§ 28-127. Video and cable Service Provider Fee imposed.

(a)

Service Provider Fee imposed. A Service Provider Fee is hereby imposed on any holder providing cable service or video service in the village.

(b)

Amount of fee. The amount of the Service Provider Fee imposed hereby shall be five percent of the holder's gross revenues.

(c)

Notice to the village. The holder shall notify the village in writing of its intent to provide cable service or video service at least ten days prior to the date on which the holder begins to offer cable service or video service in the village.

(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 Service Provider Fee shall commence on the first day of the calendar month following 30 days after receipt of a copy of the provisions of this chapter, or a copy of the ordinance adopting same, by the holder. The ordinance adopting this chapter, as amended, or the provisions thereof, as the case may be, shall be sent by mail, postage prepaid, to the address listed on the holder's application notice sent pursuant to ILCS ch. 220, act 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, 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 Service Provider Fee hereby imposed does not apply to an existing cable service or video service provider that is operating under a current and existing franchise agreement with the village, pursuant to which a franchise fee is paid.

(g)

Credit for other payments. An incumbent cable operator that elects to terminate an existing franchise or other agreement pursuant to ILCS ch. 220, act 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 this section.

(Code 1993, § 17-5.1.2; Ord. No. 2007-O-73, 10-23-2007)