Indiana Code 8-1-34-24. Franchise fee; percentage of gross revenue; unincorporated areas; disputes over gross revenue calculation; pass through to subscribers; billing itemization; fee under local franchise
(1) the amount of gross revenue received from providing video service in the unit during the most recent calendar quarter, as determined under section 23 of this chapter; multiplied by
Terms Used In Indiana Code 8-1-34-24
- affiliate: has the meaning set forth in IC 23-1-43-1. See Indiana Code 8-1-34-1
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- certificate: refers to a certificate of franchise authority issued by the commission under section 17 of this chapter. See Indiana Code 8-1-34-2
- commission: refers to the Indiana utility regulatory commission created by IC 8-1-1-2. See Indiana Code 8-1-34-3
- franchise: means an initial authorization, or a renewal of an authorization, that:
Indiana Code 8-1-34-4
- gross revenue: means all consideration of any kind or nature, including cash, credits, property, and in kind contributions:
Indiana Code 8-1-34-5
- holder: refers to a person that holds a certificate issued by the commission under this chapter after June 30, 2006. See Indiana Code 8-1-34-6
- local franchise: means an initial authorization, or a renewal of an authorization, that:
Indiana Code 8-1-34-8
- provider: refers to a multichannel video programming distributor (as defined in Indiana Code 8-1-34-11
- unit: has the meaning set forth in IC 36-1-2-23. See Indiana Code 8-1-34-12
- video service: means :
Indiana Code 8-1-34-14
(A) If a local franchise has never been in effect in the unit before July 1, 2006, five percent (5%).
(B) If no local franchise is in effect in the unit on July 1, 2006, but one (1) or more local franchises have been in effect in the unit before July 1, 2006, the percentage of gross revenue paid by the holder of the most recent local franchise in effect in the unit, unless the unit elects to impose a different percentage, which may not exceed five percent (5%).
(C) If there is one (1) local franchise in effect in the unit on July 1, 2006, the percentage of gross revenue paid by the holder of that local franchise as a franchise fee to the unit, unless the unit elects to impose a different percentage, which may not exceed five percent (5%). Upon the expiration of a local franchise described in this clause, the percentage shall be determined by the unit but may not exceed five percent (5%).
(D) If there is more than one (1) local franchise in effect with respect to the unit on July 1, 2006, a percentage determined by the unit, which may not exceed the greater of:
(i) five percent (5%); or
(ii) the percentage paid by a holder of any local franchise in effect in the unit on July 1, 2006.
(b) If the holder provides video service to an unincorporated area in Indiana, as described in section 23(e) of this chapter, the holder shall:
(1) calculate the franchise fee with respect to the unincorporated area in accordance with subsection (a); and
(2) remit the franchise fee to the county in which the unincorporated area is located.
If an unincorporated area served by the provider is located in one (1) or more contiguous counties, the provider shall remit part of the franchise fee calculated under subdivision (1) to each county having territory in the unincorporated area served. The part of the franchise fee remitted to a county must bear the same proportion to the total franchise fee for the area, as calculated under subdivision (1), that the number of subscribers in the county bears to the total number of subscribers in the unincorporated area served.
(c) With each payment of a franchise fee to a unit under this section, the holder shall include a statement explaining the basis for the calculation of the franchise fee. A unit may review the books and records of:
(1) the holder; or
(2) an affiliate of the holder, if appropriate;
to the extent necessary to ensure the holder’s compliance with section 23 of this chapter in calculating the gross revenue upon which the remitted franchise fee is based. Each party shall bear the party’s own costs of an examination under this subsection. If the holder and the unit cannot agree on the amount of gross revenue on which the franchise fee should be based, either party may petition the commission to determine the amount of gross revenue on which the franchise fee should be based. A determination of the commission under this subsection is final, subject to the right of direct appeal by either party.
(d) A franchise fee owed by a holder to a unit under this section may be passed through to, and collected from, the holder’s subscribers in the unit. To the extent allowed under 47 U.S.C. § 542(c), the holder may identify as a separate line item on each regular bill issued to a subscriber:
(1) the amount of the total bill assessed as a franchise fee under this section; and
(2) the identity of the unit to which the franchise fee is paid.
(e) A holder that elects under section 21(b)(1) of this chapter to continue providing video service under a local franchise is not required to pay the franchise fee prescribed under this section, but shall pay any franchise fee imposed under the terms of the local franchise.
As added by P.L.27-2006, SEC.58. Amended by P.L.6-2012, SEC.64.