§ 15.2-2108.1:1. Franchise fees and public rights-of-way fees on cableoperators.
A. As used in this section:
"Cable operator" means any person or group of persons that (i) providescable service over a cable system and directly or through one or moreaffiliates owns a significant interest in such cable system or (ii) otherwisecontrols or is responsible for, through any arrangement, the management andoperation of a cable system, whether or not the operator has entered into afranchise agreement with a locality. Cable operator does not include aprovider of wireless or direct-to-home satellite transmission service.
"Cable service" means the one-way transmission to subscribers of (i) videoprogramming as defined in 47 U.S.C. § 522(20) or (ii) other programmingservice, and subscriber interaction, if any, which is required for theselection of such video programming or other programming service. Cableservice does not include any video programming provided by a commercialmobile service provider as defined in 47 U.S.C. § 332(d) and anydirect-to-home satellite service as defined in 47 U.S.C. § 303(v).
"Cable system" or "cable television system" means any facility consistingof a set of closed transmission paths and associated signal generation,reception, and control equipment that is designed to provide cable servicethat includes video programming and that is provided to multiple subscriberswithin a community, except that such definition shall not include (i) asystem that serves fewer than 20 subscribers; (ii) a facility that servesonly to retransmit the television signals of one or more television broadcaststations; (iii) a facility that serves only subscribers without using anypublic right-of-way; (iv) a facility of a common carrier that is subject, inwhole or in part, to the provisions of Title II of the Communications Act of1934, 47 U.S.C. § 201 et seq., except that such facility shall be considereda cable system to the extent such facility is used in the transmission ofvideo programming directly to subscribers, unless the extent of such use issolely to provide interactive on-demand services; (v) any facilities of anyelectric utility used solely for operating its electric systems; (vi) anyportion of a system that serves fewer than 50 subscribers in any locality,where such portion is a part of a larger system franchised in an adjacentlocality; or (vii) an open video system that complies with § 653 of Title VIof the Communications Act of 1934, as amended, 47 U.S.C. § 573.
"Franchise" means an initial authorization, or renewal thereof, issued by afranchising authority, including a locality or the CommonwealthTransportation Board, whether such authorization is designated as afranchise, permit, license, resolution, contract, certificate, agreement, orotherwise, that authorizes the construction or operation of a cable system, atelecommunications system, or other facility in the public rights-of-way,including either a negotiated cable franchise or an ordinance cable franchise.
B. Notwithstanding any other provision of law, if a cable operator uses thepublic rights-of-way the cable operator shall be subject to the PublicRights-of-Way Use Fee as provided in § 56-468.1. Any limitation as to feescharged for the use of the public rights-of-way shall not be applicable topole attachments and conduit occupancy agreements between a cable operatorand a locality or its authority or commission, which permits such operator touse the public poles or conduits.
C. Notwithstanding any other provision of law, no new or renewed cablefranchise entered into on or after January 1, 2007, shall include a franchisefee as long as cable services are subject to the Virginia CommunicationsSales and Use Tax (§ 58.1-645 et seq.). Franchise fee as used in thissubsection shall have the same meaning as that term is defined in 47 U.S.C. §542(g).
1. All cable franchises in effect as of January 1, 2007, shall remain in fullforce and effect, and nothing in this section shall impair any obligation ofany such agreement; provided, however, that any requirement in such anexisting franchise for payment of a monetary franchise fee based on the grossrevenues of the franchisee shall be fulfilled in the manner specified insubdivision 2.
2. Each cable operator owing monetary payments for franchise fees, until theexpiration of one or more such existing franchises, shall include with itsmonthly remittance of the Communications Sales and Use Tax a report, bylocality, of the amounts due for franchise fees accruing during that month.The Department of Taxation shall, on behalf of the cable operator in therelevant locality, then distribute to each county, city, or town the amountreported by each locality's franchisee(s). Such payments shall reduce thecable operator's franchise fee liability. The monthly distributions shall bepaid from the Communications Sales and Use Tax Trust Fund before making theother calculations and distributions required by § 58.1-662. Untildistributed to the individual localities, such amounts shall be deemed to beheld in trust for their respective accounts.
3. A locality's acceptance of any payment under subdivision 2 shall notprejudice any rights of the locality under the applicable cable franchises(i) to audit or demand adjustment of the amounts reported by its franchisee,or (ii) to enforce the provisions of the franchise by any lawfuladministrative or judicial means.
§ 15.2-2108.1:1. Franchise fees and public rights-of-way fees on cableoperators.
A. As used in this section:
"Cable operator" means any person or group of persons that (i) providescable service over a cable system and directly or through one or moreaffiliates owns a significant interest in such cable system or (ii) otherwisecontrols or is responsible for, through any arrangement, the management andoperation of a cable system, whether or not the operator has entered into afranchise agreement with a locality. Cable operator does not include aprovider of wireless or direct-to-home satellite transmission service.
"Cable service" means the one-way transmission to subscribers of (i) videoprogramming as defined in 47 U.S.C. § 522(20) or (ii) other programmingservice, and subscriber interaction, if any, which is required for theselection of such video programming or other programming service. Cableservice does not include any video programming provided by a commercialmobile service provider as defined in 47 U.S.C. § 332(d) and anydirect-to-home satellite service as defined in 47 U.S.C. § 303(v).
"Cable system" or "cable television system" means any facility consistingof a set of closed transmission paths and associated signal generation,reception, and control equipment that is designed to provide cable servicethat includes video programming and that is provided to multiple subscriberswithin a community, except that such definition shall not include (i) asystem that serves fewer than 20 subscribers; (ii) a facility that servesonly to retransmit the television signals of one or more television broadcaststations; (iii) a facility that serves only subscribers without using anypublic right-of-way; (iv) a facility of a common carrier that is subject, inwhole or in part, to the provisions of Title II of the Communications Act of1934, 47 U.S.C. § 201 et seq., except that such facility shall be considereda cable system to the extent such facility is used in the transmission ofvideo programming directly to subscribers, unless the extent of such use issolely to provide interactive on-demand services; (v) any facilities of anyelectric utility used solely for operating its electric systems; (vi) anyportion of a system that serves fewer than 50 subscribers in any locality,where such portion is a part of a larger system franchised in an adjacentlocality; or (vii) an open video system that complies with § 653 of Title VIof the Communications Act of 1934, as amended, 47 U.S.C. § 573.
"Franchise" means an initial authorization, or renewal thereof, issued by afranchising authority, including a locality or the CommonwealthTransportation Board, whether such authorization is designated as afranchise, permit, license, resolution, contract, certificate, agreement, orotherwise, that authorizes the construction or operation of a cable system, atelecommunications system, or other facility in the public rights-of-way,including either a negotiated cable franchise or an ordinance cable franchise.
B. Notwithstanding any other provision of law, if a cable operator uses thepublic rights-of-way the cable operator shall be subject to the PublicRights-of-Way Use Fee as provided in § 56-468.1. Any limitation as to feescharged for the use of the public rights-of-way shall not be applicable topole attachments and conduit occupancy agreements between a cable operatorand a locality or its authority or commission, which permits such operator touse the public poles or conduits.
C. Notwithstanding any other provision of law, no new or renewed cablefranchise entered into on or after January 1, 2007, shall include a franchisefee as long as cable services are subject to the Virginia CommunicationsSales and Use Tax (§ 58.1-645 et seq.). Franchise fee as used in thissubsection shall have the same meaning as that term is defined in 47 U.S.C. §542(g).
1. All cable franchises in effect as of January 1, 2007, shall remain in fullforce and effect, and nothing in this section shall impair any obligation ofany such agreement; provided, however, that any requirement in such anexisting franchise for payment of a monetary franchise fee based on the grossrevenues of the franchisee shall be fulfilled in the manner specified insubdivision 2.
2. Each cable operator owing monetary payments for franchise fees, until theexpiration of one or more such existing franchises, shall include with itsmonthly remittance of the Communications Sales and Use Tax a report, bylocality, of the amounts due for franchise fees accruing during that month.The Department of Taxation shall, on behalf of the cable operator in therelevant locality, then distribute to each county, city, or town the amountreported by each locality's franchisee(s). Such payments shall reduce thecable operator's franchise fee liability. The monthly distributions shall bepaid from the Communications Sales and Use Tax Trust Fund before making theother calculations and distributions required by § 58.1-662. Untildistributed to the individual localities, such amounts shall be deemed to beheld in trust for their respective accounts.
3. A locality's acceptance of any payment under subdivision 2 shall notprejudice any rights of the locality under the applicable cable franchises(i) to audit or demand adjustment of the amounts reported by its franchisee,or (ii) to enforce the provisions of the franchise by any lawfuladministrative or judicial means.
§ 15.2-2108.1:1. Franchise fees and public rights-of-way fees on cableoperators.
A. As used in this section:
"Cable operator" means any person or group of persons that (i) providescable service over a cable system and directly or through one or moreaffiliates owns a significant interest in such cable system or (ii) otherwisecontrols or is responsible for, through any arrangement, the management andoperation of a cable system, whether or not the operator has entered into afranchise agreement with a locality. Cable operator does not include aprovider of wireless or direct-to-home satellite transmission service.
"Cable service" means the one-way transmission to subscribers of (i) videoprogramming as defined in 47 U.S.C. § 522(20) or (ii) other programmingservice, and subscriber interaction, if any, which is required for theselection of such video programming or other programming service. Cableservice does not include any video programming provided by a commercialmobile service provider as defined in 47 U.S.C. § 332(d) and anydirect-to-home satellite service as defined in 47 U.S.C. § 303(v).
"Cable system" or "cable television system" means any facility consistingof a set of closed transmission paths and associated signal generation,reception, and control equipment that is designed to provide cable servicethat includes video programming and that is provided to multiple subscriberswithin a community, except that such definition shall not include (i) asystem that serves fewer than 20 subscribers; (ii) a facility that servesonly to retransmit the television signals of one or more television broadcaststations; (iii) a facility that serves only subscribers without using anypublic right-of-way; (iv) a facility of a common carrier that is subject, inwhole or in part, to the provisions of Title II of the Communications Act of1934, 47 U.S.C. § 201 et seq., except that such facility shall be considereda cable system to the extent such facility is used in the transmission ofvideo programming directly to subscribers, unless the extent of such use issolely to provide interactive on-demand services; (v) any facilities of anyelectric utility used solely for operating its electric systems; (vi) anyportion of a system that serves fewer than 50 subscribers in any locality,where such portion is a part of a larger system franchised in an adjacentlocality; or (vii) an open video system that complies with § 653 of Title VIof the Communications Act of 1934, as amended, 47 U.S.C. § 573.
"Franchise" means an initial authorization, or renewal thereof, issued by afranchising authority, including a locality or the CommonwealthTransportation Board, whether such authorization is designated as afranchise, permit, license, resolution, contract, certificate, agreement, orotherwise, that authorizes the construction or operation of a cable system, atelecommunications system, or other facility in the public rights-of-way,including either a negotiated cable franchise or an ordinance cable franchise.
B. Notwithstanding any other provision of law, if a cable operator uses thepublic rights-of-way the cable operator shall be subject to the PublicRights-of-Way Use Fee as provided in § 56-468.1. Any limitation as to feescharged for the use of the public rights-of-way shall not be applicable topole attachments and conduit occupancy agreements between a cable operatorand a locality or its authority or commission, which permits such operator touse the public poles or conduits.
C. Notwithstanding any other provision of law, no new or renewed cablefranchise entered into on or after January 1, 2007, shall include a franchisefee as long as cable services are subject to the Virginia CommunicationsSales and Use Tax (§ 58.1-645 et seq.). Franchise fee as used in thissubsection shall have the same meaning as that term is defined in 47 U.S.C. §542(g).
1. All cable franchises in effect as of January 1, 2007, shall remain in fullforce and effect, and nothing in this section shall impair any obligation ofany such agreement; provided, however, that any requirement in such anexisting franchise for payment of a monetary franchise fee based on the grossrevenues of the franchisee shall be fulfilled in the manner specified insubdivision 2.
2. Each cable operator owing monetary payments for franchise fees, until theexpiration of one or more such existing franchises, shall include with itsmonthly remittance of the Communications Sales and Use Tax a report, bylocality, of the amounts due for franchise fees accruing during that month.The Department of Taxation shall, on behalf of the cable operator in therelevant locality, then distribute to each county, city, or town the amountreported by each locality's franchisee(s). Such payments shall reduce thecable operator's franchise fee liability. The monthly distributions shall bepaid from the Communications Sales and Use Tax Trust Fund before making theother calculations and distributions required by § 58.1-662. Untildistributed to the individual localities, such amounts shall be deemed to beheld in trust for their respective accounts.
3. A locality's acceptance of any payment under subdivision 2 shall notprejudice any rights of the locality under the applicable cable franchises(i) to audit or demand adjustment of the amounts reported by its franchisee,or (ii) to enforce the provisions of the franchise by any lawfuladministrative or judicial means.
