Gross Revenue. All revenue, as determined in accordance with generally accepted accounting principles, which is derived by Franchisee from the operation of the Cable System to provide Cable Service in the Franchise Area. Gross Revenue includes, without limitation: all Subscriber and customer revenues earned or accrued net of bad debts including revenue for: (i) Basic Service; (ii) all fees charged to any Subscribers for any and all Cable Service provided by Franchisee over the Cable System in the Franchise Area, including without limitation Cable Service related program guides, the installation, disconnection or reconnection of Cable Service; revenues from late or delinquent charge fees; Cable Service related or repair calls; the provision of converters, remote controls, additional outlets and/or other Cable Service related Subscriber premises equipment, whether by lease or fee; (iii) revenues from the sale or lease of access channel(s) or channel capacity; and (iv) compensation received by Franchisee that is derived from the operation of Franchisee’s Cable System to provide Cable Service with respect to commissions that are paid to Franchisee as compensation for promotion or exhibition of any products or services on the Cable System, such as “home shopping” or a similar channel, subject to the exceptions below. Commissions received by Franchisee from an Affiliate which provides home shopping over the Cable System in the Franchise Area shall be usual and customary, i.e., the same as or similar to the commissions paid to Franchisee by unaffiliated home shopping providers for distribution over the Cable System in the Franchise Area. Gross Revenue includes a pro rata portion of all revenue derived by Franchisee pursuant to compensation arrangements for local, national and regional advertising derived from the operation of Franchisee’s Cable System to provide Cable Service within the Franchise Area, subject to the exceptions below. The allocation shall be based on the number of Subscribers in the Franchise Area divided by the total number of subscribers in relation to the relevant local, regional or national compensation arrangement. Advertising carried on the Cable System solely in the Franchise Area shall not be subject to proration. Advertising commissions paid to third parties shall not be netted against advertising revenue included in Gross Revenue. Gross Revenue shall not include: 1.19.1. Revenues received by any Affiliate or other Person in exchange for supplying goods or services used by Franchisee to provide Cable Service over the Cable System; 1.19.2. Bad debts written off by Franchisee in the normal course of its business, provided, however, that bad debt recoveries shall be included in Gross Revenue during the period collected; 1.19.3. Refunds, rebates or discounts made to Subscribers or other third parties to the extent such refunds, rebates or discounts represent an actual refund or rebate of or a reduction in the price paid by Subscribers or other third parties; 1.19.4. Subject to Section 2.5 and to the extent that changes in federal law do not permit such revenues to be a part of the revenue base upon which such Franchise fees are calculated, any revenues classified as Non-Cable Services revenue under federal or state law, it being agreed that as of the date of this Agreement such Non-Cable Services include, without limitation, revenue received from Telecommunications Services and revenue received from Information Services, including, without limitation, Internet Access service, electronic mail service, and electronic message board service; 1.19.5. Any revenue of Franchisee or any other Person which is received directly from the sale of merchandise through any Cable Service distributed over the Cable System, except for that portion of such revenue which is paid to Franchisee; 1.19.6. The sale of Cable Services on the Cable System for resale for which the purchaser is required to pay cable Franchise fees to the LFA; 1.19.7. The provision of Cable Services to customers without charge, including, without limitation, the provision of Cable Services to public institutions as required or permitted herein, provided, however, that such foregone revenue which Franchisee chooses not to receive in exchange for trades, barters, services or other items of value shall be included in Gross Revenue; 1.19.8. Any tax of general applicability imposed by a city, state, federal or any other governmental entity required by the taxing authority to be paid by Subscribers and to be collected by Franchisee from Subscribers and remitted to the taxing entity; including, but not limited to, sales/use tax, gross receipts tax, excise tax, utility users tax, public service tax, communication taxes or non-cable service Franchise fees to the extent that they satisfy the above description; 1.19.9. Sales of capital assets or sales of surplus equipment; 1.19.10. Program launch fees received by Franchisee from unaffiliated third-parties in arm’s-length transactions where such fees were actually used to reimburse Franchisee’s costs and expenses; and 1.19.11. Directory or Internet advertising revenue including, but not limited to, yellow page, white page, banner advertisement and electronic publishing.
Appears in 2 contracts
Samples: Cable Franchise Agreement, Cable Franchise Agreement
Gross Revenue. All revenue, as determined in accordance with generally accepted accounting principles, which is derived by Franchisee from the operation of the Cable System to provide Cable Service in the Service Area, including revenues from services provided to Subscribers in the Service Area that are Cable Services or are classified or will be classified by federal law, the FCC or a court of competent jurisdiction as Cable Services subject to Franchise AreaFees. Gross Revenue includes, without limitation: all Subscriber and customer revenues earned or accrued net of bad debts including revenue for: (i) Basic Service; (ii) all fees charged to any Subscribers for any and all Cable Service provided by Franchisee over the Cable System in the Franchise Service Area, including without limitation Cable Service related program guides, the installation, disconnection or reconnection of Cable Service; revenues from late or delinquent charge fees; Cable Service related or repair calls; the provision of converters, remote controls, additional outlets and/or other Cable Service related Subscriber premises equipment, whether by lease or fee; (iii) revenues from the sale or lease of access channel(s) or channel capacity; (iv) video on demand and pay-per-view; and (ivv) compensation received by Franchisee that is derived from the operation of Franchisee’s Cable System to provide Cable Service with respect to commissions that are paid to Franchisee as compensation for promotion or exhibition of any products or services on the Cable System, such as “home shopping” or a similar channel, subject to the exceptions below. Commissions received by Franchisee from an Affiliate which provides home shopping over the Cable System in the Franchise Area shall be usual and customary, i.e., the same as or similar to the commissions paid to Franchisee by unaffiliated home shopping providers for distribution over the Cable System in the Franchise Area. Gross Revenue includes a pro rata portion of all revenue derived by Franchisee pursuant to compensation arrangements for local, national and regional advertising derived from the operation of Franchisee’s Cable System to provide Cable Service within the Franchise Service Area, subject to the exceptions below. The allocation shall be based on the number of Subscribers in the Franchise Service Area divided by the total number of subscribers in relation to the relevant local, regional or national compensation arrangement. Advertising carried on the Cable System solely in the Franchise Area shall not be subject to proration. Advertising commissions paid to third parties shall not be netted against advertising revenue included in Gross Revenue. Gross Revenue shall not include:
1.19.1. Revenues : revenues received by any Affiliate or other Person in exchange for supplying goods or services used by Franchisee to provide Cable Service over the Cable System;
1.19.2. Bad ; bad debts written off by Franchisee in the normal course of its business, business (provided, however, that bad debt recoveries shall be included in Gross Revenue during the period collected;
1.19.3. Refunds); refunds, rebates or discounts made to Subscribers or other third parties to the extent such refunds, rebates or discounts represent an actual refund or rebate of or a reduction in the price paid by Subscribers or other third parties;
1.19.4. Subject to Section 2.5 and to the extent that changes in federal law do not permit such revenues to be a part of the revenue base upon which such Franchise fees are calculated, ; any revenues classified classified, in whole or in part, as Non-Cable Services revenue under federal or state law, it being agreed that as of the date of this Agreement such Non-Cable Services includelaw including, without limitation, revenue received from Telecommunications Services and Services; revenue received from Information Services, including, without limitation, Internet Access service, electronic mail service, and electronic message bulletin board service;
1.19.5. Any , or similar online computer services; charges made to the public for commercial or cable television that is used for two-way communication; and any other revenues attributed by Franchisee to Non-Cable Services in accordance with FCC or NY PSC rules, regulations, standards or orders, as may be amended from time to time; any revenue of Franchisee or any other Person which is received directly from the sale of merchandise through any Cable Service distributed over the Cable System, except for however, that portion of such revenue which is paid represents or can be attributed to Franchisee;
1.19.6. The a Subscriber fee or a payment for the use of the Cable System for the sale of such merchandise shall be included in Gross Revenue; the sale of Cable Services on the Cable System for resale for in which the purchaser is required to pay collect cable Franchise fees to Fees from purchaser’s customer; the LFA;
1.19.7. The provision sale of Cable Services to customers without chargecustomers, which are exempt, as required or allowed by the LFA including, without limitation, the provision of Cable Services to public institutions as required or permitted herein; any tax of general applicability imposed upon Franchisee or upon Subscribers by a city, state, federal or any other governmental entity and required to be collected by Franchisee and remitted to the taxing entity (including, but not limited to, sales/use tax, gross receipts tax, excise tax, utility users tax, public service tax, communication taxes and non-cable franchise fees); any foregone revenue which Franchisee chooses not to receive in exchange for its provision of free or reduced cost cable or other communications services to any Person, including without limitation, employees of Franchisee and public institutions or other institutions designated in the Franchise (provided, however, that such foregone revenue which Franchisee chooses not to receive in exchange for trades, barters, services or other items of value shall be included in Gross Revenue;
1.19.8. Any tax of general applicability imposed by a city, state, federal or any other governmental entity required by the taxing authority to be paid by Subscribers and to be collected by Franchisee from Subscribers and remitted to the taxing entity); including, but not limited to, sales/use tax, gross receipts tax, excise tax, utility users tax, public service tax, communication taxes or non-cable service Franchise fees to the extent that they satisfy the above description;
1.19.9. Sales sales of capital assets or sales of surplus equipment;
1.19.10. Program ; program launch fees received fees, i.e., reimbursement by programmers to Franchisee of marketing costs incurred by Franchisee from unaffiliated third-parties in arm’s-length transactions where such fees were actually used to reimburse Franchisee’s costs and expensesfor the introduction of new programming; and
1.19.11. Directory directory or Internet advertising revenue including, but not limited to, yellow page, white page, banner advertisement and electronic publishing; or any fees or charges collected from Subscribers or other third parties for any XXX Xxxxx payments.
Appears in 1 contract
Samples: Cable Franchise Agreement
Gross Revenue. All revenue, as determined in accordance with generally accepted accounting principles, which is derived by Franchisee from the operation of the Cable System to provide Cable Service in the Franchise Service Area. Gross Revenue includes, without limitation: all Subscriber and customer revenues earned or accrued net of bad debts including revenue for: :
(i) Basic Service; ;
(ii) all fees charged to any Subscribers for any and all Cable Service provided by Franchisee over the Cable System in the Franchise Service Area, including without limitation Cable Service related program guides, the installation, disconnection or reconnection of Cable Service; revenues from late or delinquent charge fees; Cable Service related or repair calls; the provision of converters, digital video recorders, remote controls, additional outlets and/or other Cable Service related Subscriber premises equipment, whether by lease or fee; ;
(iii) revenues from the sale or lease of access channel(s) or channel capacity; and ;
(iv) revenues from video on demand and pay-per-view;
(v) compensation received by Franchisee that is derived from the operation of Franchisee’s Cable System to provide Cable Service with respect to commissions that are paid to Franchisee as compensation for promotion or exhibition of any products or services on the Cable System, such as “home shopping” or a similar channel, subject to the exceptions below. Commissions received by Franchisee from an Affiliate which provides home shopping over the Cable System in the Franchise Area shall be usual and customary, i.e., the same as or similar to the commissions paid to Franchisee by unaffiliated home shopping providers for distribution over the Cable System in the Franchise Area. Gross Revenue includes a pro rata portion of all revenue derived by Franchisee pursuant to compensation arrangements for local, national and regional advertising derived from the operation of Franchisee’s Cable System to provide Cable Service within the Franchise Service Area, subject to the exceptions below. The allocation shall be based on the number of Subscribers in the Franchise Service Area divided by the total number of subscribers in relation to the relevant local, regional or national compensation arrangement. Advertising carried on the Cable System solely in the Franchise Area shall not be subject to proration. Advertising commissions paid to third parties shall not be netted against advertising revenue included in Gross Revenue; and
(vi) Franchise Fees imposed on Franchisee by the LFAs that are passed through from Franchisee as a line item paid by Subscribers. Except as provided above, Gross Revenue shall not include:
1.19.1. (i) Revenues received by any Affiliate or other Person in exchange for supplying goods or services used by Franchisee to provide Cable Service over the Cable System;
1.19.2. Bad (ii) bad debts written off by Franchisee in the normal course of its business, business (provided, however, that bad debt recoveries shall be included in Gross Revenue during the period collected);
1.19.3. Refunds(iii) refunds, rebates or discounts made to Subscribers or other third parties to the extent such refunds, rebates or discounts represent an actual refund or rebate of or a reduction in the price paid by Subscribers or other third parties;
1.19.4. Subject to (iv) except as otherwise provided in Section 2.5 and to the extent that changes in federal law do not permit such revenues to be a part of the revenue base upon which such Franchise fees are calculated1.16, any revenues classified classified, in whole or in part, as Non-Cable Services revenue under federal or state law, it being agreed that as of the date of this Agreement such Non-Cable Services includelaw including, without limitation, revenue received from Telecommunications Services and Services; revenue received from Information Services, including, without limitation, Internet Access service, electronic mail service, and electronic message bulletin board service, or similar online computer services; charges made to the public for commercial or cable television that is used for two-way communication; and any other revenues attributed by Franchisee to Non-Cable Services in accordance with federal law, rules, regulations, standards or orders. Should revenue from any service provided by Franchisee over the Cable System be classified as a Cable Service by the Communications Act (as amended from time to time), then Franchisee shall include revenue from such service as Gross Revenue on a going forward basis commencing with the next available billing cycle following the effective date of such change in the Communications Act. Should a final determination or ruling of any agency or court having jurisdiction, after the exhaustion of all appeals related thereto, classify as a Cable Service any service provided by the Franchisee over the Cable System, then the LFAs shall be entitled, after notification to Franchisee and without mutual agreement in writing as otherwise required by Section 12.7, to amend this Agreement in the manner prescribed under applicable state law or this Franchise to include revenue from the Franchisee's provision of such service as Gross Revenue, and Franchisee shall include revenue from such service as Gross Revenue on a going forward basis commencing with the next available billing cycle following the date of the issuance of an order from the NY PSC approving such amendment;
1.19.5. Any (v) any revenue of Franchisee or any other Person which is received directly from the sale of merchandise through any Cable Service distributed over the Cable System,; provided, except for that however, that, any portion of such revenue which is paid represents or can be attributed to Franchiseea Subscriber fee or a payment for the use of the Cable System for the sale of such merchandise shall be included in Gross Revenue;
1.19.6. The (vi) the sale of Cable Services on the Cable System for resale for in which the purchaser is required to pay collect cable Franchise fees to the LFAFees from purchaser’s customer;
1.19.7. The provision (vii) the sale of Cable Services to customers without chargecustomers, which are exempt, as required or allowed by the LFAs including, without limitation, the provision of Cable Services to public institutions as required or permitted herein, except to the extent Franchisee actually receives any revenues from such customers that would otherwise be included in Gross Revenues;
(viii) any tax of general applicability imposed upon Franchisee or upon Subscribers by a city, state, federal or any other governmental entity and required to be collected by Franchisee and remitted to the taxing entity (including, but not limited to, sales/use tax, gross receipts tax, excise tax, utility users tax, public service tax, communication taxes and non-cable franchise fees);
(ix) any foregone revenue which Franchisee chooses not to receive in exchange for its provision of free or reduced cost cable or other communications services to any Person, including without limitation, employees of Franchisee and public institutions or other institutions designated in the Franchise (provided, however, that such foregone revenue which Franchisee chooses not to receive in exchange for trades, barters, services or other items of value shall be included in Gross Revenue);
1.19.8. Any tax of general applicability imposed by a city, state, federal or any other governmental entity required by the taxing authority to be paid by Subscribers and to be collected by Franchisee from Subscribers and remitted to the taxing entity; including, but not limited to, sales/use tax, gross receipts tax, excise tax, utility users tax, public service tax, communication taxes or non-cable service Franchise fees to the extent that they satisfy the above description;
1.19.9. Sales (x) sales of capital assets or sales of surplus equipment; program launch fees, i.e., reimbursement by programmers to Franchisee of marketing costs incurred by Franchisee for the introduction of new programming;
1.19.10. Program launch fees received by Franchisee from unaffiliated third-parties in arm’s-length transactions where such fees were actually used to reimburse Franchisee’s costs and expenses; and
1.19.11. Directory (xi) directory or Internet advertising revenue including, but not limited to, yellow page, white page, banner advertisement and electronic publishing; or
(xii) any fees or charges collected from Subscribers or other third parties for the Initial XXX Xxxxx payments and the Annual XXX Xxxxx payments.
Appears in 1 contract
Samples: Cable Franchise Agreement
Gross Revenue. All revenue, as determined in accordance with generally accepted accounting principles, which is derived by Franchisee from the operation of the Cable System to provide Cable Service in the Service Area, including revenues from services provided to Subscribers in the Service Area that are Cable Services or are classified or will be classified by federal law, the FCC or a court of competent jurisdiction as Cable Services subject to Franchise AreaFees. Gross Revenue includes, without limitation: all Subscriber and customer revenues earned or accrued net of bad debts including revenue for: (i) Basic Service; (ii) all fees charged to any Subscribers for any and all Cable Service provided by Franchisee over the Cable System in the Franchise Service Area, including without limitation Cable Service related program guides, the installation, disconnection or reconnection of Cable Service; revenues from late or delinquent charge fees; Cable Service related or repair calls; the provision of converters, remote controls, additional outlets and/or other Cable Service related Subscriber premises equipment, whether by lease or fee; (iii) revenues from the sale or lease of access channel(s) or channel capacity; (iv) video on demand, including pay-per-view; and (ivv) compensation received by Franchisee that is derived from the operation of Franchisee’s Cable System to provide Cable Service with respect to commissions that are paid to Franchisee as compensation for promotion or exhibition of any products or services on the Cable System, such as “home shopping” or a similar channel, subject to the exceptions below. Commissions received by Franchisee from an Affiliate which provides home shopping over the Cable System in the Franchise Area shall be usual and customary, i.e., the same as or similar to the commissions paid to Franchisee by unaffiliated home shopping providers for distribution over the Cable System in the Franchise Area. Gross Revenue includes a pro rata portion of all revenue derived by Franchisee pursuant to compensation arrangements for local, national and regional advertising derived from the operation of Franchisee’s Cable System to provide Cable Service within the Franchise Service Area, subject to the exceptions below. The allocation shall be based on the number of Subscribers in the Franchise Service Area divided by the total number of subscribers in relation to the relevant local, regional or national compensation arrangement. Advertising carried on the Cable System solely in the Franchise Area shall not be subject to proration. Advertising commissions paid to third parties shall not be netted against advertising revenue included in Gross Revenue. Gross Revenue shall not include:
1.19.1. Revenues : revenues received by any Affiliate or other Person in exchange for supplying goods or services used by Franchisee to provide Cable Service over the Cable System;
1.19.2. Bad ; bad debts written off by Franchisee in the normal course of its business, business (provided, however, that bad debt recoveries shall be included in Gross Revenue during the period collected;
1.19.3. Refunds); refunds, rebates or discounts made to Subscribers or other third parties to the extent such refunds, rebates or discounts represent an actual refund or rebate of or a reduction in the price paid by Subscribers or other third parties;
1.19.4. Subject to Section 2.5 and to the extent that changes in federal law do not permit such revenues to be a part of the revenue base upon which such Franchise fees are calculated, ; any revenues classified classified, in whole or in part, as Non-Cable Services revenue under federal or state law, it being agreed that as of the date of this Agreement such Non-Cable Services includelaw including, without limitation, revenue received from Telecommunications Services and Services; revenue received from Information Services, including, without limitation, Internet Access service, electronic mail service, and electronic message bulletin board service;
1.19.5. Any , or similar online computer services; charges made to the public for commercial or cable television that is used for two-way communication; and any other revenues attributed by Franchisee to Non-Cable Services in accordance with FCC or NY PSC rules, regulations, standards or orders, as may be amended from time to time; any revenue of Franchisee or any other Person which is received directly from the sale of merchandise through any Cable Service distributed over the Cable System, except for however, that portion of such revenue which is paid represents or can be attributed to Franchisee;
1.19.6. The a Subscriber fee or a payment for the use of the Cable System for the sale of such merchandise shall be included in Gross Revenue; the sale of Cable Services on the Cable System for resale for in which the purchaser is required to pay collect cable Franchise fees to Fees from purchaser’s customer; the LFA;
1.19.7. The provision sale of Cable Services to customers without chargecustomers, which are exempt, as required or allowed by the LFA including, without limitation, the provision of Cable Services to public institutions as required or permitted herein; any tax of general applicability imposed upon Franchisee or upon Subscribers by a city, state, federal or any other governmental entity and required to be collected by Franchisee and remitted to the taxing entity (including, but not limited to, sales/use tax, gross receipts tax, excise tax, utility users tax, public service tax, communication taxes and non-cable franchise fees); any foregone revenue which Franchisee chooses not to receive in exchange for its provision of free or reduced cost cable or other communications services to any Person, including without limitation, employees of Franchisee and public institutions or other institutions designated in the Franchise (provided, however, that such foregone revenue which Franchisee chooses not to receive in exchange for trades, barters, services or other items of value shall be included in Gross Revenue;
1.19.8. Any tax of general applicability imposed by a city, state, federal or any other governmental entity required by the taxing authority to be paid by Subscribers and to be collected by Franchisee from Subscribers and remitted to the taxing entity); including, but not limited to, sales/use tax, gross receipts tax, excise tax, utility users tax, public service tax, communication taxes or non-cable service Franchise fees to the extent that they satisfy the above description;
1.19.9. Sales sales of capital assets or sales of surplus equipment;
1.19.10. Program ; program launch fees received fees, i.e., reimbursement by programmers to Franchisee of marketing costs incurred by Franchisee from unaffiliated third-parties in arm’s-length transactions where such fees were actually used to reimburse Franchisee’s costs and expensesfor the introduction of new programming; and
1.19.11. Directory directory or Internet advertising revenue including, but not limited to, yellow page, white page, banner advertisement and electronic publishing; or any fees or charges collected from Subscribers or other third parties for any XXX Xxxxx payments.
Appears in 1 contract
Samples: Cable Franchise Agreement
Gross Revenue. All revenue, as determined in accordance with generally accepted accounting principles, which is derived by Franchisee from the operation of the Cable System to provide Cable Service in the Franchise Area. Gross Revenue includes, without limitation: all Subscriber and customer revenues earned or accrued net of bad debts including revenue for: (i) Basic Service; (ii) all fees charged to any Subscribers for any and all Cable Service provided by Franchisee over the Cable System in the Franchise Area, including without limitation Cable Service related program guides, the installation, disconnection or reconnection of Cable Service; revenues from late or delinquent charge fees; Cable Service related or repair calls; the provision of converters, remote controls, additional outlets and/or other Cable Service related Subscriber premises equipment, whether by lease or fee; (iii) revenues from the sale or lease of access channel(s) or channel capacity; and (iv) compensation received by Franchisee that is derived from the operation of Franchisee’s Cable System to provide Cable Service with respect to commissions that are paid to Franchisee as compensation for promotion or exhibition of any products or services on the Cable System, such as “home shopping” or a similar channel, subject to the exceptions below. Commissions received by Franchisee from an Affiliate which provides home shopping over the Cable System in the Franchise Area shall be usual and customary, i.e., the same as or similar to the commissions paid to Franchisee by unaffiliated home shopping providers for distribution over the Cable System in the Franchise Area. Gross Revenue includes a pro rata portion of all revenue derived by Franchisee pursuant to compensation arrangements for local, national and regional advertising derived from the operation of Franchisee’s Cable System to provide Cable Service within the Franchise Area, subject to the exceptions below. The allocation shall be based on the number of Subscribers in the Franchise Area divided by the total number of subscribers in relation to the relevant local, regional or national compensation arrangement. Advertising carried on the Cable System solely in the Franchise Area shall not be subject to proration. Advertising commissions paid to third parties shall not be netted against advertising revenue included in Gross Revenue. Gross Revenue shall not include:
1.19.1. Revenues received by any Affiliate or other Person in exchange for supplying goods or services used by Franchisee to provide Cable Service over the Cable System;
1.19.2. Bad debts written off by Franchisee in the normal course of its business, provided, however, that bad debt recoveries shall be included in Gross Revenue during the period collected;
1.19.3. Refunds, rebates or discounts made to Subscribers or other third parties to the extent such refunds, rebates or discounts represent an actual refund or rebate of or a reduction in the price paid by Subscribers or other third parties;
1.19.4. Subject to Section 2.5 and to the extent that changes in federal law do not permit such revenues to be a part of the revenue base upon which such Franchise fees are calculated, any revenues classified as Non-Cable Services revenue under federal or state law, it being agreed that as of the date of this Agreement such Non-Cable Services include, without limitation, revenue received from Telecommunications Services and revenue received from Information Services, including, without limitation, Internet Access service, electronic mail service, and electronic message board service;
1.19.5. Any revenue of Franchisee or any other Person which is received directly from the sale of merchandise through any Cable Service distributed over the Cable System, except for that portion of such revenue which is paid to Franchisee;
1.19.6. The sale of Cable Services on the Cable System for resale for which the purchaser is required to pay cable Franchise fees to the LFA;
1.19.7. The provision of Cable Services to customers without charge, including, without limitation, the provision of Cable Services to public institutions as required or permitted herein, provided, however, that such foregone revenue which Franchisee chooses not to receive in exchange for trades, barters, services or other items of value shall be included in Gross Revenue;
1.19.8. Any tax of general applicability imposed by a city, state, federal or any other governmental entity required by the taxing authority to be paid by Subscribers and to be collected by Franchisee from Subscribers and remitted to the taxing entity; including, but not limited to, sales/use tax, gross receipts tax, excise tax, utility users tax, public service tax, communication taxes or non-cable service Franchise fees to the extent that they satisfy the above description;
1.19.9. Sales of capital assets or sales of surplus equipment;
1.19.10. Program launch fees received by Franchisee from unaffiliated third-parties in arm’s-length transactions where such fees were actually used to reimburse Franchisee’s costs and expenses; and
1.19.11. Directory or Internet advertising revenue including, but not limited to, yellow page, white page, banner advertisement and electronic publishing.1: DEFINITIONS
Appears in 1 contract
Samples: Cable Franchise Agreement
Gross Revenue. All revenue, as determined in accordance with generally accepted accounting principles, which is derived by Franchisee (or any Affiliate) from the operation of the Cable System to provide Cable Service in the Franchise Area, as follows:
1.27.1. Gross Revenue includes, without limitation: all Subscriber and customer revenues earned or accrued net of bad debts including revenue for: (i) Basic Service; (ii) all fees charged to any Subscribers for any and all Cable Service provided by Franchisee over the Cable System in the Franchise Area, including including, without limitation limitation, Cable Service related program guides, the installation, disconnection or reconnection of Cable Service; revenues from late or delinquent charge fees; Cable Service related or repair calls; the provision of converters, remote controls, additional outlets and/or other Cable Service related Subscriber premises equipment, whether by lease or fee; (iii) video on demand and pay-per-view; (iv) revenues from the sale or lease of access channel(s) or channel capacity; and (ivv) compensation received by Franchisee that is derived from the operation of Franchisee’s the Cable System to provide Cable Service with respect to commissions that are paid to Franchisee or an Affiliate providing Cable Service under this Franchise as compensation for promotion or exhibition of any products or services on the Cable System, such as a “home shopping” or a similar channel, subject to the exceptions below. Commissions received by Franchisee from an Affiliate which provides home shopping over the Cable System in the ; and (vi) charges described to Subscribers as attributable to Franchise Area shall be usual Fees (as hereinafter defined) and customary, i.e., the same as or similar to the commissions paid to Franchisee by unaffiliated home shopping providers for distribution over the Cable System in the Franchise AreaPEG Grants. Gross Revenue includes shall also include all advertising revenue which is received directly or indirectly by the Franchisee or any Affiliate from or in connection with the distribution of any service over the System (and including, without limitation, compensation for use of studio or other facilities and equipment associated with production or distribution of any programming or advertising to be distributed as part of a pro rata portion of all revenue derived by Franchisee pursuant to compensation arrangements for local, national and regional advertising derived from the operation of Franchisee’s Cable System to provide Cable Service within the Franchise Area, subject to the exceptions belowService). The allocation shall be based on the number of Subscribers in the Franchise Area divided by the total number of subscribers Subscribers in relation to the relevant local, regional or national compensation arrangement. Advertising carried on the Cable System solely in the Franchise Area shall not be subject to proration. Advertising commissions paid to third parties shall not be netted against advertising revenue included in Gross Revenue.
1.27.2. Except as provided above, Gross Revenue shall not include:
1.19.1. Revenues : revenues received by any Affiliate or other Person in exchange for supplying goods or services used by Franchisee to provide Cable Service over the Cable System;
1.19.2. Bad ; bad debts written off by Franchisee in the normal course of its business, business and in accordance with generally accepted accounting principles (provided, however, that bad debt recoveries shall be included in Gross Revenue during the period collected;
1.19.3. Refunds); refunds, rebates or discounts made to Subscribers or other third parties to the extent such refunds, rebates or discounts represent an actual refund or rebate of or a reduction in the price paid by Subscribers or other third parties;
1.19.4. Subject to Section 2.5 and to the extent that changes in federal law do not permit such revenues to be a part of the revenue base upon which such Franchise fees are calculated, ; any revenues classified classified, in whole or in part, as Non-Cable Services revenue under federal or state law, it being agreed that as of the date of this Agreement such Non-Cable Services include, without limitation, revenue received from Telecommunications Services and revenue received from Information Services, including, without limitation, Internet Access service, electronic mail service, and electronic message board service;
1.19.5. Any ; any revenue of Franchisee or any other Person which is received directly from the sale of merchandise through any Cable Service distributed over the Cable System, except for provided, however, that any portion of such revenue which is represents or can be attributed to a Subscriber fee or a payment for the use of the Cable System paid to Franchisee;
1.19.6. The Franchisee or an Affiliate for the sale of such merchandise shall be included in Gross Revenue; the sale of Cable Services on the Cable System for resale for in which the purchaser is required to pay collect cable Franchise fees to Fees from purchaser’s customer; the LFA;
1.19.7. The provision sale of Cable Services to customers without chargecustomers, which are exempt, as required or allowed by the City including, without limitation, the provision of Cable Services to public institutions as required or permitted herein; any tax of general applicability imposed upon Franchisee or upon Subscribers by the LFA, a state, federal or any other governmental entity and required to be collected by Franchisee and remitted to the taxing entity; taxes imposed on Subscribers by law, which the Franchisee is obligated to collect; any foregone revenue which Franchisee chooses not to receive in exchange for its provision of free or reduced cost cable or other communications services to any Person, including without limitation, employees of Franchisee and public institutions or other institutions designated in the Franchise (provided, however, that such foregone revenue which Franchisee chooses not to receive in exchange for trades, barters, services or other items of value shall be included in Gross Revenue;
1.19.8. Any tax of general applicability imposed by a city, state, federal or any other governmental entity required by the taxing authority to be paid by Subscribers and to be collected by Franchisee from Subscribers and remitted to the taxing entity); including, but not limited to, sales/use tax, gross receipts tax, excise tax, utility users tax, public service tax, communication taxes or non-cable service Franchise fees to the extent that they satisfy the above description;
1.19.9. Sales sales of capital assets or sales of surplus equipment;
1.19.10. Program ; program launch fees received fees, i.e., reimbursement by programmers to Franchisee of marketing costs incurred by Franchisee from unaffiliated third-parties in arm’s-length transactions where such fees were actually used to reimburse Franchisee’s costs and expensesfor the introduction of new programming; and
1.19.11. Directory directory or Internet advertising revenue including, but not limited to, yellow page, white page, banner advertisement and electronic publishing.
1.27.3. Gross Revenues derived from Cable Services provided over the Cable System in the Franchise Area that are provided to Subscribers as part of a bundle of services that include Non-Cable Services shall be treated in accordance with Section 10.5 hereof.
Appears in 1 contract
Samples: Cable Franchise Agreement
Gross Revenue. All revenue, as determined in accordance with generally accepted accounting principles, which is derived by Franchisee (or any Affiliate) from the operation of the Cable System to provide Cable Service in the Franchise Area, as follows:
1.27.1. Gross Revenue includes, without limitation: all Subscriber and customer revenues earned or accrued net of bad debts including revenue for: (i) Basic Service; (ii) all fees charged to any Subscribers for any and all Cable Service provided by Franchisee over the Cable System in the Franchise Area, including including, without limitation limitation, Cable Service related program guides, the installation, disconnection or reconnection of Cable Service; revenues from late or delinquent charge fees; Cable Service related or repair calls; the provision of converters, remote controls, additional outlets and/or other Cable Service related Subscriber premises equipment, whether by lease or fee; (iii) video on demand and pay-per-view; (iv) revenues from the sale or lease of access channel(s) or channel capacity; and (ivv) compensation received by Franchisee that is derived from the operation of Franchisee’s the Cable System to provide Cable Service with respect to commissions that are paid to Franchisee or an Affiliate providing Cable Service under this Franchise as compensation for promotion or exhibition of any products or services on the Cable System, such as a “home shopping” or a similar channel, subject to the exceptions below. Commissions received by Franchisee from an Affiliate which provides home shopping over the Cable System in the ; and (vi) charges described to Subscribers as attributable to Franchise Area shall be usual Fees (as hereinafter defined) and customary, i.e., the same as or similar to the commissions paid to Franchisee by unaffiliated home shopping providers for distribution over the Cable System in the Franchise AreaPEG Grants. Gross Revenue includes shall also include all advertising revenue which is received directly or indirectly by the Franchisee, any Affiliate from or in connection with the distribution of any Service over the System (and including, without limitation, compensation for use of studio or other facilities and equipment associated with production or distribution of any programming or advertising to be distributed as part of a pro rata portion of all revenue derived by Franchisee pursuant to compensation arrangements for local, national and regional advertising derived from the operation of Franchisee’s Cable System to provide Cable Service within the Franchise Area, subject to the exceptions belowService). The allocation shall be based on the number of Subscribers in the Franchise Area divided by the total number of subscribers Subscribers in relation to the relevant local, regional or national compensation arrangement. Advertising carried on the Cable System solely in the Franchise Area shall not be subject to proration. Advertising commissions paid to third parties shall not be netted against advertising revenue included in Gross Revenue.
1.27.2. Except as provided above, Gross Revenue shall not include:
1.19.1. Revenues : revenues received by any Affiliate or other Person in exchange for supplying goods or services used by Franchisee to provide Cable Service over the Cable System;
1.19.2. Bad ; bad debts written off by Franchisee in the normal course of its business, business and in accordance with generally accepted accounting principles (provided, however, that bad debt recoveries shall be included in Gross Revenue during the period collected;
1.19.3. Refunds); refunds, rebates or discounts made to Subscribers or other third parties to the extent such refunds, rebates or discounts represent an actual refund or rebate of or a reduction in the price paid by Subscribers or other third parties;
1.19.4. Subject to Section 2.5 and to the extent that changes in federal law do not permit such revenues to be a part of the revenue base upon which such Franchise fees are calculated, ; any revenues classified classified, in whole or in part, as Non-Cable Services revenue under federal or state law, it being agreed that as of the date of this Agreement such Non-Cable Services include, without limitation, revenue received from Telecommunications Services and revenue received from Information Services, including, without limitation, Internet Access service, electronic mail service, and electronic message board service;
1.19.5. Any ; any revenue of Franchisee or any other Person which is received directly from the sale of merchandise through any Cable Service distributed over the Cable System, except for provided, however, that any portion of such revenue which is represents or can be attributed to a Subscriber fee or a payment for the use of the Cable System paid to Franchisee;
1.19.6. The Franchisee or an Affiliate for the sale of such merchandise shall be included in Gross Revenue; the sale of Cable Services on the Cable System for resale for in which the purchaser is required to pay collect cable Franchise fees to Fees from purchaser’s customer; the LFA;
1.19.7. The provision sale of Cable Services to customers without chargecustomers, which are exempt, as required or allowed by the City including, without limitation, the provision of Cable Services to public institutions as required or permitted herein; any tax of general applicability imposed upon Franchisee or upon Subscribers by the LFA, a state, federal or any other governmental entity and required to be collected by Franchisee and remitted to the taxing entity; taxes imposed on Subscribers by law, which the Franchisee is obligated to collect; any foregone revenue which Franchisee chooses not to receive in exchange for its provision of free or reduced cost cable or other communications services to any Person, including without limitation, employees of Franchisee and public institutions or other institutions designated in the Franchise (provided, however, that such foregone revenue which Franchisee chooses not to receive in exchange for trades, barters, services or other items of value shall be included in Gross Revenue;
1.19.8. Any tax of general applicability imposed by a city, state, federal or any other governmental entity required by the taxing authority to be paid by Subscribers and to be collected by Franchisee from Subscribers and remitted to the taxing entity); including, but not limited to, sales/use tax, gross receipts tax, excise tax, utility users tax, public service tax, communication taxes or non-cable service Franchise fees to the extent that they satisfy the above description;
1.19.9. Sales sales of capital assets or sales of surplus equipment;
1.19.10. Program ; program launch fees received fees, i.e., reimbursement by programmers to Franchisee of marketing costs incurred by Franchisee from unaffiliated third-parties in arm’s-length transactions where such fees were actually used to reimburse Franchisee’s costs and expensesfor the introduction of new programming; and
1.19.11. Directory directory or Internet advertising revenue including, but not limited to, yellow page, white page, banner advertisement and electronic publishing.
1.27.3. Gross Revenues derived from Cable Services provided over the Cable System in the Franchise Area that are provided to Subscribers as part of a bundle of services that include Non-Cable Services shall be treated in accordance with Section 10.5 hereof.
Appears in 1 contract
Samples: Cable Franchise Agreement
