu of the franchise fees permitted under Section <br />622 of the Communications Act, fees on the gross revenue received by <br />the operator, as authorized by 47 CFR 76.1511, in accordance with the <br />following standards and procedures: <br /> <br />(i) The amount of the fees on the gross revenue will be the <br />maximum amount authorized by Section 653(c)(2)(B) of the <br />Communications Act, which is the rate imposed by the City on the <br />existing franchised cable operator. <br /> <br />(ii) The term "gross revenue" means (A)all gross revenue <br />received by an open video system operator or its affiliates, <br />including all revenue received from subscribers and all carriage <br />revenue received from unaffiliated video programming providers; <br />and (B)all advertising revenue received by the operator or its <br />affiliates in connection with the provision of video programming, <br />where such revenue is included in the calculation of the cable <br />franchise fee paid to the City by the incumbent franchised cable <br />operator. The term "gross revenue" does not include revenue, <br />such as subscriber or advertising revenue, collected by unaffiliated <br />video programming providers. <br /> <br />(3) The obligation of the open video system operator to comply with <br />requirements relating to information collection and recordkeeping, <br />accounting procedures, reporting, periodic audits, and inspection of <br />records in order to ensure the accuracy of the fees on the gross revenue <br />that are required to be paid as specified above in paragraph (b)(2). <br /> <br />(4) The obligation of the open video system operator to meet the City's <br />requirements with respect to public, educational, and governmental <br />access channel capacity, services, facilities, and equipment, as provided <br />for in 47 CFR 76.1505. In this regard, the following standards and <br />procedures apply: <br /> <br />(i) The open video system operator is subject to the same <br />public, educational, and governmental access requirements that <br />apply within the cable television franchise service area with which <br />its system overlaps. <br /> <br />Ordinance No. NS-2468 <br /> Page 15 of 24 <br /> <br /> <br />