[Ord. 2008-28, 12-15-2008, § 2]
As used in this chapter, the following terms shall have the
following meanings:
That term as defined in 47 USC Section 522(6).
The Illinois commerce commission.
All consideration of any kind or nature, including, without
limitation, cash, credits, property, and in-kind contributions received
by the holder for the operation of a cable or video system to provide
cable service or video service within the holder's cable service
or video service area within the Village.
Gross revenues shall include the following:
Recurring charges for cable or video service.
Event based charges for cable service or video service, including,
but not limited to, pay per view and video on demand charges.
Rental of set top boxes and other cable service or video service
equipment.
Service charges related to the provision of cable service or
video service, including, but not limited to, activation, installation,
and repair charges.
Administrative charges related to the provision of cable service
or video service, including, but not limited to, service order and
service termination charges.
Late payment fees or charges, insufficient funds check charges,
and other charges assessed to recover the costs of collecting delinquent
payments.
A pro rata portion of all revenue derived by the holder or its
affiliates pursuant to compensation arrangements for advertising or
for promotion or exhibition of any products or services derived from
the operation of the holder's network to provide cable service
or video service within the Village. The allocation shall be based
on the number of subscribers in the Village divided by the total number
of subscribers in relation to the relevant regional or national compensation
arrangement.
Compensation received by the holder that is derived from the
operation of the holder's network to provide cable service or
video service with respect to commissions that are received by the
holder as compensation for promotion or exhibition of any products
or services on the holder's network, such as a "home shopping"
or similar channel, subject to Subsection (a)(9) of this definition.
In the case of a cable service or video service that is bundled
or integrated functionally with other services, capabilities, or applications,
the portion of the holder's revenue attributable to the other
services, capabilities, or applications shall be included in the gross
revenue unless the holder can reasonably identify the division or
exclusion of the revenue from its books and records that are kept
in the regular course of business.
The service provider fee permitted by 220 Illinois Compiled
Statutes 5/21-801(b).
Gross revenues do not include any of the following:
Revenues not actually received, even if billed, such as bad
debt, subject to 220 Illinois Compiled Statutes 5/21-801(c)(1)(vi).
Refunds, discounts, or other price adjustments that reduce the
amount of gross revenues received by the holder of the state issued
authorization to the extent the refund, rebate, credit, or discount
is attributable to cable service or video service.
Regardless of whether the services are bundled, packaged, or
functionally integrated with cable service or video service, any revenues
received from services not classified as cable service or video service,
including, without limitation, revenue received from telecommunication
services, information services, or the provision of directory or internet
advertising, including yellow pages, white pages, banner advertisement,
and electronic publishing 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.
The sale of cable services or video services for resale in which
the purchaser is required to collect the service provider fee from
the purchaser's subscribers to the extent the purchaser certifies
in writing that it will resell the service within the Village and
pay the fee permitted by 220 Illinois Compiled Statutes 5/21-801(b)
with respect to the service.
Any tax or fee of general applicability imposed upon the subscribers
or the transaction by a city, state, federal, or any other governmental
entity and collected by the holder of the state issued authorization
and required to be remitted to the taxing entity, including sales
and use taxes.
Security deposits collected from subscribers.
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.
Revenue of an affiliate of a holder shall be included in the
calculation of gross revenues to the extent the treatment of the revenue
as revenue of the affiliate rather than the holder has the effect
of evading the payment of the fee permitted by 220 Illinois Compiled
Statutes 5/21-801(b) which would otherwise be paid by the cable service
or video service.
A person or entity that has received authorization to offer
or provide cable or video service from the commission pursuant to
220 Illinois Compiled Statutes 5/21-401.
Public, education and governmental.
The amount paid under this chapter and 220 Illinois Compiled
Statutes 5/21-801(d) by the holder to the Village 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 Illinois Compiled Statutes 5/21-401.
The amount paid under this chapter and 220 Illinois Compiled
Statutes 5/21-801 by the holder to a Village 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 USC Section 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.
[Ord. 2008-28, 12-15-2008, § 2]
(a)
Fee Imposed. A fee is hereby imposed on any holder providing cable
service or video service in the Village.
(b)
Amount of Fee. The amount of the fee imposed hereby shall be 5% of
the holder's gross revenues.
(c)
Notice to the Village. The holder shall notify the Village at least
10 days prior to the date on which the holder begins to offer cable
service or video service in the Village.
(d)
Holder's Liability. The holder shall be liable for and pay the
service provider fee to the Village. 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 chapter by the
holder. The ordinance adopting this chapter shall be sent by mail,
postage prepaid, to the address listed on the holder's application
notice sent pursuant to 220 Illinois Compiled Statutes 5/21-401(b)(6)
to the Village.
(e)
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.
(f)
Exemption. The fee hereby imposed does not apply to existing cable
service or video service providers that have an existing franchise
agreement with the Village in which a fee is paid.
(g)
Credit for Other Payments. An incumbent cable operator that elects
to terminate an existing agreement pursuant to 220 Illinois Compiled
Statutes 5/21-301(c) with credit for prepaid franchise fees under
that agreement may deduct the amount of such credit from the fees
that operator owes under subsection(b) of this section.
[Ord. 2008-28, 12-15-2008, § 2]
(a)
PEG Fee Imposed. A PEG access support fee is hereby imposed on any holder providing cable service or video service in the Village in addition to the fee imposed pursuant to Section 55-2 of this chapter.
(b)
Amount of Fee. The amount of the PEG access support fee imposed hereby
shall be 1% of the holder's gross revenues or, if greater, the
percentage of gross revenues that incumbent cable operators pay to
the Village or its designee for PEG access support in the Village.
(c)
Payment. The holder shall pay the PEG access support fee to the Village or to the entity designated by the Village to manage PEG access. The holder's liability for the PEG access support fee shall commence on the date set forth in subsection 55-2(d) of this chapter.
(d)
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.
(e)
Credit for Other Payments. An incumbent cable operator that elects
to terminate an existing agreement pursuant to 220 Illinois Compiled
Statutes 5/21-301(c) 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 subsection(b) of this section.
[Ord. 2008-28, 12-15-2008, § 2]
All determinations and calculations under this chapter shall
be made pursuant to generally accepted accounting principles.
[Ord. 2008-28, 12-15-2008, § 2]
Nothing contained in this chapter shall be construed to exempt
a holder from any tax that is or may later be imposed by the Village,
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 Village'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.
[Ord. 2008-28, 12-15-2008, § 2]
(a)
Audit Requirement. The Village 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 Village 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 Village. If all local franchises between
the Village and cable operator terminate, the audit requirements shall
be those adopted by the Village pursuant to the local government taxpayers'
bill of rights act, 50 Illinois Compiled Statutes 45/1 et seq. 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 municipality's submission of
an invoice for the sum.
(c)
Gross Revenue Statement. The holder shall file annually with the
Village no later than 120 days after the end of the holder's
fiscal year, a copy of a gross revenues statement certified by an
officer of the holder.
[Ord. 2008-28, 12-15-2008, § 2]
All fees due and payments which are past due shall be governed
by ordinances adopted by this Village pursuant to the local government
taxpayers' bill of rights act, 50 Illinois Compiled Statutes
45/1 et seq.
