This chapter shall be known and may be cited as the Video Service Authorization Chapter.

(Ord. 22-2006. Passed 7-11-06; Ord. 49-2007. Passed 11-20-07.)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a)

"Incumbent cable provider" means any person who on the effective date of this chapter is the holder of a cable franchise agreement with the Village as granted pursuant to requirements of 47 U.S.C. 541.

(b)

"PEG" means activities or actions performed for the benefit of public, educational and government video programming by the Village.

(c)

"Video service" means the service defined in ORC 1332.21(J).

(d)

"Video Service Authorization" or "VSA" means the authorization granted to a video service provider in accordance with the requirements of ORC 1332.21 to 1332.34.

(e)

"Video service provider" or "VSP" means a person, firm, or corporation granted a video service authorization under ORC 1332.21 to 1332.34.

(f)

"Video service provider fee" or "VSP fee" means the fee paid by a VSP in accordance with the requirements of ORC 1332.32.

(Ord. 49-2007. Passed 11-20-07.)

In accordance with the requirements of ORC 1332.32, all VSPs providing video service in the Village pursuant to a VSA obtained from the Director of the Ohio Department of Commerce shall pay a VSP fee in the amount of five percent (5%) of gross revenues received from providing video service in the Village, which gross revenue base shall include advertising revenues. The VSP fee shall be paid quarterly, not later than sixty (60) days after the end of each calendar quarter.

(Ord. 49-2007. Passed 11-20-07.)

Upon receipt of notice from a VSP that it will begin providing video service in the Village pursuant to a State-issued video service authorization, the Village Administrator or his or her designee is authorized and directed to provide such VSP with notice of the VSP fee as determined by Council in Section 1191.03, which notice shall be delivered in a manner that provides for proof of timely delivery.

(Ord. 49-2007. Passed 11-20-07.)

Upon receipt of notice from a VSP that it will begin providing video service in the Village pursuant to a VSA, the Village Administrator or his or her designee is authorized and directed to provide such VSP with notice that the VSP shall be required to provide the same number of PEG channels in the Village under the same service tier conditions and subject to the same channel reclamation conditions as may be proscribed by ORC 1332.30(A)(1)(a) and (b) for the incumbent cable provider with the most recent obligation in the Village, which notice shall be delivered in a manner that provides for proof of timely delivery and shall state the appropriate number of PEG channels and service tiers required to be provided by the VSP within the Village within one hundred twenty (120) days after delivery of such notice. Additionally, should no PEG channels currently be provided by an incumbent cable provider with such an obligation in the Village, the Village Administrator may provide written notice to a VSP of its obligation to provide PEG channels in accordance with ORC 1332.30(B)(1).

(Ord. 49-2007. Passed 11-20-07.)

In accordance with the requirements of ORC 1332.30(A)(1)(a) or (B)(1) when PEG channels are provided to the Village by an incumbent cable provider or VSP, and such PEG channels are required to be programmed by the Village with at least forty (40) hours of non-character generated content per week with at least sixty percent (60%) of the programming being non-repeat and locally produced. For the purposes of this section, "non-repeat and locally produced" shall mean the first three (3) playbacks of programming produced or provided by any local resident, the Village, or any local public or private agency that provides services to residents of the greater Columbus metro area, or any transmission of a meeting or proceeding of any local, State, or Federal governmental entity.

(Ord. 49-2007. Passed 11-20-07.)

Any VSP fee required to be paid to the Village by a VSP shall be made quarterly and be remitted directly to the Village via a negotiable instrument made payable to the Village of New Albany, 99 West Main Street, New Albany, Ohio 43054, not later than sixty (60) days after the end of a calendar quarter.

(Ord. 49-2007. Passed 11-20-07.)

The PEG programming origination point of the Village for the delivery of VSP access services shall be located at the 99 West Main Street, New Albany, Ohio 43054 building/location.

(Ord. 49-2007. Passed 11-20-07.)

Any notice to the Village that is required of a VSP in accordance with of ORC 1332.21 through 1332.34 shall be provided in written form to the Village Administrator either by certified mail, express mail or upon personal delivery, all evidenced by a return receipt.

(Ord. 49-2007. Passed 11-20-07.)

Nothing in this chapter shall apply to incumbent cable providers until they are granted a video service authorization in accordance with ORC 1332.21 through 1331.34.

(Ord. 49-2007. Passed 11-20-07.)

Whoever violates any of the provisions of this chapter is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty (60) days, or both. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(Ord. 49-2007. Passed 11-20-07.)