§ 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]

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