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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Commission means the Illinois Commerce Commission. Competitive Video Service means video programming provided by a Competitive Video Service Provider and provided through wireline facilities located at least in part in the public rights-of-way without regard to delivering technology, including internet protocol technology. This definition does not include video programming provided by a commercial mobile service provider defined in 47 U.S.C. § 332(d). Competitive Video Service Agreement means the agreement executed by the Municipality and a Competitive Video Service Provider pursuant to this Chapter. Competitive Video Service Provider means an entity providing video services that has not executed a Franchise Agreement with the Municipality as of the effective date of this Chapter and is not a Cable Operator, or an Affiliate, successor, or assignee of such Cable Operator. Franchise means an initial authorization, or renewal thereof(including a renewal of an authorization which has been granted subject to 47 U.S.C. § 546), issued by the Franchising Authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a Cable System. Franchise Agreement means the agreement executed by the Franchising Authority and a Cable Operator pursuant to this Chapter. Franchising Authority means the City of Decatur, Illinois. Gross Revenues means all consideration of any kind or nature, including without limitation, cash, credits, property, and in-kind contributions (services or goods) received by the Provider from the provision of Service within the service area or Holder for the operation of a cable or video system to provide cable service or video service within the holder's cable service or video service area within the City. 1. Included Items: Subject to paragraph (2), the term "Gross Revenues" shall include the following: a. All charges and fees paid by subscribers for the provision of Service, including fees attributable to Service when sold individually or as part of a package or bundle, in which case the portion of the revenue attributable to the other services, capabilities, or applications shall be included in the gross revenue unless the Operator, Provider or Holder can reasonably identify the division or exclusion of the revenue from its books and records that are kept in the regular course of business, or functionally integrated, with services other than the Service;