§ 34-9. Compensation.

(a)

Franchise fee. Each grantee shall pay the franchise fee hereinafter set forth. In exchange for the rights granted pursuant to this chapter and under the franchise, each grantee shall pay to the city on a monthly basis a franchise fee, as specified in its franchise. Such payment by the grantee to city shall not be in lieu of any occupation tax, license tax, or similar levy, property tax, or any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable subscribers).

(b)

Failure to make required payment. In the event that any franchise payment or recomputed amount is not made on or before the dates specified herein, grantee shall pay as additional compensation an interest charge, computed from such due date, at the annual rate equal to the commercial prime interest rate of the city's primary depository bank during the period that such unpaid amount is owed.

(c)

Payments to be made monthly. The franchise fee and any other cost or damages assessed shall be payable monthly to the City of Atlanta. The grantee shall file a complete and accurate verified statement, itemized by category and for the franchise area only, of all gross revenue as defined in section 34-2 showing subscriber revenues from each and every category of service and non-subscriber revenues from each and every source during the period for which said monthly payment is made. Said payment shall be made to the city not later than 30 days after the expiration of each calendar month.

(d)

The city right to inspection. The city shall have the right to inspect the grantee's income records and the right to audit and to recompute any amounts determined to be payable under this chapter. Audits shall be at the expense of the city; provided that if such audit establishes that grantee is in arrears of more than five percent, grantee shall reimburse the city for reasonable audit expenses. Any additional amount due to the city as a result of the audit shall be paid within 30 days following written notice to the grantee by the city which notice shall include a copy of the audit report.

(e)

Use of franchise fees. Consistent with the cable act, use of the funds derived from franchise fees shall be at the sole discretion of the city.

(Ord. No. 2009-51.1(94-O-1777), § 9.0, 11-28-94)