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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� r i will resell the service within the City and pay the fee permitted by 220 ILCS 5/21-801(b) with respect to the service. 3. In the case of Service that may be bundled or integrated functionally with other services, capabilities, or applications of the Provider, the portion of the Provider's revenues that shall be included in Gross Revenues shall be that amount attributable to the Service as reflected on the books and records of Provider kept in the regular course of business in accordance with generally accepted accounting principles and Federal Communications Commission or Illinois Commerce Commission rules, regulations, standards, and orders, as applicable. 4. Revenue of an Affiliate shall be included in the calculation of Gross Revenues to the extent the treatment of such revenue as revenue of the affiliate has the effect (whether intentional or unintentional) of evading the payment of fees herein and permitted by 220 ILCS 5/21-801(b) or which would otherwise be paid for Service. Holder means a person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to 220 ILCS 5/21-401. Municipality means the City of Decatur, Illinois. PEG means public, education and governmental. PEG Access Support Fee means the amount paid under this Chapter and 220 ILCS 5/21- 801(d) by the holder to the City or by a Provider to the City for the service areas within its territorial jurisdiction. Person means an individual, partnership, association, joint stock company, trust, corporation or limited liability entity. Provider means either a Cable Operator or a Competitive Video Service Provider. Public Right-of-Way means any municipal street, alley, water or public right-of-way dedicated or commonly used for utility purposes, including utility easements wherein the City has acquired the right and authority to locate or permit the location of utilities consistent with a Provider's facilities. "Public Right-of-Way" shall not include any real or personal City property that is not specifically described in the previous sentence, and shall not include City buildings, or other structures or improvements, regardless of whether they are situated in the public right-of-way. Service means either a Cable Service or Competitive Video Service or the provision of cable service or video service to subscribers and the interaction of subscribers with the person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to 220 ILCS 5/21-401.