August 5, 2009
Community Wireless Communications, Co.
Attn: Mr. Joshua Montgomery
Board Chairman
4105 W. 6th Street
Lawrence, KS 66049
RE: Community Wireless Communications Video Services: Lawrence, Kansas
Dear Joshua,
The City is in receipt of you notice to provide video services pursuant to the Video Competition Act, K.S.A. 2008 Supp. 12-2021 et seq. and amendments thereto. On July 20, 2009, the City received your Order Approving Application For Video Service Authorization from the Kansas Corporation Commission. K.S.A. 2008 Supp. 12-2024 provides for the following:
(b) In an locality in which a video service provider offers video service, the video service provider shall calculate and pay the video service provider fee to the municipality with jurisdiction in that locality upon the municipality’s written request. If the municipality makes such a request, the video service provider fee shall be due on a quarterly basis and shall be calculated as a percentage of gross revenues, as defined herein. Notwithstanding the date the municipality makes such a request, no video service provider fee shall be applicable until the first day of a calendar month that is at least 30 days after written notice of the levy is submitted by the municipality to a video service provider. The municipality may not demand the use of any other calculation method. Any video service provider fee shall be remitted to the municipality by the video service provider not later than 45 days after the end of the quarter.
(c) The percentage to be applied against gross revenues pursuant to subsection (b) shall be set by the municipality and identified in its written request, but may in no event exceed 5%.
Page 2
August 5, 2009
Community Wireless Communications Co.
The City of Lawrence, Kansas hereby requests, pursuant to K.S.A. 2008 Supp. 12-2024(c), that Community Wireless Communications, Co. pay a video service provider fee equal to 5% of gross revenues received by Community Wireless Communications, Co. video services for said services provided within the corporate limits of the City.
Should you have any questions or concerns pertaining to this request, do not hesitate to contact me at (785) 832-3403.
Sincerely,
David L. Corliss
City Manager
DLC:sp
cc: Shon D. Qualseth, Attorney