Fountain Valley Municipal Code Ch. 4.46 State Franchised Video Service Providers

The purpose of this chapter is to recognize state franchises established pursuant to the Digital Infrastructure and Video Competition Act of 2006, set forth in Public Utilities Code Section 5800 et seq., referred to herein in this chapter as the "Act."

(Ord. 1396 § 1, 2007)

State franchisee(s) holders that offer video service within the jurisdictional boundary of the city will calculate and remit a state franchise fee ("franchise fee") equal to five percent of gross revenues as provided in Sections 5860 and 5840(q)(1) of the Act.

(Ord. 1396 § 1, 2007)

State franchisee(s) holders that offer service within the jurisdictional boundaries of the city will calculate and remit an additional public, educational and government access ("PEG") facilities support fee ("PEG support fee") equal to one percent of gross revenues to be used in a manner consistent with law as provided in Section 5800(n) of the Act.

(Ord. 1396 § 1, 2007)

The franchise fee and PEG support fee shall be remitted to the public cable television authority ("PCTA") on a quarterly basis within forty-five days after the end of each quarter for that calendar year. Each payment shall be accompanied by a detailed summary explaining the basis for the calculation of the franchise fee and PEG support fee.

(Ord. 1396 § 1, 2007)

"Gross revenues" shall be defined consistent with Section 5860 of the Act.

(Ord. 1396 § 1, 2007)

A late payment charge equal to the highest prime lending rate during the period of delinquency plus one percent will be applied to any payment made by a state video franchise holder for franchise fees and PEG support fees not received when due under Section 4.46.040, as provided in Section 5860 of the Act.

(Ord. 1396 § 1, 2007)

Not more than once annually, the city and/or the PCTA may examine the business records of a state franchisee(s) to the extent reasonably necessary to ensure compliance with the Act and this chapter.

(Ord. 1396 § 1, 2007)

Any franchise fee and PEG support fee levied and collected by the PCTA pursuant to this Act shall constitute a credit against any franchise fee or PEG support fee imposed herein.

(Ord. 1396 § 1, 2007)