9-1443. License fee; requirements, conditions and limitations; pass through to subscribers

A. For the privilege of a video service provider to occupy or use, in whole or in part, any highway within the boundaries of a local government to provide video service through a video service network, the local government may require a video service provider to pay a license fee to the local government based on the gross revenue that the video service provider receives from its subscribers located within the boundaries of the local government. The license fee both:

1. Is subject to the limit prescribed in section 9-1442, subsection B and to offset, including amounts collected from subscribers, as prescribed by section 9-1442, subsections A and I and subsection D of this section.

2. Shall be due no more often than quarterly.

B. If the local government requires a license fee pursuant to subsection A of this section, the local government shall adopt a local law that imposes the license fee equally and uniformly on all of the following that are operating within the boundaries of the local government:

1. Video service providers.

2. Holdover cable operators.

C. A video service provider shall pay the entire amount of the license fee directly to the local government in a check, draft or note or automated clearinghouse transaction that is payable in legal tender as defined in section 43-1021.

D. A video service provider may do all of the following:

1. Pass the license fee through to and collect the license fee from its subscribers within the boundaries of the local government, including for an incumbent cable operator any change in license fees that results from a change in the applicable definition of gross revenue.

2. Designate the amount of the license fee collected from each subscriber as a separate line item on the subscriber's bill.