Grantee shall pay annually as a Franchise Fee in accordance with Section 622 of the
Cable Act to the City, throughout the duration of this Franchise, of five (5) percent
of Grantee's Gross Revenues. If during the term of this Franchise, the FCC, federal
or state government, or the courts effectively permit the City to impose a Franchise
Fee greater than five (5) percent, the City shall have the right to increase the Franchise
Fee to take full advantage thereof.
(a)
"Gross Revenue"
means all Cable Service revenue derived by the Grantee from the operation of the Cable
System in the Franchise Area to provide Cable Services, calculated in accordance with
generally accepted accounting principles. Cable Service revenue includes, but is not
limited to, monthly basic, premium, pay-per-view and other video fees, advertising
and home shopping revenue, installation fees and equipment rental fees, leased access,
sales of programming guides and franchise fees. Gross Revenue shall not include refundable
deposits, bad debt, late fees, investment income, programming launch support payments,
advertising sales commissions, nor any taxes, fees or assessments imposed or assessed
by any governmental authority. (2009-Or-192, § 1, 12-18-09)
