§ 30-382. Franchise fee.

A franchise agreement granted hereunder shall require a grantee to pay a franchise fee in an amount determined by resolution of the City Council. If the city establishes a franchise fee based upon a percentage of gross revenues, the city shall use the following definition of "gross revenues":

(1)

For purposes of this division the term "gross revenue(s)" shall mean any and all revenue of any kind, nature or form and without deduction for expense; all inflows or enhancements of assets or settlements of its liabilities (or a combination of both) of whatsoever kind and nature derived by the grantee or affiliates, subsidiaries or parent on account of or resulting from cable services provided to city residents or delivered within the city. Gross revenues calculations shall account for the value of any and all subsidies, discounts, rebates or other considerations or forbearances by the grantee associated with the delivery of such cable services within the city.

Each franchise granted by the city is subject to the city's right, which is expressly reserved, to fix a fair and reasonable compensation to be paid for the privileges granted. The compensation shall be subject to the specific payment terms and conditions contained in the franchise agreement.

Every cable provider occupying or using the public rights-of-way without an unexpired franchise agreement, shall pay to the city a right-of-way use fee in an amount equivalent to the franchise fee as determined by resolution of the City Council.

(Code 2006, § 12.44.41; Ord. No. 1558 , § 1(Exh. A), 2-14-2017)