§  76.1511   Fees.

   An open video system operator may be subject to the payment of fees on
   the gross revenues of the operator for the provision of cable service
   imposed by a local franchising authority or other governmental entity,
   in lieu of the franchise fees permitted under Section 622 of the
   Communications Act. Local governments shall have the authority to
   assess and receive the gross revenue fee. Gross revenues under this
   paragraph means all gross revenues received by an open video system
   operator or its affiliates, including all revenues received from
   subscribers and all carriage revenues received from unaffiliated video
   programming providers. In addition gross revenues under this paragraph
   includes any advertising revenues received by an open video system
   operator or its affiliates in connection with the provision of video
   programming, where such revenues are included in the calculation of the
   incumbent cable operator's cable franchise fee. Gross revenues does not
   include revenues collected by unaffiliated video programming providers,
   such as subscriber or advertising revenues. Any gross revenues fee that
   the open video system operator or its affiliate collects from
   subscribers or video programming providers shall be excluded from gross
   revenues. An operator of an open video system or any programming
   provider may designate that portion of a subscriber's bill attributable
   to the fee as a separate item on the bill. An operator of an open video
   system may recover the gross revenue fee from programming providers on
   a proportional basis as an element of the carriage rate.

   [ 61 FR 43177 , Aug. 21, 1996]