Ordinance 3077-08 - Laserfiche WebLink

(p) late payment fees; (q) forgone revenue that Franchisee chooses not to receive in exchange for trades, barters, services, or other items of value; (r) revenue from NSF check charges; (s) revenue received from programmers as payment for programming content cablecast on the Cable System; and (t) Franchise fees. Advertising commissions paid to independent third parties shall not be deducted from advertising revenue included in Gross Revenue. Advertising revenue is based upon the ratio of the number of Subscribers as of the last day of the period for which Gross Revenue is being calculated to the number of Franchisee's Subscribers within all areas covered by the particular advertising source as of the last day of such period, e.g., Franchisee sells two ads: Ad"A" is broadcast nationwide; Ad "B"is broadcast only within Washington. Franchisee has 100 Subscribers in the Franchise Area, 500 Subscribers in Washington, and 1,000 Subscribers nationwide. Gross Revenue as to the City from Ad"A" is 10% of Franchisee's revenue therefrom. Gross Revenue as to the City from Ad "B" is 20% of Franchisee's revenue therefrom. Gross Revenue shall not include: 1.16.1 Revenues received by any Affiliate or other Person from Franchisee in exchange for supplying goods or services used by Franchisee to provide Cable Service over the Cable System in the Franchise Area; 1.16.2 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; 1.16.3 Refunds, rebates, or discounts made to Subscribers or other third parties; 1.16.4 Any revenues classified, in whole or in part, as Non-Cable Services revenue under federal or state law including, without limitation, revenue received from: Telecommunications Services; Information Services, including without limitation Internet Access services; charges made to the public for commercial or cable television that is used for two-way communication; and any other revenues attributed to Non-Cable Services in accordance with applicable federal and state laws or regulations; 1.16.5 Any revenue of Franchisee or any Person that is received directly from the sale of merchandise through any Cable Service distributed over the Cable System, but Gross Revenue shall include that portion of such revenue that represents or can be attributed to a Subscriber fee or a payment for the use of the Cable System for the sale of such merchandise; 1.16.6 The sale of Cable Services on the Cable System for resale in which the purchaser is required to collect cable franchise fees from purchaser's customer; EVERETT 5 Seattle-3388207.8 0010932-00119