Section 10-2 Video service provider fee.
Prior to the adoption of Ord. 19672 on 09/17/2007, Section 10-2 read as follows.
Words not defined in this chapter or in chapter 1 of this code shall
have the same meaning as
in Title 47 of the United States Code, § 521 et seq. ,
and, if not defined therein, their common and
ordinary meaning. The following definitions apply to this chapter.
access," or "PEG use" refers to the availability
of a cable system or open
video system for public, education or government use (including institutional network use) by
various agencies, institutions, organizations, groups, and individuals, including the city and its
designated access providers, to acquire, create, and distribute programming not under a
franchisee's editorial control.
means a person that (directly or indirectly) owns or controls, is owned or
controlled by, or is under common ownership or control with, another person.
means any service tier regularly provided to all subscribers which includes
the retransmission of local television broadcast signals.
means the Cable Communications Policy Act of 1984, 47 U.S.C. § 521 et seq.,
as amended by the Cable Television Consumer Protection and Competition Act of 1992, as
further amended by the Telecommunications Act of 1996, as further amended from time to time.
Cable communications system refers
to open video systems (OVS) and cable systems.
means a facility, consisting of a set of closed 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, but such term does not include:
(1) A facility that serves only to retransmit
the television signals of one
or more television broadcast stations;
(2) A facility that serves subscribers without
using, or connecting to a
facility that uses, any public right-of-way within the city;
(3) A facility of a common carrier which is
subject, in whole or in part,
to the provisions of Title II (Common Carriers) of the Communications Act
of 1934, as amended, except that such facility shall be considered a cable
system to the extent such facility is used in the transmission of video
programming or cable services directly to subscribers, unless the extent of
such use is solely to provide interactive on-demand services;
(4) Any facilities of any electric utility
used solely for operating its
electric utility systems; or
(5) An OVS that is certified by the FCC. Any reference to a cable
system includes the cable system as a whole, or any part thereof, including
all facilities, pedestals, equipment cabinets, electronic equipment and
devices appurtenant to the system.
Cable service means:
(1) The one-way transmission to subscribers of
(i) video programming, or (ii) other
programming service, and
(2) Subscriber interaction, if any, which is
required for the selection or use of such video
programming or other programming service.
Change of Control or Controlling Interest means
actual working control in whatever
manner exercised, including, without limitation, working control through ownership or
management of the Franchise.
Channel means a portion of the electromagnetic
frequency spectrum which is used in a
cable system or OVS and which is capable of delivering a television signal whether in an analog
or digital format. The definition does not restrict the use of any channel to the transmission
analog television signals or one way transmission.
City Manager means the city manager
or the city managers designee.
Construction, operation or repair
and similar formulations of that term means the named
actions interpreted broadly, encompassing, among other things, installation, extension,
maintenance, replacement of components, relocation, undergrounding, grading, site preparation,
adjusting, testing, make-ready, and excavation.
"Downstream channel" means a channel
designed and activated to carry a transmission from
the headend to other points on a cable communications system, including interconnections.
FCC means the Federal Communications
Franchise means an initial
authorization, or renewal thereof, issued by the city which
authorizes the construction or operation of a cable system.
Franchise area means the area of
the city that a franchisee is authorized to serve by the
terms of its franchise or by operation of law.
Franchisee means a person holding
a cable communications system franchise granted by
Gross revenues" means all revenue
of any kind, nature or form in any way derived from a
franchisee's operation of a cable system within the franchise area. Gross revenues include, but
are not limited to, fees charged to subscribers for basic service; fees charged to subscribers for
any optional, premium, per-channel, or per-program service; monthly fees charged to subscribers
for any tier of service other than basic service; installation, disconnection, re-connection, and
change-in-service fees; leased channel fees; fees, payments, or other payment received as
consideration from programmers for carriage of programming on the cable system; converter
rentals or sales; studio rental, production equipment, and personnel fees; advertising revenues,
including a per capita share of advertising revenues for advertising carried on more than one
cable system; revenues from home shopping channels; sales of programming guides; and such
other revenue sources as may now exist or hereafter develop. The definition shall be interpreted
in a manner that permits the city to collect the maximum franchise fee permitted by law,
irrespective of the source of revenue. Gross revenues, however, shall not include any unpaid
subscriber or advertiser accounts or any sales taxes collected by a franchisee. The amount paid
as a franchise fee shall not be deducted from gross revenues unless required to be deducted under
Operator when used with reference
to a system, refers to a person (a) who directly or
through one or more affiliates provides cable service regardless of the technology used over a
cable communications system using the public rights of way and directly or through one or more
affiliates owns a significant interest in such facility; or (b) who otherwise controls or is
responsible for, through any arrangement, the management and operation of such a facility.
OVS means an open video system. A reference to an OVS includes pedestals, equipment
enclosures (such as equipment cabinets), amplifiers, power guards, nodes, cables, fiber optics
and other equipment necessary to operate the OVS, or installed in conjunction with the OVS.
Person includes any individual,
corporation, partnership, association, joint stock company,
trust, or any other legal entity, but not the city.
Public rights-of-way means the surface
of and the space above and below any street or
easement primarily dedicated to travel, now or hereafter existing within the city which may be
properly used for the purpose of installing, maintaining, and operating a cable communications
system; and any other property that a franchisee is entitled by state or federal law to use by virtue
of the grant of a franchise.
Public Property means
any property that is owned or under the control of the city that is not
a public right-of-way, including, but not limited to, buildings, parks, poles, structures in the
public rights-of-way such as utility poles and light poles, or similar facilities or property owned
by or leased to the city.
the citys affirmative act of terminating a franchise.
"School" means any accredited primary
school, secondary school, college, or university.
"Subscriber" means the city or any
person who is lawfully receiving any cable service from a
cable communications system.
the conclusion of a franchise by any means, including, but not limited
to, by expiration of its term, abandonment, or revocation.
any transaction in which:
(1) There is any change, acquisition, or transfer
in the identity of the person in control of the
franchisee, or any person that controls franchisee, including, without limitation, forced or
voluntary sale, merger, consolidation, or receivership; or
(2) The rights or obligations under the franchise
are sold, conveyed, transferred, assigned,
encumbered (except as set forth herein) or leased, directly or indirectly, by one or more
transactions to another person, whether voluntarily or by operation of law or otherwise.
It will be presumed, for purposes of clause
(1) above, that any transfer or cumulative
transfer of a voting interest by a person or group of persons acting in concert of ten percent
(10%) or more of franchisee, or person that controls franchisee, or any change in the managing
general partners of a franchisee is a change of control.
Transfer does not
(1) A lease to a UVPP pursuant to 47 U.S.C. Sections
532 or 573;
(2) A lease or other right to use facilities
mandated pursuant to 47 U.S.C. Section 224; or
(3) A pledge in trust, mortgage or other encumbrance
against the facilities, or any portion
thereof, given to a bona fide institutional lender in connection with a loan or other financing
required to secure the construction, operation, or repair of the facilities (loan) provided
such loan is subject to the rights and powers of the city pursuant to the franchise and applicable
law, including, without limitation, the right of the city to approve any transfer upon foreclosure.
Unaffiliated Video Programming Provider
or UVPP means any person who uses capacity
on a franchised cable system to deliver cable service or other communications service (as that
term is used in 47 U.S.C. Section 542(h)) to subscribers and who is not an affiliate of the
"Upstream channel" means a channel
designed and activated to carry transmissions from a
point on the cable system, other than the headend, to the headend or another point on the cable
(a) As partial compensation for use of public rights-of-way,
each video service provider
providing video service in the city shall pay city a video service provider fee equal to three
percent (3%) of its gross revenue from providing video service in the geographic area of the city.
This subsection shall remain in effect until December 21, 2007.
(b) As partial compensation for use of public rights-of-way,
each video service provider
providing video service in the city shall pay city a video service provider fee equal to five percent
(5%) of its gross revenues from providing video service in the geographic area of the city. This
subsection shall be in effect on and after December 21, 2007.
(c) Video service provider fee payments shall be made
as required by Sec. 67.2689 RSMo.
Late payments shall accrue interest due to the city compounded monthly at one and one-half
(Ord. No. 18917, § 2, 3-6-06)