2007-105 Ordinance - Laserfiche WebLink

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CITY OF NORTH OLMSTED, OHIO ORDINANCE NO. 2007 - 105 BY: Mayor O'Grady AN ORDINANCE DETERMINING THE VIDEO SER VICE PROVIDER FEE TO BE PAID BY A VIDEO SERVICE PROVIDER OFFERING VIDEO SERVICE IN THE CITY PURSUANT TO A STA TE A UTHORIZA TION; AND A UTHORIZING THE MA YOR TO GIVE NOTICE TO THE VIDEO SERVICE PROVIDER OF THE PRO VIDER FEE; AND DECLARING AN EMERGENCY. WHEREAS, the General Assembly enacted Sections 1332.21 through 1332.34 of the Oliio Revised Code, to be effective September 24, 2007, to provide a statewide "uniform regulatory framework" for the provision of cable television and/or other video service, which will substantially lcduoe the City of North Olmsted's traditional franchising authorrty to regulate cable and/or video service offered in the City using facilities located in the City's public rights-of-way; and WHEREAS, the City has a cable television franchise agreement with Time Warner which expires by its own terms on or about October 17, 2011 and pursuant to which Time Warner pays franchise fees in the amount of five percent (5%) of gross revenues, that includes subscriber fees only; and WHEREAS, the City has a cable television franchise agreement with WideOpenWest ("WOW") which expires by its own terms on or about May 8, 2011, pursuant to which WOW pays franchise fees in the ainount of five percent (5%) of gross revenues that inchldes subscriber fees only; and WHEREAS, pursuant to R.C. Section 1332.23, any new video service provider intending to provide video service to subscribers in the City must apply for and obtain a video service authorization froin the Dii-ector of the Ohio Department of Commerce; and WHEREAS, R.C. Seetion 1332.23(B)(2) also permits a cable operator with an effective franchise agrecment to terminate its franchise with the City, at its option, by applying for a state-issuO video service authorization if there is another cable operator or video service provider offering service to City residei7ts; and WHEREAS, under R.C. Section 1332.32, a video service provider that is providing service to subscribers in the City pursuant to a state-issued video service authorization must pay the City a video service provider fee ("VSP Fee") based on a percentage of the provider's "gross revenues" derived from providing video service in the City, not to exceed five percent (5%) of such revenues; and WHEREAS, R.C. Section 1332.32 provides that the VSP Fee shall be zero percent (0%) of gross revenues, unless the City determines by Ordinance that the VSP Fee will be a percentage of gross revenues not to exceed five percent (5%) of gross revenues; and 513259-I