§ 12-157. Franchise fee.

The grantee shall pay to the franchising authority a franchise fee equal to one percent of gross revenues (as defined in section 12-140) received by the grantee from the operation of the cable system to provide cable services on an annual basis; provided, however, gross revenues shall not include:

(1)

Any tax, fee, or assessment of any kind imposed by the franchising authority or other governmental entity on a cable operator, or customer, or both, solely because of their status as such;

(2)

Any tax, fee or assessment of general applicability which is unduly discriminatory against cable operators or customers (including any such tax, fee, or assessment imposed, both on utilities and cable operators and their services); and

(3)

Any other special tax, assessment, or fee such as a business, occupation, and entertainment tax.

However, the city may increase this fee consistent with FCC regulations. For the purpose of this section, the 12-month period applicable under the franchise for the computation of the franchise fee shall be a calendar year, unless otherwise agreed to in writing by the franchising authority and the grantee. The franchise fee payment shall be due and payable 90 days after the close of the preceding calendar year. Each payment shall be accompanied by a brief report from a representative of the grantee showing the basis for the computation.

(Prior Code, § 157.18)