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HomeMy WebLinkAbout6284 ORDINANCE NO. 6 2 8 4 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 13.36, CATV SYSTEMS, OF TITLE 13, WATER, SEWERS, AND PUBLIC UTILITIES, OF THE AUBURN CITY CODE WHEREAS, Chapter 13.36, CATV Systems, of Title 13, Water Sewers, and Public Utilities, is the code that governs the application of Cable Communications Systems; and WHEREAS, changing circumstances make it necessary to amend the existing Chapter 13.36. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Amendment to City Code. Subsection 13.36.020 R of Chapter 13.36, "CAN Systems" of Title 13, entitled "Gross Revenues" is hereby amended so that the definition of "Gross Revenues" reads as follows: R. "Gross Revenues" means any and all r°^°i^+s °^d revenues derived directly or indirectly , , , , gevernmental , iororl ac roitor+i ~o 6VC7i ~nh oTnti+~i• r~rn~iiCfrloGIr~ a+, r~oGC + ~~nr~nllrp/+tihlo rloh+c ~r QrG o nnt Gnnc rl lTGfITC~j T~VIT ~R~TT G~~C7 • +h;s dof;.,.+,Gn by Franchisee, or by Franchisee's Affiliates, as defined in the federal Cable Act from the operation of the Franchisee's Cable System to provide Cable Services in the Franchise Area. Gross Revenues include, by way af illustration and not limitation, monthly and other fees charqed Subscribers for Cable Services including Basic Service, Expanded Basic Service, any expanded Tiers of Cable Service, other Tiers of Cable Service, optional Premium Service, Video on Demand, pay-per-view, per-program Channels, Cable Service installation disconnection, reconnection and change-in-service fees, Leased Access Channel fees remote control rental fees late fees and administrative fees consideration received by the Franchisee from programmers for carria.qe of Cable Services on the Cable System and recognized as revenue under qenerally - accepted accountinq principles (GAAP), revenues from rentals of converters or other Cable System equipment, advertising sales revenues (including local and a Ordinance No. 6284 December 7, 2009 Page 1 of 3 pro rata share of regional and national advertising carried on the Cable System in the Franchise Area) net of commissions due to Franchisee's unaffiliated advertisinq agencies that arrange for the advertising buy, revenues from program guides, additional outlet fees, revenue from the sale or carriaqe of other Cable Services, revenues from home shoppinq, and a fairly apportioned qercentage of fees associated with bundled services (i.e. late fees, NSF fees, etc.). Gross Revenues shall not include (i) Bad Debt, provided, however, that all or part of any such Bad Debt that is written off but subsequently collected shall be included in Gross Revenues in the period collected; or (ii) any taxes on services furnished by the Franchisee that are imposed directly on any Subscriber or user by the State, Grantor or ather governmental unit and that are collected by the Franchisee on behalf of said governmental unit; or (iii) the PEG Fee as required by this Franchise. The Franchise.Fees are not a tax and are therefore included in Gross Revenues. This definition shall be construed so as to include all Gross Revenues to the maximum extent permitted by federal and state law, except to the extent specifically excluded in this section, and encompasses revenues that may develop in the future, whether or not anticipated. If a statutory chanqe in state or federal law or a decision of the FCC or a court of competent jurisdiction expands ar contracts the categories of revenue available to the City for the Franchise Fee assessment beyond those permitted under this definition as of the Effective Date, this Franchise may be amended to include or exclude any such cateqory of revenue in the definition of Gross Revenues under this Franchise, provided that the City amends the Franchises of all other similarly situated multichannel video provider over which the City has jurisdiction and authority to impose such fees. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severabilitv. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Ordinance No. 6284 December 7, 2009 Page 2 of 3 Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. ~ INTRODUCED: JAN 4 2010 ~ PASSED: JAN 4 2010 I APPROVED: JAN 4 2010 PETER B. LEWIS MAYOR ATTEST: ' Danielle E. Daskam, City Clerk O RM: 7' iel B. Fhi~id, City Published: C3~ G ~~l C1 Ordinance No. 6284 December 7, 2009 " Page 3 of 3