Ordinance 99-66 - Laserfiche WebLink

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for the allocable franchise areas in question; and the sale, exchange or cablecast by the franchisee of any programming developed on or for access channels or institutional users. Gross revenues shall be the basis for computing the franchise fee imposed pursuant to Section 8 hereof. Gross revenues shall not include any taxes on services furnished by the franchisee which are imposed upon any subscriber or user by the State, County, City or other governmental unit and collected by the franchisee on behalf of said governmental unit and which the franchisee passes on in full to the applicable tax authority or authorities. However, the franchise fee shall not be considered such a tax and shall be included within the definition of gross revenues unless otherwise prohibited by applicable law. Notwithstanding anything to the contrary, gross revenues shall not include bad debt, interest, returned check charges, late fees and promotional payments from programmers unless and until any or all of the above-listed items are included within the definition of gross revenues used to calculate franchise fee payments to Dade County. At such time as any revenue items not included herein are incorporated into the gross revenues definition used by Dade County, such items shall automatically be included in the definition of gross revenues herein without any further action by the City. U. Institutional network means a voice, data and/or video communications network constructed and/or operated and/or maintained by the franchisee for the City, the transmissions on which are generally available only to, and intended to be sent and received by, persons other than cable. subscribers generally. V. Interconnection means the electronic connection of two or more cable systems for the purpose of sharing access channel programming or other services. W. Law means all duly enacted and applicable federal, State, County and City laws, ordinances, codes, rules, regulations and orders. X. Leased access channel means a channel designated in accordance with section 612 of the Communications Act, 47 U.S.C. ~ 532, for commercial use by persons unaffiliated with the franchisee. y. Overbuild means a cable system constructed to serve subscribers in an area ofthe City served by an existing cable system. Z. Person means any individual, corporation, partnership, association and any lawful trustee, successor, assignee, transferee or personal representative thereof, but shall not mean the City unless applicable law so requires. AA. Service tier means a category of cable service provided by a franchisee and for which a separate charge is made by the franchisee. BB. State of the art means that level of production facilities, technical performance, capacity, equipment, components and service equal to that which has been developed and demonstrated to be more modem than generally accepted and used in the cable industry for comparable areas of equivalent population. The cable system shall have, at minimum, the capability Cable Ordinance -6-