Ordinance 99-66 - Laserfiche WebLink

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(e) At City's request, franchisee shall provide for live and repeat cablecasting of all City Commission meetings to all subscribers within the City. (f) At the request of the City and as designated in a franchise agreement, a franchisee shall provide the City with a dedicated I-NET, or such equivalent PEG support as may be designated in a franchise agreement for the exclusive use ofthe City. (g) A franchise may provide for a financial grant in lieu of or in addition to some or all ofthe facilities, equipment and services referenced in this Section 14. (h) A franchisee shall agree that the facilities, equipment, monetary grant, and all support to be provided by franchisee pursuant to this Section 14 constitute capital costs which are required by the franchise to be incurred by franchisee for public, educational, or government access facilities within the meaning of Section 622(g)(2)(C) of the Cable Act, 47 U.S.C. ~542(g)(2)(C); that such grant does not constitute a franchise fee or tax within the meaning of the Cable Act, State law, chapter ofthe City Code, or a franchise agreement and that the franchisee shall waive, and will not assert in any proceeding, any claim to the contrary. Sec. 15. Franchise fee. (a) A franchisee, as compensation for the privilege ofthe use ofthe City's streets to construct and/or operate a cable system, shall pay to the City a franchise fee in an amount up to a maximum of either (1) five (5%) percent ofthe franchisee's gross revenues derived directly or indirectly from the operation of its cable system within the City during the term of its franchise less only that amount due to Dade County; or (2) in the event the Communications Act or other applicable law is amended to permit the City to assess a franchise fee ofa greater amount than that specified in (1) above, the franchise agrees to pay to the City the new amount after a public hearing in which the public and franchisee are given an opportunity to comment on the impact of the higher fee. Moreover, franchisee shall conclude an agreement with respect to a fee increase with the City no later than it concludes an agreement with Dade County. (b) The franchisee's payment ofthe franchise fee to the City shall be reduced only by that amount the franchisee is expressly required to pay to Dade County pursuant to any applicable cable license, franchise or article of the County. (c) A franchisee shall pay the franchise fee due to the City on a quarterly basis. Payment for each quarter shall be made to the City not later than 45 calendar days after the end of each calendar quarter, provided, however, that payment for the fourth quarter (October, November, December) shall not be due until 75 days after the end ofthe quarter. (d) A franchisee shall file with the City, on a quarterly basis with the payment of the franchise fee, a financial statement setting forth the computation of gross revenues used to calculate the franchise fee for the preceding quarter and a detailed explanation ofthe method of computation. The statement shall be certified by a certified public accountant or the franchisee's chief financial Cable Ordinance -22-