Title 13 - Streets and Sidewalks

22. V.
    Gross Revenues means any revenue actually received by a Cable Franchisee, or by any other entity that is a Cable Operator on a Cable Franchisee's Cable System including the Cable Franchisee's Affiliates, from the operation of the Cable Franchisee's Cable System to provide Cable Services. By way of illustration and not limitation, this definition would include to the extent permitted by law revenue derived from pay cable fees, installation and reconnection fees, leased channel access fees; Converter rentals; revenue from Cable Internet Service (unless it is conclusively determined that such revenues may not be legally included as Cable Services); all Cable Service lease payments from the Cable System; payments or other consideration received by the Cable Franchisee from programmers for the carriage of programming, including home shopping channels, except as provided herein, that is accounted for as revenue under generally accepted accounting principles ("GAAP"); advertising revenues; revenues from data transmissions to the extent these transmissions are considered Cable Services under federal law; payments or other consideration received by the Cable Franchisee for the use of the Cable System to provide Cable Service and accounted for as revenue under GAAP. Revenues which are not directly attributable to specific Cable Subscribers, including, but not limited to, leased access fees, advertising revenues, and home shopping commissions, shall be allocated among the franchising jurisdictions served by the Cable Franchisee's Cable System on a per Subscriber or other equitable basis measured in a consistent manner from period to period. Gross Revenues shall not include (i) to the extent consistent with GAAP, bad debt; provided, however, that all or part of any such bad debt that is written off but subsequently collected shall be included in Gross Revenues in the period collected; (ii) amounts collected from Cable Subscribers for public, educational and governmental access, provided, however, this exclusion does not limit a Cable Franchisee's ability to pass through franchise related costs to the extent allowed by applicable law; (iii) any taxes on Cable Services furnished by Cable Franchisee which are imposed directly upon any Subscriber or user by the State, City, or other governmental unit and which are collected by Cable Franchisee on behalf of said governmental unit; (iv) Franchise Fees collected from Subscribers, or (v) payments or other consideration received by the Cable Franchisee from programmers for carriage of programming on the Cable System to the extent that such Cable Franchisee's books and records indicate that all such payments are utilized for public interest community events or are payments for advertising or promotions which are contractually required by said programmers.

Effective on: 1/1/1901