(c)(1) and (e)(2). Such review may include the meth-
odology used by such cable operator to assign por-
tions of the revenue from cable service that may be 
bundled or functionally integrated with other serv-
ices, capabilities, or applications. Such review shall 
be conducted in accordance with procedures estab-
lished by the Commission. 
‘‘(4) COST RECOVERY.— 
‘‘(A) To the extent that the review under 
paragraph (3) identifies an underpayment of an 
amount meeting the minimum percentage speci-
fied in subparagraph (B) of the fee required 
under subsections (c)(1) and (e)(2) for the pe-
riod of review, the cable operator shall reim-
burse the franchising authority the reasonable 
costs of any such review conducted by an inde-
pendent third party, as determined by the Com-
mission, with respect to such fee. The costs of 
any contingency fee arrangement between the 
franchising authority and the independent re-
viewer shall not be subject to reimbursement. 
‘‘(B) The Commission shall determine by 
rule the minimum percentage underpayment 
that requires cost reimbursement under sub-
paragraph (A). 
VerDate Aug 31 2005 
20:29 May 04, 2006
Jkt 049200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H5252.IH
H5252
cchase on PROD1PC60 with BILLS
‘‘(5) LIMITATION.—Any fee that is not reviewed 
by a franchising authority within 3 years after it is 
paid or remitted shall not be subject to later review 
by the franchising authority under this subsection 
and shall be deemed accepted in full payment by the 
franchising authority. 
‘‘(n) ACCESS TO PROGRAMMING FOR SHARED FA-
CILITIES.— 
‘‘(1) PROHIBITION.—A cable programming ven-
dor in which a cable operator has an attributable in-
terest shall not deny a cable operator with a national 
franchise under this section access to video program-
ming solely because such cable operator uses a 
headend for its cable system that is also used, under 
a shared ownership or leasing agreement, as the 
headend for another cable system. 
‘‘(2) DEFINITION.—The term ‘cable program-
ming vendor’ means a person engaged in the produc-
tion, creation, or wholesale distribution for sale of 
video programming which is primarily intended for 
the direct receipt by cable operators for their re-
transmission to cable subscribers. 
‘‘(o) GROSS REVENUES.—As used in this section: 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), the term ‘gross revenues’ means all consid-
VerDate Aug 31 2005 
20:29 May 04, 2006
Jkt 049200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H5252.IH
H5252
cchase on PROD1PC60 with BILLS
eration of any kind or nature, including cash, cred-
its, property, and in-kind contributions (services or 
goods) received by the cable operator from the provi-
sion of cable service within the franchise area. 
‘‘(2) INCLUDED ITEMS.—Subject to paragraph 
(3), the term ‘gross revenues’ shall include the fol-
lowing: 
‘‘(A) all charges and fees paid by sub-
scribers for the provision of cable service, in-
cluding fees attributable to cable service when 
sold individually or as part of a package or bun-
dle, or functionally integrated, with services 
other than cable service; 
‘‘(B) any franchise fee imposed on the 
cable operator that is passed on to subscribers; 
‘‘(C) compensation received by the cable 
operator for promotion or exhibition of any 
products or services over the cable service, such 
as on ‘home shopping’ or similar programming; 
‘‘(D) revenue received by the cable oper-
ator as compensation for carriage of video pro-
gramming or other programming service on 
that operator’s cable service; 
VerDate Aug 31 2005 
20:29 May 04, 2006
Jkt 049200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H5252.IH
H5252
cchase on PROD1PC60 with BILLS