A broadband provider may enter into an arrangement to designate video service provider fees remitted by the broadband provider for contribution towards an eligible project’s broadband funding gap under the following circumstances:

(A) The broadband provider is a video service provider that, pursuant to section 1332.32 of the Revised Code, collects and remits video service provider fees to one or more legislative authorities in which an eligible project is located.

(B) The arrangement is entered into by mutual consent with one or more of the legislative authorities in which the eligible project is located.