Ventura Municipal Code Art. 2 Fees

A. Any state franchise holder operating within the city shall pay to the city a state franchise fee equal to five percent of gross revenues of it or any affiliate that are subject to a franchise fee under California Public Utilities Code Section 5860.

B. The city manager shall promptly send any state franchise holder that notifies the city that it intends to provide video service in the city:

1. The franchise fee section of the franchises held by incumbent cable operators in the city;

2. A sworn statement that, subject to audit, the fee required is being paid to the city; and

3. A notice designating the person to whom the state franchise fee payments should be made. (Ord. No. 2009-029, § 1, 12-7-09)

For such time as the obligations of any incumbent cable operator under any existing franchise to make cash payments for the ongoing costs of public, educational and government (“PEG”) access channel facilities or institutional networks remain in force, any state franchise holder operating within the city shall pay to the city a PEG fee equal to $1.20 per subscriber, and thereafter a PEG fee equal to one and six-tenths percent of the state franchise holder’s or any affiliate’s gross revenues that are subject to a PEG fee under California Public Utilities Code Section 5870. (Ord. No. 2009-029, § 1, 12-7-09)

A. If any portion, sentence, clause, or phrase of Section 6.470.220 is found by a court of competent jurisdiction to be invalid because Ordinance 2009-029 is deemed to have expired, then the provisions in this section shall be controlling as of the original effective date of this section.

B. To the extent reauthorization is required by law upon the expiration of any and all state video franchises, as to each expiration of any affected state video franchisee, Ordinance 2009-029, and with it this section, is hereby reauthorized as to that affected state video franchisee. Any and all reauthorizations under the section shall be effective for so long as such reauthorization is required by law. (Ord. No. 2018-004, § 1, 2-26-18)

The state franchise fee required pursuant to Section 6.470.210, and the PEG fee required pursuant to Section 6.470.220, shall each be paid to the city quarterly, in a manner consistent with California Public Utilities Code Section 5860. The state franchise holder shall deliver to the city, by check or other means specified by the city, a payment for the state franchise fee and a separate payment for the PEG fee not later than 45 days after the end of each calendar quarter. Each payment made shall be accompanied by a report, detailing how the payment was calculated, containing such information as the city manager may require consistent with DIVCA. Unless the city manager provides otherwise, the summary statement shall identify:

A. Revenues received from subscribers, by category, with service revenues broken out by service levels;

B. Any charges to subscribers for which revenues were received, but on which a franchise fee was not paid;

C. Where the fee is paid on an allocated portion of revenues received, the total revenues received; the allocation factor; and how the allocation factor was calculated. (Ord. No. 2009-029, § 1, 12-7-09)

The city may audit the business records of the holder of a state franchise in a manner consistent with California Public Utilities Code Section 5860(i). (Ord. No. 2009-029, § 1, 12-7-09)

In the event a state franchise holder fails to make payments required by this chapter on or before the due dates specified in this chapter, the city will impose a late charge at the rate per year equal to the highest prime lending rate during the period of delinquency, plus one percent. (Ord. No. 2009-029, § 1, 12-7-09)

In the event a state franchise holder leases access to a network owned by the city, the city may set a fee for access to the city-owned network separate and apart from the franchise fee charged to state franchise holders pursuant to Section 6.470.210, which fee will otherwise be payable in accordance with the procedures established by this chapter. (Ord. No. 2009-029, § 1, 12-7-09)