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2009-74 AMENDING CITY CODE - CHAPTER 42 - CABLE SERVICE AND COMPETITIVE VIDEO SERVICE - CABLE / VIDEO SERVICE PROVIDER FEE AND PEG ACCESS SUPPORT FEE
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2009-74 AMENDING CITY CODE - CHAPTER 42 - CABLE SERVICE AND COMPETITIVE VIDEO SERVICE - CABLE / VIDEO SERVICE PROVIDER FEE AND PEG ACCESS SUPPORT FEE
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Resolution/Ordinance
Res Ord Num
2009-74
Res Ord Title
AMENDING CITY CODE - CHAPTER42 - CABLE SERVICE AND COMPETITIVE VIDEO SERVICE - CABLE / VIDEO SERVICE PROVIDER FEE AND PEG ACCESS SUPPORT FEE
Department
Legal
Approved Date
10/19/2009
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(6) Exemption. The fee hereby imposed does not apply to existing cable service or video <br /> service providers that have an existing franchise agreement with the City in which a fee is paid. <br /> (7) Credit for Other Pa. ents. An incumbent cable operator that elects to terminate an <br /> existing agreement pursuant to 220 ILCS 5/21-301(c) with credit for prepaid franchise fees under <br /> that agreement may deduct the amount of such credit from the fees that operator owes under <br /> Section 16(A)(2). <br /> B. PEG Access Support Fee Imposed. <br /> (1) PEG Fee Imposed. A PEG access support fee is hereby imposed on any holder <br /> providing cable service or video service in the City in addition to the fee imposed pursuant to <br /> 16(A). <br /> (2) Amount of Fee. The amount of the PEG access support fee imposed hereby shall be <br /> one percent (1%) of the holder's gross revenues or, if greater, the percentage of gross revenues <br /> that incumbent cable operators pay to the City or its designee for PEG access support in the City. <br /> (3) Pa �r� i ent. The holder shall pay the PEG access support fee to the City or to the entity <br /> designated by the City to manage PEG access. The holder's liability for the PEG access support <br /> fee shall commence on the date set forth in Section 16(A)(4). <br /> (4) Payment Due. The payment of the PEG access support fee shall be due on a quarterly <br /> basis, forty-five (45) days after the close of the calendar quarter. If mailed, the fee is considered <br /> paid on the date it is postmarked. Each payment shall include a statement explaining the basis for <br /> the calculation of the fee. <br /> (e) Credit for Other Payments. An incumbent cable operator that elects to terminate an <br /> existing agreement pursuant to 220 ILCS 5/21-301(c) shall pay, at the time they would have been <br /> due, all monetary payments for PEG access that would have been due during the remaining term <br /> of the agreement had it not been terminated pursuant to that section. All payments made by an <br /> incumbent cable operator pursuant to the previous sentence may be credited against the fees that <br /> that operator owes under Section 16 (13)(2). <br /> C. Applicable Principles. <br /> All determinations and calculations under this Section shall be made pursuant to generally <br /> accepted accounting principles. <br /> D. No Impact on Other Taxes Due from Holder. <br /> Nothing contained in this Section shall be construed to exempt a holder from any tax that is <br /> or may later be imposed by the City, including any tax that is or may later be required to be paid <br /> by or through the holder with respect to cable service or video service. A State-issued <br /> authorization shall not affect any requirement of the holder with respect to payment of the City's <br /> simplified municipal telecommunications tax or any other tax as it applies to any telephone <br />
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