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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B10-95. Franchise fee.

Each cable system operator shall pay to the County a franchise fee in an amount equal to five percent of such cable system operator's gross revenues derived from the operation of the cable system to provide cable services, or such other amount as may be specified in the franchise ordinance; provided, however, that if the franchise ordinance specifies an amount, that amount shall be subject to increase should federal limits on fee payments be eliminated or changed. Where revenues are not reasonably attributable wholly to the operation of the cable system in the franchise area (as might be the case with sales of advertising, where the sale is for the carriage of the advertising in several franchise areas) revenues shall be allocated to the County on a per capita basis. For example, if an advertiser is charged $10,000.00 for carriage of an advertisement across systems serving 300,000 subscribers, a franchisee would divide the number of subscribers in the County by 300,000 and multiply the resulting percentage times $10,000.00 to determine the revenues allocable to the County.

(Ord. No. NS-905, § 2, 12-13-05)

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