Sec. 76.1511  Fees.

    An open video system operator may be subject to the payment of fees 
on the gross revenues of the operator for the provision of cable service 
imposed by a local franchising authority or other governmental entity, 
in lieu of the franchise fees permitted under Section 622 of the 
Communications Act. Local governments shall have the authority to assess 
and receive the gross revenue fee. Gross revenues under this paragraph 
means all gross revenues received by an open video system operator or 
its affiliates, including all revenues received from subscribers and all 
carriage revenues received from unaffiliated video programming 
providers. In addition gross revenues under this paragraph includes any 
advertising revenues received by an open video system operator or its 
affiliates in connection with the provision of video programming, where 
such revenues are included in the calculation of the incumbent cable 
operator's cable franchise fee. Gross revenues does not include revenues 
collected by unaffiliated video programming providers, such as 
subscriber or advertising revenues. Any gross revenues fee that the open 
video system operator or its affiliate collects from subscribers or 
video programming providers shall be excluded from gross revenues. An 
operator of an open video system or any programming provider may 
designate that portion of a subscriber's bill attributable to the fee as 
a separate item on the bill. An operator of an open video system may 
recover the gross revenue fee from programming providers on a 
proportional basis as an element of the carriage rate.

[ 61 FR 43177 , Aug. 21, 1996]

    Effective Date Note: At  61 FR 43177 , Aug. 21, 1996, Sec. 76.1511 was 
revised. This section contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.