§ 58-4.1002. Franchise fees.

(1)

All cable operators shall pay a franchise fee to the county in an amount equal to five percent of the cable operator's gross revenues. The cable operator shall make franchise fee payments on the first day of each calendar quarter, or at such other times specified in the franchise agreement. Franchise fee payments shall be submitted together with documentation of the cable operator's gross revenues in such form as may be agreed to in the franchise agreement.

(2)

Payment of the franchise fee shall not be considered in the nature of a tax or in lieu of other taxes or fees imposed by the county.

(3)

The franchise fee is in addition to all other taxes, fees and payments that a cable operator may be required to pay under its franchise agreement or any federal, state, or local law, and to any other tax, fee, or assessment imposed by utilities and cable operators for use of their services, facilities, or equipment, including any applicable amusement taxes and annual license taxes, except to the extent that such fees, taxes, or assessments, shall be treated as a franchise fee under Section 622 of the Cable Act, 47 U.S.C. Section 542.

(4)

A cable operator shall not designate the franchise fee as a tax in any communication to a subscriber.

(Ords. 2006-65 § 3, 93-55).