G-847 - 11/27/2007 - TAX - OrdinancesORDINANCE 2007- TX -CB- FEE -G -847
AN ORDINANCE ESTABLISHING A CABLE /VIDEO
SERVICE PROVIDER FEE AND PEG ACCESS SUPPORT FEE
AND AMENDING TITLE 5 OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK, ILLINOIS
WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and
regulations that pertain to its government and affairs and that protect the public health, safety, and
welfare of its citizens; and
WHEREAS, this ordinance is adopted pursuant to the provisions of the Illinois Cable and Video
Competition Law of 2007, Public Act 95 -0009 (the "Act "); and
WHEREAS, this ordinance is intended to establish the service provider fee and the PEG access
support fee the Act authorizes municipalities to impose on a holder under 220 ILCS 5/21 -801.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of
Oak Brook as follows:
Section 1: The foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein.
Section 2: Title 5 of the Village Code of the Village of Oak Brook is amended by the addition of
the following as Chapter 8.
CHAPTER 8. Cable/Video Service Provider Fee and PEG Access Support Fee.
5 -8 -1 Definitions.
As used in this Chapter, the following terms shall have the following meanings:
(A) "Cable service" means that term as defined in 47 U.S.C. § 522(6).
(B) "Commission" means the Illinois Commerce Commission.
(C) "Gross revenues" means all consideration of any kind or nature, including, without
limitation, cash, credits, property, and in -kind contributions received by the holder for the
operation of a cable or video system to provide cable service or video service within the
holder's cable service or video service area within the Village.
(1) Gross revenues shall include the following:
a. Recurring charges for cable or video service.
b. Event -based charges for cable service or video service, including, but
not limited to, pay - per -view and video -on- demand charges.
C. Rental of set top boxes and other cable service or video service
equipment.
d. Service charges related to the provision of cable service or video service,
including but not limited to activation, installation, and repair charges.
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e. Administrative charges related to the provision of cable service or video
service, including but not limited to service order and service termination
charges.
Late payment fees or charges, insufficient funds check charges, and
other charges assessed to recover the costs of collecting delinquent
payments.
g. A pro rata portion of all revenue derived by the holder or its affiliates
pursuant to compensation arrangements for advertising or for promotion
or exhibition of any products or services derived from the operation of the
holder's network to provide cable service or video service within the
Village. The allocation shall be based on the number of subscribers in
the Village divided by the total number of subscribers in relation to the
relevant regional or national compensation arrangement.
Compensation received by the holder that is derived from the operation
of the holder's network to provide cable service or video service with
respect to commissions that are received by the holder as compensation
for promotion or exhibition of any products or services on the holder's
network, such as a "home shopping" or similar channel, subject to this
Subsection.
In the case of a cable service or video service that is bundled or
integrated functionally with other services, capabilities, or applications,
the portion of the holder's revenue attributable to the other services,
capabilities, or applications shall be included in the gross revenue unless
the holder can reasonably identify the division or exclusion of the
revenue from its books and records that are kept in the regular course of
business.
The service provider fee permitted by 220 ILCS 5/21- 801(b).
(2) Gross revenues do not include any of the following:
a. Revenues not actually received, even if billed, such as bad debt, subject
to 220 ILCS 5/21- 801(c)(1)(vi).
b. Refunds, discounts, or other price adjustments that reduce the amount of
gross revenues received by the holder of the State - issued authorization
to the extent the refund, rebate, credit, or discount is attributable to cable
service or video service.
C. Regardless of whether the services are bundled, packaged, or
functionally integrated with cable service or video service, any revenues
received from services not classified as cable service or video service,
including, without limitation, revenue received from telecommunication
services, information services, or the provision of directory or Internet
advertising, including yellow pages, white pages, banner advertisement,
and electronic publishing or any other revenues attributed by the holder
to noncable service or nonvideo service in accordance with the holder's
books and records and records kept in the regular course of business
and any applicable laws, rules, regulations, standards, or orders.
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d. The sale of cable services or video services for resale in which the
purchaser is required to collect the service provider fee from the
purchaser's subscribers to the extent the purchaser certifies in writing
that it will resell the service within the Village and pay the fee permitted
by 220 ILCS 5/21- 801(b) with respect to the service.
e. Any tax or fee of general applicability imposed upon the subscribers or
the transaction by a city, State, federal, or any other governmental entity
and collected by the holder of the State - issued authorization and
required to be remitted to the taxing entity, including sales and use taxes.
f. Security deposits collected from subscribers.
g. Amounts paid by subscribers to "home shopping" or similar vendors for
merchandise sold through any home shopping channel offered as part of
the cable service or video service.
(3) Revenue of an affiliate of a holder shall be included in the calculation of gross
revenues to the extent the treatment of the revenue as revenue of the affiliate rather than the holder has
the effect of evading the payment of the fee permitted by 220 ILCS 5/21- 801(b) which would otherwise be
paid by the cable service or video service.
(D) "Holder" means a person or entity that has received authorization to offer or provide cable
or video service from the Commission pursuant to 220 ILCS 5/21 -401.
(E) "PEG" means public, education and governmental.
(F) "PEG access support fee" means the amount paid under this Chapter and 220 ILCS
5/21- 801(d) by the holder to the Village for the service areas within its territorial jurisdiction.
(G) "Service" means the provision of "cable service" or "video service" to subscribers and the
interaction of subscribers with the person or entity that has received authorization to offer or provide cable
or video service from the Commission pursuant to 220 ILCS 5/21 -401.
(H) "Service provider fee" means the amount paid under this Chapter and 220 ILCS 5/21 -801
by the holder to a Village for the service areas within its territorial jurisdiction.
(1) "Video service" means video programming and subscriber interaction, if any, that is
required for the selection or use of such video programming services, and which is provided through
wireline facilities located at least in part in the public right -of -way without regard to delivery technology,
including Internet protocol technology. This definition does not include any video programming provided
by a commercial mobile service provider defined in 47 U.S.C. § 332(d) or any video programming
provided solely as part of, and via, service that enables users to access content, information, electronic
mail, or other services offered over the public Internet.
5 -8 -2 Cable /Video Service Provider Fee Imposed.
(A) Fee Imposed. A fee is hereby imposed on any holder providing cable service or video
service in the Village.
(B) Amount of Fee. The amount of the fee imposed hereby shall be five percent (5 %) of the
Holder's Gross Revenues.
(C) Notice to the Village. The holder shall notify the Village at least ten (10) days prior to the
date on which the holder begins to offer cable service or video service in the Village.
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(D) Holder's Liability. The holder shall be liable for and pay the service provider fee to the
Village. The holder's liability for the fee shall commence on the first day of the calendar month following
thirty (30) days after receipt of the ordinance adopting this Chapter by the holder. The ordinance
adopting this Chapter shall be sent by mail, postage prepaid, to the address listed on the holder's
application notice sent pursuant to 220 ILCS 5/21- 401(b)(6) to the Village.
(E) Payment Date. The payment of the service provider fee shall be due on a quarterly
basis, forty -five (45) days after the close of the calendar quarter. If mailed, the fee is considered paid on
the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation
of the fee.
(F) Exemption. The fee hereby imposed does not apply to existing cable service or video
service providers that have an existing franchise agreement with the Village in which a fee is paid.
(G) Credit for Other Payments. An incumbent cable operator that elects to terminate an
existing agreement pursuant to 220 ILCS 5/21- 301(c) with credit for prepaid franchise fees under that
agreement may deduct the amount of such credit from the fees that operator owes under Section 5 -8.1
2(B).
5 -8 -3 PEG Access Support Fee Imposed.
(A) PEG Fee Imposed. A PEG access support fee is hereby imposed on any holder
providing cable service or video service in the Village in addition to the fee imposed pursuant to Section
5- 8 -2(A).
(B) Amount of Fee. The amount of the PEG access support fee imposed hereby shall be
one percent (1%) of the holder's gross revenues or, if greater, the percentage of gross revenues that
incumbent cable operators pay to the Village or its designee for PEG access support in the Village.
(C) Payment. The holder shall pay the PEG access support fee to the Village or to the entity
designated by the Village[City] to manage PEG access. The holder's liability for the PEG access support
fee shall commence on the date set forth in Section 5- 8.2(D).
(D) Payment Due. The payment of the PEG access support fee shall be due on a quarterly
basis, forty -five (45) days after the close of the calendar quarter. If mailed, the fee is considered paid on
the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation
of the fee.
(E) Credit for Other Payments. An incumbent cable operator that elects to terminate an
existing agreement pursuant to 220 ILCS 5/21- 301(c) shall pay, at the time they would have been due, all
monetary payments for PEG access that would have been due during the remaining term of the
agreement had it not been terminated pursuant to that section. All 'payments made by an incumbent
cable operator pursuant to the previous sentence may be credited against the fees that that operator
owes under Section 5- 8.3(B).
5 -8 -4 Applicable Principles.
All determinations and calculations under this Chapter shall be made pursuant to generally
accepted accounting principles.
5 -8 -5 No Impact on Other Taxes Due from Holder.
Nothing contained in this Chapter shall be construed to exempt a holder from any tax that is or may
later be imposed by the Village, including any tax that is or may later be required to be paid by or through
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the holder with respect to cable service or video service. A State - issued authorization shall not affect any
requirement of the holder with respect to payment of the Village's simplified municipal
telecommunications tax or any other tax as it applies to any telephone service provided by the holder. A
State - issued authorization shall not affect any requirement of the holder with respect to payment of the
local unit of government's 911 or E911 fees, taxes or charges.
5 -8 -6 Audits of Cable /Video Service Provider.
(A) Audit Requirement. The Village will notify the holder of the requirements it imposes on
other cable service or video service providers to submit to an audit of its books and records. The holder
shall comply with the same requirements the Village imposes on other cable service or video service
providers in its jurisdiction to audit the holder's books and records and to recompute any amounts
determined to be payable under the requirements of the Village. If all local franchises between the
Village and cable operator terminate, the audit requirements shall be those adopted by the Village
pursuant to the Local Government Taxpayers' Bill of Rights Act, 50 ILCS 45/1 et seq. No acceptance of
amounts remitted should be construed as an accord that the amounts are correct.
(B) Additional Payments. Any additional amount due after an audit shall be paid within thirty
(30) days after the Village's submission of an invoice for the sum.
5 -8 -7 Late Fees / Payments.
All fees due and payments which are past due shall be governed by ordinances adopted by this
Village pursuant to the Local Government Taxpayers' Bill of Rights Act, 50 ILCS 45/1 et seq.
Section 3: If any section, paragraph, clause or provision of this ordinance shall be held invalid, the
invalidity thereof shall not effect any of the other provisions of this ordinance.
Section 4: All ordinances in conflict herewith are hereby repealed to the extent of such conflict.
Section 5: This ordinance shall be in full force and effect from and after its passage, approval
and publication as provided by law.
APPROVED THIS 27th day of November '' ^ ^'
PASSED THIS 27th day of November, 2007.
Ayes: Trustees Carson, Kennedy, Manofsky, Saived, Sanford and Wolin
Nays:
None
Absent: None
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Village Clerk
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