(1) A person leasing capacity from an OVS Operator, other than a Person whose revenues are included in the payment made under Section 853-8(a), shall pay the County a fee in lieu of the Franchise fee required by Chapter 2 of five percent (5%) of the Gross Revenues of such Person. (Ord. 2316, § 1, 4/20/2004)

(2) Notwithstanding the foregoing, where Franchisee charges a Person, other than an Affiliate, to use its OVS (the “use payments”); and that Person recovers those use payments through charges to its Subscribers that are included in that Person’s Gross Revenues; and that Person fully recovers the use payments through the charges to its Subscribers and pays a fee on those charges pursuant to Section 853-8(a); then Franchisee may deduct from its Gross Revenues the use payments it receives from that Person. (Ord. 2316, § 1, 4/20/2004)