12-2024.   Video service provider; notice; agreement;video service provider fee; percentage of gross revenues determined bymunicipality, limitation; audit; customer billing.(a) A video service provider shall provide notice to eachmunicipalitywith jurisdiction in any locality at least 30calendar days before providing video service in the municipality'sjurisdiction.Within 30 days of the time notice isdelivered to the municipality, the video service provider shall execute anagreement substantially similar to the following, which shall be filed with thecity or county clerk and shall be effective immediately:

      "[Video Service Provider] was granted authorization by the state ofKansas to provide video service in [Municipality] on[date] and hereby executes this agreement with [Municipality].[VideoService Provider] will begin providing video servicein [Municipality] on or after [date]. [Video ServiceProvider] maybe contacted by the[Municipality] at the following telephone number___________. [Video Service Provider] may be contacted by customers atthe following telephone number___________. [Video Service Provider] agrees to update this contactinformation with [Municipality] within 15 calendardays in the event that such contact information changes. [Video ServiceProvider] acknowledges and agrees tocomply with [Municipality's] local right-of-way ordinance to the extenttheordinance is applicable to [Video ServiceProvider] and not contrary to state and federal laws and regulations.[Video Service Provider] hereby reserves theright to challenge the lawfulness or applicability of such ordinance to[Video Service Provider]. By entering into thisagreement, neither the municipality's nor [Video Service Provider's]present orfuturelegal rights, positions, claims,assertions or arguments before any administrative agency or court of law are inany way prejudiced or waived. Byentering into the agreement, neither the municipality nor [Video ServiceProvider] waive any rights, but instead expresslyreserve any and all rights, remedies and arguments the municipality or[VideoService Provider] may have at law or equity,without limitation, to argue, assert and/or take any position as to thelegality or appropriateness of any present orfuture laws, ordinances and/or rulings."

      (b)   In any locality in which a video service provider offers video service,the video service provider shall calculateand pay the video service provider fee to the municipality with jurisdiction inthatlocality upon the municipality's written request. Ifthe municipality makes such a request, the video service provider fee shall bedue on aquarterly basis and shall be calculatedas a percentage of gross revenues, as defined herein. Notwithstanding the datethe municipality makes such a request, novideo service provider fee shall be applicable until the first day of acalendar month that is at least 30 days afterwritten notice of the levy is submitted by the municipality to a video serviceprovider. The municipality may not demand the use ofany other calculation method. Any video service provider fee shall be remittedto the municipality by the video serviceprovider not later than 45 days after the end of the quarter.

      (c)   The percentage to be applied against gross revenues pursuant tosubsection (b)shall be set by the municipality and identified in its writtenrequest, but may in no event exceed 5%.

      (d)   Gross revenues are limited to amounts billed to and collected from videoservice subscribers for thefollowing:

      (1)   Recurring charges for video service;

      (2)   event-based charges for video service, including but not limited topay-per-view and video-on-demand charges;

      (3)   rental of set top boxes and other video service equipment;

      (4)   service charges related to the provision of video service, including, butnot limited to, activation,installation, repair and maintenance charges; and

      (5)   administrative charges related to the provision of video service,including, but not limited to, serviceorder and service termination charges.

      (e)   Gross revenues do not include:

      (1) Uncollectible fees, provided that all or part of uncollectible fees whichis written off as bad debt but subsequently collected, less expenses ofcollection, shall be included in gross revenues in the period collected;

      (2)   late payment fees;

      (3)   amounts billed to video service subscribers to recover taxes, fees orsurcharges imposed upon videoservice subscribers in connection with the provision of video service,including the video service provider feeauthorized by this section; or

      (4)   charges, other than those described in subsection (d), that areaggregated or bundled with amountsbilled to video service subscribers.

      (f)   At the request of a municipality, no more than once per year, themunicipality mayperform a reasonable audit of thevideo service provider's calculation of the video service provider fee.

      (g)   Any video service provider may identify and collect the amount of thevideo service provider fee as aseparate line item on the regular bill of each subscriber. To the extent avideo service provider incurs any costs in providing capacity forretransmitting community programming as may be required insubsection (h) ofK.S.A. 2009 Supp.12-2023, andamendments thereto, the provider may also recover these costs from customers,but may not deduct such costs fromthe video service provider fee due to a municipality under this section.

      History:   L. 2006, ch. 93, § 4; July 1.