HomeMy WebLinkAboutORD 5409Amends ORD:4413
CITY OF RENTON,WASHINGTON
ORDINANCE NO.5409
AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,
AMENDING CHAPTER 17,CABLE COMMUNICATION SYSTEMS,OF
TITLE V (FINANCE AND BUSINESS REGULATIONS)OF ORDINANCE
NO.4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE
CITY OF RENTON,WASHINGTON,"TO AMEND THE DEFINITION
OF "GROSS REVENUES"AND THE REGULATIONS REGARDING THE
GRANTING OF FRANCHISES AND TECHNICAL STANDARDS.
WHEREAS,Chapter 17,Cable Communication Systems,of Title V (Finance and
Business Regulations)is the Municipal Code that governs Cable Communication Systems;and
WHEREAS,changing circumstances make it necessary to amend the existing Chapter
17;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON,DOES ORDAIN AS FOLLOWS:
SECTION I.Section 5-17-1,Definitions,of Chapter 17,Cable Communication
Systems of Title V (Finance and Business Regulations)of Ordinance No.4260 entitled "Code of
General Ordinances of the City of Renton,Washington,"is hereby amended so that the definition
of "Gross Revenues"reads as follows:
GROSS REVENUES:means,for purposes of Franchise Fee calculations,all
revenue received by the franchisee or its affiliates,as defined in the Federal Cable
Act,in whatever form and from all sources,derived from the operation of
franchisee's Cable System to provide Cable Services,including any revenue
received by the franchisee from any use of any component of the Cable System
for any purpose by the Operator or by others.Gross Revenues shall include,
without limitation,revenue received from:1)Cables Services;2)converter and
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ORDINANCE NO.5409
equipment rentals;3)advertising;4)installations;5)sales occurring as a result of
home shopping or similar programming;6)leased channels;7)sales of
programming guides;8)Franchise Fees;and 9)fees,payments or other
consideration paid by programmers and commissions on advertising accounted
for in accordance with generally accepted accounting principles (GAAP).Gross
Revenues shall not include revenues received from telecommunications services
or revenues received by third parties unless such revenues are of a type normally
received by the Franchisee prior to the date of this Franchise or would normally
be received by a Cable Operator similarly situated in the ordinary course of
business as compensation for use of the Cable System.Gross Revenues shall be
determined without deduction for (l)any operating expense;(2)any accrual;or
(3)any other expenditure,regardless of whether such expense,accrual or
expenditure reflects a cash payment,and revenue shall be counted only once in
determining Gross Revenues.Gross Revenues shall not include funds that the
Franchisee is legally obligated to collect as sales or similar taxes imposed directly
on Subscribers.This definition shall be construed so as to include all Gross
Revenues to the maximum extent permitted by federal and state law,except to the
extent specifically excluded in this section,and encompasses revenues that may
develop in the future,whether or not anticipated.If a statutory change in state or
federal law or a decision of the FCC or a court of competent jurisdiction expands
the categories of revenue available to the City for the Franchise Fee assessment
beyond those permitted under this definition as of the Effective Date,that change
shall automatically be included in the definition of Gross Revenues under this
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ORDINANCE NO.5409
Franchise,provided that the City imposes the same requirement upon any other
similarly situated multichannel video provider over which the City has
jurisdiction and authority to impose such fees.
SECTION II.Section 5-17-8,Technical Standards,of Chapter 17,Cable
Communication Systems,of Title V (Finance and Business Regulations)of Ordinance No.4260
entitled "Code of General Ordinances of the City of Renton,Washington,"is hereby amended by
adding a new subsection,to read as follows:
C.Technical Audit:Each franchisees shall annually provide to the City a
certification signed by its vice president of engineering for the State of
Washington,or other senior engineer as agreed upon by the City,certifying that
its policies and procedures comply with all applicable laws and codes and that all
known maintenance issues have been repaired in compliance therewith.
SECTION III.Except for the changes indicated above,Chapter 17,Cable
Communication Systems,of Title V (Finance and Business Regulations)remains intact.
SECTION IV.This ordinance shall be effective upon its passage,approval,and
thirty (30)days after publication.
PASSED BY THE CITY COUNCIL this 15th day of September
Bonnie Walton,City Clerk
,2008.
APPROVED BY THE MAYOR this 15thdayof September ,2008.
~~k=-Denis Law,Mayor
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ORDINANCE NO.5409
Approved as to form:
et:...._....'2W~..--.
Lawrence J.Warren,City Attorney
Date of Publication:9/20/2008 (summary)
ORD.1492:7/14/08:scr
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