No person, firm, company, corporation or association shall construct, install, maintain or operate a cable television system within the Village or within any other public property of the Village unless a franchise has first been obtained pursuant to the provisions of this chapter and unless such franchise is in full force and effect. Such franchise shall not take the place of any other license or permit which may be legally required of the grantee in order to conduct such a business or construct or install buildings, structures, facilities or equipment within the Village.
A. 
After receiving applications for a franchise, the Village, after considering the legal, financial, technical and character qualifications of the applicants, may grant one or more nonexclusive franchises creating a right to construct and operate a cable television system within the public ways of the Village. Franchise(s) may be granted to the applicant(s) which in the Village's judgment may best serve the public interest; provided, however, that no provision of this chapter shall be deemed or construed as to require the Village to grant a franchise.
B. 
The application for a cable television franchise shall be submitted to the Village Board or its designee on a written application form furnished by the Village and in accordance with procedures and schedules established by the Village. The application form may request facts and information the Village deems appropriate.
C. 
After passage of this chapter, no cable operator shall be granted a franchise by the Village in which terms and conditions differ materially from those set forth in this chapter. In the event that the Village grants a nonidentical franchise to another cable operator, the grantee shall have the right to comply instead with any less-stringent terms and conditions of the subsequent franchise and to receive other appropriate adjustments in the event there is no economically reasonable way for the grantee to reduce its franchise requirements to less stringent levels.
The term of the franchise shall not be more than 15 years from the date the franchise is accepted by the grantee. The term of a renewed franchise shall be no more than 15 years. No franchise granted pursuant to this chapter shall give any exclusive right to a grantee, and every such franchise shall be deemed to reserve the right to grant other franchises to use and occupy the public ways of the Village for cable television pursuant to the provisions of this chapter.
Except as otherwise provided in this chapter, the Village Board shall not meet to take any final action involving the review, renewal, revocation or termination of the grantee's franchise unless the Village has advised the grantee in writing, at least 30 days prior to such meeting, as to its time, place and purpose and published a notice, at least once, 10 days before the meeting in a newspaper of general circulation within the Village. Cost of such notification shall be borne by the Village.
The provisions of § 625 of the Cable Communications Policy Act of 1984, as it may hereinafter be modified or amended, are adopted by reference and made a part of this chapter with the same force and effect as though set forth herein.
A. 
The Village Board and the grantee shall hold scheduled performance evaluation sessions within 30 days of the third, sixth and ninth anniversary dates of the grantee's award of the franchise and as required by federal and state law, or annually if necessary. All such evaluation sessions shall be open to the public. The Village shall be solely responsible for notifying the grantee, in writing, at least 60 days in advance of each of the specified performance evaluation sessions.
B. 
All evaluation sessions shall be open to the public and announced by the Village Board in a newspaper of general circulation in accordance with the notice requirements of § 215-7. The grantee shall notify subscribers of all evaluation sessions by announcement on at least one appropriate channel on the system between the hours of 9:00 a.m. and 9:00 p.m. for five consecutive days preceding each session.
C. 
Topics which may be discussed at any scheduled or special evaluation session may include, but not be limited to, franchise fees, free or discounted services, applications of new technologies, system performance, services provided, programming offered, customer complaints, judicial and FCC rulings, line extension policies, and grantee or Village Board rules.
D. 
During a review and evaluation by the Village Board, the grantee shall fully cooperate with the Village Board and shall provide such relevant information and documents as the Village Board may need to reasonably perform its review (excluding subscriber and personnel information).
E. 
If at any time during its review the Village Board determines that reasonable evidence exists of inadequate cable system performance, it may require the grantee to perform tests and analyses directed toward the suspected inadequacies. The grantee shall fully cooperate with the Village Board in performing such testing and shall prepare results and a report, if requested, within 30 days after notice.
(1) 
Such a report shall include the following information:
(a) 
The nature of the complaint or problem which precipitated the special tests.
(b) 
What system component was tested.
(c) 
The equipment used and procedures employed in testing.
(d) 
The method, if any, in which such complaint or problem was resolved.
(e) 
Any other information pertinent to said tests and analyses which may be required.
(2) 
The Village may require the test to be supervised by a professional engineer not on the permanent staff of the grantee.
F. 
The Village's right under this section shall be limited to requiring tests, analyses and reports covering specific subjects and characteristics based on said complaints or other evidence when and under such circumstances as the Village has reasonable grounds to believe that the complaints or other evidence requires that tests be performed to protect the public against substandard cable service.
Renewal of this franchise shall be governed by applicable federal law.
A. 
Whenever a grantee shall refuse, neglect or willfully fail to construct, operate or maintain its cable television system or to provide service to its subscribers in substantial accordance with the terms of this chapter and the franchise, or to comply with the conditions of occupancy of any public ways, or to make required extensions of service, or in any other way substantially violate the terms and conditions of this chapter, the franchise or any applicable rule or regulation, or practices any proven fraud or deceit upon the Village or its subscribers, or fails to pay timely franchise fees or other payments, such as real estate or personal property taxes due to the Village, or if a grantee becomes insolvent or unable to or unwilling to pay its uncontested debts or is adjudged bankrupt or seeks relief under the bankruptcy laws, then the franchise may be subject to revocation.
B. 
In the event the Village believes that grounds for revocation exist or have existed, the Village shall notify the grantee, in writing, setting forth the nature and facts of such noncompliance. If within 30 days following such written notification the grantee has not furnished reasonably satisfactory evidence that corrective action has been taken or is being actively and expeditiously pursued, or that the alleged violations did not occur, or that the alleged violations were beyond the grantee's control, the Village shall thereupon refer the matter to the Village Board. Upon good cause shown as determined by the Village Board, the grantee shall receive an extension of the thirty-day time limit contained herein.
C. 
The Board shall not revoke a franchise pursuant to Subsection A of this section until it has given notice to the grantee that it proposes to take such action and the grounds therefor. The grantee shall have the option to cure the default within 60 days or to challenge the Village's allegations before an impartial administrative fact-finder or court of competent jurisdiction. In any administrative proceeding, both the grantee and the Village shall be afforded fair opportunity for full participation, including the right to introduce evidence, to require the production of evidence and to question witnesses. The administrative hearing shall be conducted pursuant to the Wisconsin Rules of Evidence and a transcript of the proceeding shall be made. The grantee shall have the right to appeal an adverse decision to a circuit court of competent jurisdiction.
D. 
A grantee shall not be subject to the sanctions of this section for any act or omission wherein such act or omission was beyond the grantee's control. An act or omission shall not be deemed to be beyond the grantee's control if committed, omitted or caused by a corporation or other business entity which holds a controlling interest in the grantee, whether held directly or indirectly. Further, the inability of a grantee to obtain financing, for whatever reason, shall not be an act or omission which is "beyond the grantee's control."
E. 
The termination of a grantee's rights under a franchise shall in no way affect any other rights the Village or the grantee may have under the franchise or under any provision of law.
A. 
The grantee, in consideration of the privilege granted under the franchise for the operation of a cable television system within the public ways of the Village, and the expense of regulation pursuant to the franchise incurred by the Village, shall pay to the Village 3% of its annual basic and pay revenue, computed until August 3, 1990; 4% until February 3, 1994; and 5% for the following fifteen-year franchise term until February 3, 2009; or the maximum franchise fee the Village may charge as it may be set from time to time by controlling federal or state law, if such maximum is less than 5%. However, the Village shall not require a franchise fee greater than 5% of gross receipts. Payment of fees shall be made within 30 days of the close of the grantee's fiscal year.
B. 
The grantee shall file with the Village, within 60 days after the expiration of the grantee's fiscal year, a financial statement clearly showing the gross receipts received by the grantee during the previous franchise year and shall simultaneously tender payment of the annual franchise fee. The grantee shall also file, upon request by the Village, within 150 days following the conclusion of each calendar year during which the franchise period is in effect (franchise year), an annual report prepared and audited by a certified public accountant acceptable to the Village clearly showing the yearly total gross receipts. The Village, at its option, may accept an unaudited financial report prepared by the grantee. If a conflict arises, the grantee agrees to provide a copy of the relevant state tax return.
C. 
In the event that any franchise payment or recomputed amount is not made on or before the applicable dates heretofore specified, interest shall be charged from said due date at the rate of 1% per month.
A. 
Upon the granting of a franchise and within 30 days following the filing of the acceptance required under § 215-33 hereof, and at all times during the term of the franchise, the grantee shall provide the Village with a certificate of insurance showing the Village as additional insured, evidencing:
(1) 
A comprehensive general liability policy indemnifying, defending and saving harmless the Village, its officers, boards, commissions, councils, agents or employees from any or all claims, suits, causes of action, proceedings and judgments for loss or damage for personal injury, death and property damage occasioned by the operations of the grantee under this franchise in the minimal amount of $1,000,000 per occurrence, combined single limit, for bodily injury and/or property damage.
(2) 
A workers' compensation and employer's liability policy must carry coverage for statutory worker's compensation and employer's liability insurance with limits of liability as follows: bodily injury by accident, $100,000 each accident; bodily injury by disease, $500,000 policy limit; bodily injury by disease, $200,000 each employee. The policy must include the following coverage: occupational disease, sickness and death; broad form all states endorsement; and coverage for any liability or claim that may be incurred under the U.S. Longshoremen's and Harbor Workers' Act, Admiralty (Jones) Act and Federal Employee Liability Act.
(3) 
A franchise bond running to the Village with good and sufficient surety approved by the Village in the amount specified in the franchise or, if no amount is specified therein, then in the sum of $250,000, conditioned upon the faithful performance and discharge of the obligations imposed by this chapter and the franchise awarded hereunder from the date thereof, including, but not limited to, faithful compliance with the construction timetable proposed by the grantee in its application as incorporated into the franchise, unless appropriate extension is approved by the Village Board.
(a) 
When regular subscriber service is available to more than 90% of the occupied dwelling units within the franchise area, as described in § 215-17, as certified by the agency to the Village Board, the amount of the bond shall be reduced to the amount specified in the franchise or, if no amount is specified therein, then to the sum of $50,000. The Board's right to recover under the bond shall be in addition to any other rights retained by the Village under this chapter and other applicable law.
(b) 
Any proceeds recovered under the bond may be used to reimburse the Village for the loss of expected payments of the franchise fee and other valuable consideration given for the grant of the franchise, and such additional expenses as may be incurred by the Village as a result of the grantee's failure to comply with the obligations imposed by this chapter and the franchise, including, but not limited to, attorneys' fees and costs of any action or proceeding, the cost of refranchising, and the cost of removal or abandonment of any property, or other costs which may be in default.
B. 
The bond and all insurance policies called for herein shall be issued by companies licensed to do business within the State of Wisconsin and shall be in a form satisfactory to the Village Attorney and shall require 30 days' written notice of any cancellation to both the Village and the grantee. The grantee shall, in the event of any such cancellation notice, obtain, pay all premiums for, and file with the Village written evidence of the issuance of replacement bond or policies within 30 days following receipt by the Village or the grantee of any notice of cancellation.
C. 
The grantee's liability and obligation under the terms of this section shall be limited to the actual amount of any damages as finally determined by a court of competent jurisdiction or agreed upon by the Village, together with reasonable expenses actually incurred in connection with any action, suit or proceeding arising out of the construction, maintenance or operation of the grantee's cable system to which the Village has been made a party. Further, notwithstanding anything to the contrary contained in this section, the Village shall not be so indemnified or reimbursed in relation to any matter in such action, suit or proceeding as to which:
(1) 
The Village shall finally be adjudged to have been guilty of or liable for gross negligence, willful misconduct or criminal acts; or
(2) 
A compromise settlement has been entered into by the Village, except to the extent that the same shall have been approved by the grantee or approved by a court of competent jurisdiction after a noticed hearing at which the grantee was represented.
A. 
A franchise granted under this chapter shall be a privilege to be held in personal trust by the grantee. It shall not be assigned, transferred, sold or disposed of, in whole or in part, by voluntary sale, sale and leaseback, merger, consolidation or otherwise by forced or involuntary sale, without prior consent and approval of the Board. Such approval shall not be unreasonably withheld, i.e., by exercising the foregoing approval authority, the Village may reasonably consider the qualifications of the proposed purchaser to fulfill the lawful terms and conditions of this chapter but may not impose any additional terms or conditions as a prerequisite to approval.
B. 
The consent of the Village Board to any sale, transfer, lease, trust, mortgage or other instrument of hypothecation shall not constitute waiver or release of any of the rights of the Village under this chapter and the franchise.
A. 
All charges to subscribers shall be consistent with a schedule of fees for a particular service level as established by the grantee.
B. 
The grantee shall not, with regard to service, discriminate or grant any preference or advantage to any person based on race, creed or religion; provided, however, that the grantee may establish different service levels for different classes of subscribers, provided that the grantee not discriminate between any subscribers of the same class.
C. 
If, during the term of the franchise, the grantee receives refunds of any copyright payments which had been separately billed on the monthly subscriber statement, the grantee shall notify the Village Board, suggest a plan for flow-through of the refunds to its subscribers, and retain such refunds in an interest-bearing escrow account, pending order of the Board. After considering the plan submitted by the grantee, the Board shall order flow-through of the refunds with accrued interest to the grantee's subscribers in a fair and equitable manner.
D. 
The grantee may, at its own discretion, in a nondiscriminatory manner, waive, reduce or suspend connection fees and/or monthly service fees for promotional purposes.
E. 
Except as may be otherwise provided in a franchise, a subscriber shall have the right to have its service disconnected as soon as practicable and in no case later than 30 days following notice to the grantee of the same. No grantee shall enter into any agreement with a subscriber which imposes any charge following disconnection of service, except for reconnection and subsequent monthly or periodic charges. This subsection shall not prevent a grantee from refusing service to any person because the grantee's prior accounts with that person remain due and owing.
F. 
Except as may be otherwise provided in a franchise, a grantee may offer service which requires advance payment of periodic service charge. A customer shall have the right, at any time, to have his/her service disconnected with a refund of unused service charges paid to the customer within 45 days from the date of service.