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