12-2024.Video service provider; notice; agreement;
video service provider fee; percentage of gross revenues determined by
municipality, limitation; audit; customer billing.
(a) A video service provider shall provide notice to each
municipality
with jurisdiction in any locality at least 30
calendar days before providing video service in the municipality's
jurisdiction.
Within 30 days of the time notice is
delivered to the municipality, the video service provider shall execute an
agreement substantially similar to the following, which shall be filed with the
city or county clerk and shall be effective immediately:
"[Video Service Provider] was granted authorization by the state of
Kansas to provide video service in [Municipality] on
[date] and hereby executes this agreement with [Municipality].
[Video
Service Provider] will begin providing video service
in [Municipality] on or after [date]. [Video Service
Provider] may
be contacted by the
[Municipality] at the following telephone number
___________. [Video Service Provider] may be contacted by customers at
the following telephone number
___________. [Video Service Provider] agrees to update this contact
information with [Municipality] within 15 calendar
days in the event that such contact information changes. [Video Service
Provider] acknowledges and agrees to
comply with [Municipality's] local right-of-way ordinance to the extent
the
ordinance is applicable to [Video Service
Provider] and not contrary to state and federal laws and regulations.
[Video Service Provider] hereby reserves the
right to challenge the lawfulness or applicability of such ordinance to
[Video Service Provider]. By entering into this
agreement, neither the municipality's nor [Video Service Provider's]
present or
future
legal rights, positions, claims,
assertions or arguments before any administrative agency or court of law are in
any way prejudiced or waived. By
entering into the agreement, neither the municipality nor [Video Service
Provider] waive any rights, but instead expressly
reserve any and all rights, remedies and arguments the municipality or
[Video
Service Provider] may have at law or equity,
without limitation, to argue, assert and/or take any position as to the
legality or appropriateness of any present or
future laws, ordinances and/or rulings."
(b) In any locality in which a video service provider offers video service,
the video service provider shall calculate
and pay the video service provider fee to the municipality with jurisdiction in
that
locality upon the municipality's written request. If
the municipality makes such a request, the video service provider fee shall be
due on a
quarterly basis and shall be calculated
as a percentage of gross revenues, as defined herein. Notwithstanding the date
the municipality makes such a request, no
video service provider fee shall be applicable until the first day of a
calendar month that is at least 30 days after
written notice of the levy is submitted by the municipality to a video service
provider. The municipality may not demand the use of
any other calculation method. Any video service provider fee shall be remitted
to the municipality by the video service
provider not later than 45 days after the end of the quarter.
(c) The percentage to be applied against gross revenues pursuant to
subsection (b)
shall be set by the municipality and identified in its written
request, but may in no event exceed 5%.
(d) Gross revenues are limited to amounts billed to and collected from video
service subscribers for the
following:
(1) Recurring charges for video service;
(2) event-based charges for video service, including but not limited to
pay-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, but
not limited to, activation,
installation, repair and maintenance charges; and
(5) administrative charges related to the provision of video service,
including, but not limited to, service
order and service termination charges.
(e) Gross revenues do not include:
(1) Uncollectible fees, provided that all or part of uncollectible fees which
is written off as bad debt but subsequently collected, less expenses of
collection, 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 or
surcharges imposed upon video
service subscribers in connection with the provision of video service,
including the video service provider fee
authorized by this section; or
(4) charges, other than those described in subsection (d), that are
aggregated or bundled with amounts
billed to video service subscribers.
(f) At the request of a municipality, no more than once per year, the
municipality may
perform a reasonable audit of the
video service provider's calculation of the video service provider fee.
(g) Any video service provider may identify and collect the amount of the
video service provider fee as a
separate line item on the regular bill of each subscriber. To the extent a
video service provider incurs any costs in providing capacity for
retransmitting community programming as may be required in
subsection (h) of
K.S.A. 2009 Supp.
12-2023, and
amendments thereto, the provider may also recover these costs from customers,
but may not deduct such costs from
the video service provider fee due to a municipality under this section.
12-2024.Video service provider; notice; agreement;
video service provider fee; percentage of gross revenues determined by
municipality, limitation; audit; customer billing.
(a) A video service provider shall provide notice to each
municipality
with jurisdiction in any locality at least 30
calendar days before providing video service in the municipality's
jurisdiction.
Within 30 days of the time notice is
delivered to the municipality, the video service provider shall execute an
agreement substantially similar to the following, which shall be filed with the
city or county clerk and shall be effective immediately:
"[Video Service Provider] was granted authorization by the state of
Kansas to provide video service in [Municipality] on
[date] and hereby executes this agreement with [Municipality].
[Video
Service Provider] will begin providing video service
in [Municipality] on or after [date]. [Video Service
Provider] may
be contacted by the
[Municipality] at the following telephone number
___________. [Video Service Provider] may be contacted by customers at
the following telephone number
___________. [Video Service Provider] agrees to update this contact
information with [Municipality] within 15 calendar
days in the event that such contact information changes. [Video Service
Provider] acknowledges and agrees to
comply with [Municipality's] local right-of-way ordinance to the extent
the
ordinance is applicable to [Video Service
Provider] and not contrary to state and federal laws and regulations.
[Video Service Provider] hereby reserves the
right to challenge the lawfulness or applicability of such ordinance to
[Video Service Provider]. By entering into this
agreement, neither the municipality's nor [Video Service Provider's]
present or
future
legal rights, positions, claims,
assertions or arguments before any administrative agency or court of law are in
any way prejudiced or waived. By
entering into the agreement, neither the municipality nor [Video Service
Provider] waive any rights, but instead expressly
reserve any and all rights, remedies and arguments the municipality or
[Video
Service Provider] may have at law or equity,
without limitation, to argue, assert and/or take any position as to the
legality or appropriateness of any present or
future laws, ordinances and/or rulings."
(b) In any locality in which a video service provider offers video service,
the video service provider shall calculate
and pay the video service provider fee to the municipality with jurisdiction in
that
locality upon the municipality's written request. If
the municipality makes such a request, the video service provider fee shall be
due on a
quarterly basis and shall be calculated
as a percentage of gross revenues, as defined herein. Notwithstanding the date
the municipality makes such a request, no
video service provider fee shall be applicable until the first day of a
calendar month that is at least 30 days after
written notice of the levy is submitted by the municipality to a video service
provider. The municipality may not demand the use of
any other calculation method. Any video service provider fee shall be remitted
to the municipality by the video service
provider not later than 45 days after the end of the quarter.
(c) The percentage to be applied against gross revenues pursuant to
subsection (b)
shall be set by the municipality and identified in its written
request, but may in no event exceed 5%.
(d) Gross revenues are limited to amounts billed to and collected from video
service subscribers for the
following:
(1) Recurring charges for video service;
(2) event-based charges for video service, including but not limited to
pay-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, but
not limited to, activation,
installation, repair and maintenance charges; and
(5) administrative charges related to the provision of video service,
including, but not limited to, service
order and service termination charges.
(e) Gross revenues do not include:
(1) Uncollectible fees, provided that all or part of uncollectible fees which
is written off as bad debt but subsequently collected, less expenses of
collection, 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 or
surcharges imposed upon video
service subscribers in connection with the provision of video service,
including the video service provider fee
authorized by this section; or
(4) charges, other than those described in subsection (d), that are
aggregated or bundled with amounts
billed to video service subscribers.
(f) At the request of a municipality, no more than once per year, the
municipality may
perform a reasonable audit of the
video service provider's calculation of the video service provider fee.
(g) Any video service provider may identify and collect the amount of the
video service provider fee as a
separate line item on the regular bill of each subscriber. To the extent a
video service provider incurs any costs in providing capacity for
retransmitting community programming as may be required in
subsection (h) of
K.S.A. 2009 Supp.
12-2023, and
amendments thereto, the provider may also recover these costs from customers,
but may not deduct such costs from
the video service provider fee due to a municipality under this section.
12-2024.Video service provider; notice; agreement;
video service provider fee; percentage of gross revenues determined by
municipality, limitation; audit; customer billing.
(a) A video service provider shall provide notice to each
municipality
with jurisdiction in any locality at least 30
calendar days before providing video service in the municipality's
jurisdiction.
Within 30 days of the time notice is
delivered to the municipality, the video service provider shall execute an
agreement substantially similar to the following, which shall be filed with the
city or county clerk and shall be effective immediately:
"[Video Service Provider] was granted authorization by the state of
Kansas to provide video service in [Municipality] on
[date] and hereby executes this agreement with [Municipality].
[Video
Service Provider] will begin providing video service
in [Municipality] on or after [date]. [Video Service
Provider] may
be contacted by the
[Municipality] at the following telephone number
___________. [Video Service Provider] may be contacted by customers at
the following telephone number
___________. [Video Service Provider] agrees to update this contact
information with [Municipality] within 15 calendar
days in the event that such contact information changes. [Video Service
Provider] acknowledges and agrees to
comply with [Municipality's] local right-of-way ordinance to the extent
the
ordinance is applicable to [Video Service
Provider] and not contrary to state and federal laws and regulations.
[Video Service Provider] hereby reserves the
right to challenge the lawfulness or applicability of such ordinance to
[Video Service Provider]. By entering into this
agreement, neither the municipality's nor [Video Service Provider's]
present or
future
legal rights, positions, claims,
assertions or arguments before any administrative agency or court of law are in
any way prejudiced or waived. By
entering into the agreement, neither the municipality nor [Video Service
Provider] waive any rights, but instead expressly
reserve any and all rights, remedies and arguments the municipality or
[Video
Service Provider] may have at law or equity,
without limitation, to argue, assert and/or take any position as to the
legality or appropriateness of any present or
future laws, ordinances and/or rulings."
(b) In any locality in which a video service provider offers video service,
the video service provider shall calculate
and pay the video service provider fee to the municipality with jurisdiction in
that
locality upon the municipality's written request. If
the municipality makes such a request, the video service provider fee shall be
due on a
quarterly basis and shall be calculated
as a percentage of gross revenues, as defined herein. Notwithstanding the date
the municipality makes such a request, no
video service provider fee shall be applicable until the first day of a
calendar month that is at least 30 days after
written notice of the levy is submitted by the municipality to a video service
provider. The municipality may not demand the use of
any other calculation method. Any video service provider fee shall be remitted
to the municipality by the video service
provider not later than 45 days after the end of the quarter.
(c) The percentage to be applied against gross revenues pursuant to
subsection (b)
shall be set by the municipality and identified in its written
request, but may in no event exceed 5%.
(d) Gross revenues are limited to amounts billed to and collected from video
service subscribers for the
following:
(1) Recurring charges for video service;
(2) event-based charges for video service, including but not limited to
pay-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, but
not limited to, activation,
installation, repair and maintenance charges; and
(5) administrative charges related to the provision of video service,
including, but not limited to, service
order and service termination charges.
(e) Gross revenues do not include:
(1) Uncollectible fees, provided that all or part of uncollectible fees which
is written off as bad debt but subsequently collected, less expenses of
collection, 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 or
surcharges imposed upon video
service subscribers in connection with the provision of video service,
including the video service provider fee
authorized by this section; or
(4) charges, other than those described in subsection (d), that are
aggregated or bundled with amounts
billed to video service subscribers.
(f) At the request of a municipality, no more than once per year, the
municipality may
perform a reasonable audit of the
video service provider's calculation of the video service provider fee.
(g) Any video service provider may identify and collect the amount of the
video service provider fee as a
separate line item on the regular bill of each subscriber. To the extent a
video service provider incurs any costs in providing capacity for
retransmitting community programming as may be required in
subsection (h) of
K.S.A. 2009 Supp.
12-2023, and
amendments thereto, the provider may also recover these costs from customers,
but may not deduct such costs from
the video service provider fee due to a municipality under this section.