Effective: September 24, 2007
Latest Legislation: Senate Bill 117 - 127th General Assembly
(A) At its sole expense and not more often than once per calendar year, a municipal corporation or township may conduct an audit for the purpose of verifying the accuracy of a video service provider's calculation of the video service provider fees it paid to the municipal corporation or township in the audit period. For the purpose of the audit, the video service provider shall make available for inspection, at the location where such records are kept in the normal course of business, those records pertaining to its gross revenue as defined in division (B) of section 1332.32 of the Revised Code. The provider need not retain those records for longer than three years after the year for which the fee was payable, unless the municipal corporation or township has commenced an action under division (C) of this section.
(B) A video service provider shall pay any amounts found to have been underpaid in the audit within thirty days after notice and shall include interest on the underpayments as provided in section 1343.03 of the Revised Code. However, payment need not be made in that thirty-day period if the video service provider brings an action under division (D) of this section.
(C)(1) No municipal corporation or township shall employ, appoint, or retain any person to conduct an audit under division (A) of this section for compensation that is dependent on the dollar amount of the audit findings. Divisions (C)(1) and (2) of this section do not prohibit or limit the hiring of legal counsel on a contingency fee basis to enforce the findings of an audit.
(2) No person shall solicit or accept compensation that is dependent in any manner upon the outcome of an audit under division (A) of this section, including compensation dependent on the audit findings or the recovery of fees or other payment by the municipal corporation, township, or video service provider.
(D) An action by the municipal corporation or township or by the video service provider to dispute the amount of video service provider fee due based on the audit results shall be brought in a court of competent jurisdiction not later than two years following the end of the quarter to which the disputed amount relates.
(E) A municipal corporation or township shall be deemed to accept as full payment any payment of a video service provider fee that it does not challenge as provided under division (D) of this section.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Chapter 1332 | Fair Competition in Cable Operations
Section 1332.01 | Fair Competition in Cable Operations Definitions.
Section 1332.02 | Fair Competition in Cable Service Operations.
Section 1332.03 | No Determination as to Public Utility Status of Cable Service Operation.
Section 1332.04 | Prohibitions.
Section 1332.05 | Legislation Expending Public Moneys for Cable Service.
Section 1332.06 | Special Fund for Cable System - Annual Report.
Section 1332.07 | Effect of Violation by Political Subdivision.
Section 1332.08 | Arbitration of Disputes - Procedure.
Section 1332.09 | Actions for Declaratory or Injunctive Relief - Findings of Arbitration Opinion.
Section 1332.10 | Right of Action, Remedy or Penalty Is in Addition to Others.
Section 1332.21 | Video Service Definitions.
Section 1332.22 | Legislative Findings Regarding Video Service.
Section 1332.23 | Video Service Authorization - Video Service as Cable Service.
Section 1332.24 | Issuance of Video Service Authorization - Violations - Civil Penalties.
Section 1332.25 | Application for Video Service Authorization.
Section 1332.26 | Political Subdivision Authority - Complaints - Standards.
Section 1332.27 | Advance Notice of Service - Transfer - Termination.
Section 1332.28 | Racial or Income Discrimination Prohibited.
Section 1332.29 | Household Service Percentage Requirements - Waiver.
Section 1332.30 | Public, Educational, or Governmental Programming Channels.
Section 1332.31 | Emergency Interrupt Service Announcements.
Section 1332.32 | Payment of Video Service Provider Fees.