Village of Wales, WI Cable Television

There is hereby granted by the Village the right, privilege and franchise to construct, operate and maintain a CATV system in the streets of the Village for a period of 25 years, this time period to begin one month after the passage, acceptance and effective date of this chapter, subject to the rights, obligations, conditions and restrictions as hereinafter provided. Any franchise granted by the Village shall be nonexclusive.

The right to use and occupy the streets for the purpose herein set forth shall not be exclusive, and the Village reserves the right to grant a similar use of the streets to any person at any time during the period of this franchise.

This chapter and the franchise awarded pursuant to the terms of this chapter shall relate to and cover the entire present territorial limits of the Village and any area hereafter annexed thereto during the term of the franchise. The grantee agrees to and shall install and furnish CATV service to all residents of the Village.

Expiration of the grant. After the expiration of the term for which the franchise is granted, the Village shall have the right to determine whether the grantee shall continue to operate and maintain the CATV system pending the decision of the Village as to the future maintenance and operation of the system.

[Amended 4-30-1990]

Conditions regarding street use.

All transmission and distribution structures, lines and equipment erected by the grantee within the Village shall be located so as not to interfere with the proper use of streets, alleys and other public ways and places and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the streets, alleys or other public utility installations. All installation shall be underground in those areas of the Village where the telephone and electric service is underground at the time of installation. In areas where the telephone or electric distribution facilities are aboveground at the time of installation, the grantee may install its facilities aboveground, but in such case the grantee, to the maximum extent possible and subject to the approval of the telephone or electric company, shall place its facilities on the poles of such telephone or electric company, and when the telephone or electric facilities shall go underground the facilities of the grantee shall likewise go underground simultaneously. The use by the grantee of any facilities or installations of a telephone or electric utility and the conditions of such use shall be determined by negotiations between the grantee and such utility, if not covered by easement agreements. The grantee shall, at the request of the homeowner, place its service wire underground at no charge at the time of installation even in those areas where the existing utilities are overhead.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the grantee shall, at its own expense and in the manner provided by the Village, replace and restore all pavement, sidewalk, driveway or other surface of any street or alley disturbed. Any damage to paving, sidewalk, or driveway or any other damage to private property shall be repaired and such property shall be restored to the same condition as it was prior to the work done on such property by the grantee. All cost and expense thereof shall be paid by the grantee, and such property shall be restored and repaired by the grantee immediately, within 14 calendar days, after the work on the private property is completed by the grantee.

If at any time during the period of the franchise the Village shall lawfully elect to alter or change the grade or location of any street, alley or other public way, the grantee shall, upon reasonable notice by the Village, remove, relay and relocate its poles, wires, cables and underground fixtures at its own expense and in each instance comply with the requirements of the Village.

The grantee shall not place poles, conduits, wires or other facilities above or below ground where the same will interfere with or endanger any gas, electric or telephone facilities, water hydrant or other utility, nor shall the grantee place poles, conduits, wires or other facilities above or below ground in a manner which results in a public utility facility violating any applicable safety statute, ordinance or administrative regulation, nor shall the grantee interfere with normal television, radio or other forms of signal transmission to property adjacent to the installation or run of cables.

The grantee shall, on request of any person holding a moving permit issued by the Village, temporarily move its wires or fixtures to permit the moving of buildings, the expense of such temporary removal to be paid by the person requesting the same, and the grantee shall be given not less than 72 hours' advance notice to arrange for such temporary changes.

The grantee shall have the authority to trim any trees upon and overhanging the streets, alleys, sidewalks and public places of the Village so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee, except that, at the option of the Village, such trimming may be done by it or under its supervision and direction at the expense and liability of the grantee. Where wires and cables of the grantee cross private property or are located within an easement granted to the telephone or electric company on private property and such easement grants to the telephone or electric company the right to trim trees and shrubbery within the easement area, the grantee shall give prior notification to the owner of such property of its intention to trim trees or shrubbery located within the easement area.

Removal of equipment. Following the grantee's commencement of service through and over its CATV system, the grantee shall, upon request of the Village Board following a public hearing held pursuant to § 174-13B(2), promptly remove from the public streets where its properties are located all or any part of the facilities so located when one or more of the following conditions occur, provided that the grantee shall be entitled to receive notices in writing from the Village delivered to the local office of the grantee setting forth one or more of the occurrences enumerated below:

The grantee ceases to provide a substantial amount of the services required in this chapter for a continuous period equal to or greater than six months.

The grantee fails to construct the system as provided herein.

The franchise expires or is revoked pursuant to notice as provided herein.

Joint use by Village and utilities.

The grantee may be required by the Village to permit joint use of its property and appurtenances located in the streets, alleys or other public ways of the Village by other utilities insofar as such joint use may be reasonably practicable and upon payment of reasonable rental therefor, provided that in the absence of agreement regarding such joint use, the Village Board shall provide for arbitration of the terms and conditions of such joint use and the compensation to be paid therefrom, which award shall be final.

The Village shall have the right during the term of this franchise to install and maintain free of charge upon the property of the grantee its own equipment, including but not limited to a police alarm system, on the condition that such equipment does not unreasonably interfere with the CATV operations of the grantee.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 174-5 Initial system installation schedule.

The grantee shall, within 20 days after a franchise is granted by the Village, make application to the Federal Communications Commission for a certificate of compliance for the establishment of a cable television system in the Village and, if necessary, for the utilization of a microwave facility to import permissible signals, and the grantee shall prosecute such application diligently and faithfully in order that necessary approvals can be obtained in the shortest possible time. The Village reserves the right to intervene in the application for a certificate of compliance, and the grantee shall pay all expenses incurred by the Village in connection with the submission and defense of an application for a certificate of compliance filed with the FCC by the grantee.

The grantee shall, within 20 days after a franchise is granted by the Village, begin negotiations with utility companies for facility lease agreements.

Prior to the commencement of construction and receipt of final approvals from the Federal Communications Commission for establishment of the system, the grantee shall conduct the necessary engineering studies.

The grantee shall, within 20 days after a franchise is granted by the Village, begin preliminary engineering of the pole line route, electronic layouts and negotiations for common carrier microwave contracts and negotiate engineering surveys for the receiving site and building locations of the grantee's CATV system.

The grantee shall commence construction of the cable television system within 60 days after the execution of pole attachment agreements and receipt of final approval from the Federal Communications Commission to establish a cable television system and utilize a microwave facility to import permissible signals. The grantee shall notify the Village in writing as soon as all pole attachment agreements have been consummated and when final approval from the Federal Communications Commission to establish a cable television system provided in this chapter has been obtained.

The grantee shall provide service to all residents of the Village requesting service within 12 months from the granting of the franchise.

The grantee shall submit to the Village Board an installation plan for the entire Village, indicating the date on which the grantee expects the installation of the CATV system to be completed and available for service to subscribers in the various areas of the Village.

The requirements established in Subsections A through G above are maximums, and the grantee may at any time proceed at a rate speedier than required by Subsections A through G above. The Village Board shall have the right to inspect all construction or installation work performed pursuant to the provisions of this chapter.

The Village may, in its discretion, extend the time for the grantee, acting in good faith, to perform any act required hereunder. The time for performance shall be extended or excused, as the case may be, for any period during which the grantee demonstrates to the satisfaction of the Village Board that the grantee is being subjected to delay or interruption due to any of the following circumstances if reasonably beyond its control:

Necessary utility rearrangements, pole changeouts or obtainment of easement rights.

Governmental or regulatory restrictions.

Labor strikes.

Lockouts.

War.

National emergencies.

(7)

Fire.

(8)

Acts of God.

If the grantee shall fail to complete the construction and installation of the cable television system as provided in Subsection F above, the grantee shall pay to the Village $500 for each and every day the time consumed in such installation and construction exceeds the time specified.

§ 174-6 Financial consideration.

Franchise payments.

The grantee shall pay to the Village for the use of the streets and other facilities of the Village in the operation of the CATV system and for the municipal supervision thereof a fee in the amount of 3% of the annual basic cable gross receipts of the grantee derived from basic service in the Village. The grantee shall file with the Village Board within 30 days after the expiration of each half year ending on January 1 and July 1 during the period this franchise shall be in force a financial statement certified by an officer of the grantee showing in detail the annual basic cable gross receipts of the grantee from the Village during the preceding semiannual period. The grantee shall pay to the Village at the time of filing such statement the franchise fee prescribed.

[Amended 4-30-1990]

If this franchise should be terminated or forfeited prior to the end of the basic twenty-five-year term, the grantee shall, within 90 days, submit to the Village Board a certified financial statement prepared as before required showing the gross receipts of the grantee for the time elapsed since the last period for which the grantee has paid to the Village the required percentage of gross annual receipts, and the grantee shall pay to the Village not later than 30 days following the termination of the franchise a like percentage of such gross receipts.

If any payment is not made on or before the applicable date fixed in Subsection A(1) and (2) hereof, interest on such payments shall apply from such date at the yearly rate of five points plus cost of collection.

Pursuant to § 174-13A(3), the Village Board shall have the right to inspect the grantee's records showing the gross receipts from which its franchise payments are computed. The right of audit and recomputation of any and all amounts paid under this franchise shall be always accorded to the Village Board at the Board's expense. No acceptance of any payment by the Village shall be construed as a release of or an accord or a satisfaction of any claim the Village might have for further or additional sums payable under the terms of this chapter or for any other performance or obligation of the grantee hereunder.

Payments of compensation made by the grantee to the Village pursuant to the provisions of this chapter shall not be considered in the nature of a tax but shall be in addition to any and all taxes which are now or hereafter required to be paid by law of the United States or the Village.

Insurance and indemnity.

At all times during the term of the franchise the grantee shall obtain, pay all premiums for and file with the Village Board at least 10 days before construction of the system commences a certificate of insurance or other proof evidencing the payment of premiums for the following:

A general comprehensive public liability insurance policy indemnifying, defending and saving harmless the Village, its officers, boards, committees, commissions, agents or employees from any and all claims by any person whatsoever on account of injury to or death of a person or persons occasioned by the operations of the grantee under the franchise herein granted or alleged to have been so caused or occurred with a minimum liability of $1,000,000 for bodily injury or death of any one or more persons in any one occurrence. Such policies are to include personal injury coverage.

Property damage insurance indemnifying, defending and saving harmless the Village, its officers, boards, committees, commissions, agents and employees from and against all claims by any person whatsoever for property damage occasioned by the operation of the grantee under the franchise herein granted or alleged to have been so caused or occurred with a minimum liability of $1,000,000 for property damage in any one occurrence.

All of the foregoing insurance contracts shall be maintained by companies authorized to do business in Wisconsin. Such insurance contracts shall require 30 days' written notice of any cancellation to both the Village and the grantee.

[Amended 4-30-1990]

The grantee shall also, at its sole cost and expense, fully indemnify, defend and hold harmless the Village, its officers, boards, committees, commissions and employees against any and all claims, suits, actions, liability and judgments for damages, including but not limited to expenses for reasonable legal fees and disbursements and liabilities assumed by the Village in connection therewith:

Arising out of any claim for invasions of the right of privacy, for defamation of any person or for the violation or infringement of any copyright, trademark, trade name, service mark or patent or of any other right of any person, excluding claims arising out of or relating to Village programming.

Arising out of the grantee's failure to comply with the provisions of any federal or state statute or local ordinance or regulation applicable to the grantee in its business hereunder.

The foregoing indemnity is conditioned upon the following: The Village shall give the grantee prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this section. Nothing herein shall be deemed to prevent the Village from cooperating with the grantee and participating in the defense of any litigation by its own counsel at its sole cost and expense.

Surety bond.

The grantee shall maintain and by its acceptance of this franchise specifically agrees that it will maintain throughout the term of this franchise a faithful performance bond running to the Village, with a good and sufficient surety approved by the Village Attorney in the sum of $20,000, conditioned that the grantee shall well and truly observe, fulfill and perform each term and condition of this franchise and of the grantee's proposal and that, in case of any breach, the Village shall be entitled to recover from the principal and sureties thereof the amount of all damages, including all costs and attorney fees incurred by the Village proximately resulting from the failure of the grantee to observe and perform any and all of the provisions of this franchise. After the grantee completes the installation of the CATV system, the grantee has provided service to all residents of the Village requesting such service and the Village Board approves the installation of the system and is satisfied that all residents of the Village requesting service have been provided such service by the grantee, the Village Board shall reduce the bond to $2,000.

No recovery by the Village of any sum by reason of the bond required herein shall be any limitation upon the liability of the grantee to the Village, except that any sum received by the Village by reason of the bond required herein shall be deducted from any recovery which the Village might have against the grantee.

Acceptance of this chapter.

This chapter and its terms and provisions shall be accepted by the grantee by written instrument executed and acknowledged by it as a deed is required to be and filed with the Village Clerk within 20 days after the passage of this chapter. Such written instrument shall state and express the acceptance of this chapter and its terms, conditions and provisions; the grantee shall agree in the instrument to abide by, observe and perform the same and declare that statements and recitals herein are correct and that it has made and does make this agreement, statement and admissions in this chapter recited to have been or to be made.

This chapter shall take effect 20 days after its final passage and posting, provided that such formal acceptance of the terms and conditions by the grantee as herein provided in a form approved by the Village Attorney and the acceptance fee of $1,000 in the form of a certified or cashier's check shall both have been filed and deposited with the Village Clerk within such 20 days. If one or both of the above are not filed or deposited as required, this chapter shall not take effect but shall be void.

Such acceptance fee shall be utilized by the Village to cover the expenses which it has incurred to date in choosing a cable franchise and formulating this chapter.

§ 174-7 Service to be provided.

General requirements.

The grantee shall install, maintain and operate its system in accordance with the highest standards of the state of the art of cable communications and in accordance with any code of conduct which has been adopted by the National Cable Television Association.

The grantee shall render efficient service in accordance with such rules and regulations as have been promulgated and will be promulgated by the FCC and other federal and state regulatory agencies.

The grantee shall provide a uniform, strong signal, free from distortion and interference, and shall not interrupt services unless absolutely necessary.

The grantee shall provide cable television services which are identical to those services which are described in the grantee's proposal to the Village dated May 6, 1985, which proposal is on file in the office of the Village Clerk, provided that the grantee shall not have to provide any proposed service which has been disapproved by the FCC for a certificate of compliance.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

It shall be the right of all subscribers to receive all available services insofar as their financial and other obligations to the grantee are honored. If the grantee elects to overbuild, rebuild, modify or sell the system or the Village revokes or fails to renew this permit or elects to purchase the system, the grantee shall do everything in its power to ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances. In the event of purchase by the Village or a change of grantee, the current grantee shall cooperate with the Village or a representative appointed by the Village to operate the system, for a temporary period, in maintaining continuity of service to all subscribers.

The grantee shall provide full basic cable television service to the Fire and Police Departments and shall provide full basic cable television services to the Village Hall without charge as requested by the Village.

Channel allocations.

Off-the-air programming. The grantee shall carry the signals of the following television stations:

Basic Service Channel Selection
4	WTMJ	(NBC)	Milwaukee
6	WITI	(CBS)	Milwaukee
10	WMVS	(PBS)	Milwaukee
12	WISN	(ABC)	Milwaukee
18	WVTV	(IND)	Milwaukee
24	WCGV	(IND)	Milwaukee
30	WVCY	(IND)	Milwaukee
36	WMVT	(PBS)	Milwaukee
55	WCIU	(IND)	Milwaukee
9	WGN	(IND)	Chicago
17	WTBS	(IND)	Atlanta
9	WOR	(IND)	New York
C-SPAN		Satellite public affairs
ESPN		24 hours a day sports
Christian Broadcasting Network
The Weather Channel
MTV
Nickelodeon
Lifetime
Cable News Network
USA Network
The Nashville Network
VH-1
SPN

	Add-on Channels
	Home Box Office (HBO)
	Showtime
	The Disney Channel
	The Movie Channel

Public access channel.

[Amended 4-30-1990]

Upon request of the Board, the grantee shall make available one fully operational channel on a nondiscriminatory basis and at no charge to the user for such channel. Upon request of the Board, the grantee shall also donate the following equipment to the Village:

Modulator, Scientific Atlanta, 6330

Camera, JVC, GFS550SUHS

Playback, Sony VP 7020 with TBC

The grantee shall have no responsibility for maintenance of such equipment or training in the use of such equipment. The rules for use of the channel and equipment shall be the responsibility of the Board.

Emergency or disaster. In the event of an emergency or disaster, the grantee shall, upon request of the Village President or his authorized representative, make available its facilities to the Village at no charge for emergency use during the period of such emergency or disaster and shall provide such personnel as necessary to properly operate under the circumstances.

Customer service.

The grantee shall maintain an office in the metropolitan area which shall be open during all usual business hours, have a listed telephone and be so operated that complaints and requests for repairs or adjustments may be received at any time.

The grantee shall respond to all service calls and complaints and shall correct malfunctions in the equipment as promptly as possible. The grantee shall respond to requests for service within 24 hours after the receipt of the request. If the grantee does not respond to a request involving an outage of service within such 24 hours, the grantee shall refund 1/30 of its monthly charge to a subscriber for each 24 hours or fraction thereof following a request for service involving an outage, except to the extent that the grantee is prevented from responding to such request for service by strike, injunction or other cause beyond the control of the grantee.

[Amended 4-30-1990]

The grantee shall not prevent others from entering the business of selling television equipment to cable subscribers.

§ 174-8 Technical configuration and capacity.

The cable system shall be engineered, installed, maintained, operated and equipped so as to, at all times, meet the technical standards which are the current state of the art of the cable communications industry. The grantee shall also, at all times, meet the technical standards established by the FCC, including specifications for frequency levels, channel frequency response, terminal isolation and system radiation and all other standards which the FCC may set.

The cable system shall be engineered and equipped so as to possess an initial capacity of 54 channels.

The grantee shall upgrade its facilities, equipment and service as subscribers' demands dictate so that its system is as advanced as the current state of technology, with field-proven equipment, will allow where economically feasible.

The cable system shall be engineered and installed with the capacity for two-way communications in accordance with the regulations of the FCC now in effect or which may be promulgated.

The cable system shall utilize a single trunk, providing a frequency range of 54 to 400 megahertz.

The converters utilized in the cable system shall be capable of delivering 54 television channels.

At the option of any individual subscriber, the grantee shall install a switching device upon the subscriber's television receiver whereby the subscriber may disconnect his television receiver from the grantee's cable system in order to receive over-the-air television signals. The price of this device to the subscriber shall be at the cost of the device to the grantee or less, at the option of the grantee, and the grantee shall not charge the subscriber any fee for the installation of the device at the time of initial installation. The grantee shall make all reasonable efforts to obtain the devices at the lowest possible cost.

At the option of any individual subscriber, the grantee shall provide a device which allows the individual subscriber to utilize a key to disconnect those channels providing additional services to the subscriber, such as pay television channels. The price of such device shall be the cost of the device to the grantee or less, at the option of the grantee, and the grantee shall not charge the subscriber any fee for the installation of such device at the time of initial installation. The grantee shall make all reasonable efforts to obtain such devices at the lowest possible cost.

The grantee shall provide for the standardization of cable television system facilities for the exchange of transmission of both live and recorded programs with other cable television facilities operating in adjacent territory to the Village. The grantee shall run appropriate trunk lines to the borders of the franchise area or provide other suitable methods to accomplish such purpose, where economically feasible.

§ 174-9 Rates.

Rate schedule.

Requirements. The rates charged to subscribers shall be fair and reasonable. Such rates shall also be nondiscriminatory, except as provided in Subsection A(2) to (9) below.

Initial rate schedule.

The grantee shall be permitted to charge rates not exceeding the following:

For a first outlet to provide basic service to residential subscribers, a monthly fee of $11.25.

For installation of a first outlet to provide basic service to residential subscribers, a fee of $25.

[3]

For additional outlets to provide basic service to residential subscribers, a monthly fee of $3.

[4]

For additional outlets to provide basic service and one pay service or more to residential subscribers, a monthly fee of $6.

[5]

For installation of additional outlet or outlets, if done at the same time, a one-time fee of $15 shall be charged. If the installation of the additional outlet is done at the time of the primary outlet, the resident will be charged only for the primary outlet installation.

[6]

All installation fees as provided above for installations that occur within 90 days from the date of application for service shall be waived.

[7]

For reconnection of an outlet to provide basic service to a subscriber, after the subscriber has been disconnected from the grantee's cable system, an installation fee of $15.

[8]

For relocation of an outlet to provide basic service to a subscriber within a subscriber's residence, a fee of $15.

[9]

For installation of an outlet to provide basic service to a residential subscriber who has moved to a new residence within the Village and has subscribed to the grantee's cable system, a fee of $15; if the grantee must install a new drop at the subscriber's new residence, the grantee may charge the fee specified in Subsection A(2)(a)[2] above.

[10]

For a first outlet to provide the radio services required to be provided by the grantee's revised proposal dated May 6, 1985, no monthly fee or installation fee to the subscribers for basic service provided by the grantee.

[11]

For a first outlet to provide the radio services required to be provided by the grantee's revised proposal dated May 6, 1985, a monthly fee of $3 and an installation fee of $15 to parties who do not subscribe to the basic service provided by the grantee.

[12]

For additional outlets to provide the radio services required to be provided by the grantee's revised proposal dated May 6, 1985, a monthly fee of $3 per outlet and an installation fee of $15 per outlet, provided that installation of such additional outlet shall be undertaken by the grantee at no charge to the subscriber if the installation is ordered by the subscriber to occur at the same time as the installation of an outlet for which a fee is charged.

[13]

For reconnection of a subscriber's radio outlet after such outlet has been disconnected, a fee of $15.

[14]

For relocation of a subscriber's radio outlet within a subscriber's residence, a fee of $15.

[15]

For motels, apartment houses and other multiunit dwellings, rates, fees and charges as stated in the grantee's proposal.

All fees in Subsection A(2)(a) above include charges for converters, and no additional charge for converters shall be made.

(c)

The grantee shall at no time whatsoever charge any fee for disconnecting any outlet in the residence of any subscriber.

The grantee shall provide, without charge, one outlet to each municipally owned building, fire station, police station, library, public and parochial school and institution of higher learning that is passed by its cable. If more than one outlet is required at any location, the grantee shall install the same at the cost of time and materials only, and in no event will there be a monthly service charge at such locations.

Rates for all other services to be provided over the CATV system by the grantee shall be as set forth in the grantee's proposal with reference to such rates dated May 6, 1985, and on file in the office of the Village Clerk.

If the grantee desires to provide new services not set forth in the grantee's proposal, the rates for such services shall be approved pursuant to Subsection B of this section.

Nothing above shall be construed to prohibit the reduction or waiving of charges in conjunction with promotional campaigns for the purpose of attracting subscribers, nor shall this provision be interpreted to prohibit the establishment of a graduated scale of charges and classified rate schedule to which any subscriber or programmer included within a particular classification shall be entitled, provided that such classified rate schedules are approved by the Village Board under Subsection B of this section.

(7)

Nothing above shall prohibit special rates for large institutions, motels, multiple-family dwelling units or any other type of dwelling or building, provided that such special rates are approved by the Village Board under Subsection B of this section.

(8)

The rates established in Subsection A(2) and (3) above shall not be subject to increase through the first 18 months following commencement of service.

(9)

The grantee will construct the cable system and provide service throughout the franchise areas at the normal installation charges.

(10)

The grantee shall provide a fourteen-percent senior citizen discount on its basic service. For purposes of this discount, a senior citizen is defined as the head of a household who is 60 years of age or older.

Rate supervision.

The grantee may decrease the rates to subscribers at any time. All rate increases above maximums previously approved, advance charges for additional services and converters, classified rate schedules and special rates for certain dwellings or buildings shall not go into effect until approved by the Village Board under Subsection B(2) and (3) below.

The Village Board shall approve rates only after a public hearing has been held on the rate change in question. The public hearing shall be announced by written notice published in a newspaper of general circulation at least 10 days before the date of the hearing. At the public hearing, the grantee shall make such showing as the Village Board requires to substantiate the necessity for the rate change in question.

The Village Board shall either approve the rate change or fail to do the same through the use of a resolution.

The Village Board reserves the right to review and approve rates for new services.

Advance charges.

The grantee may require subscribers to pay for each month of basic service and FM service in advance at the beginning of each month. No other advance payment or deposit of any kind shall be required by the grantee for basic subscriber service. No deposit or advance payment of any kind shall be charged for the provision of any converter without prior approval of the Village Board. Additional advance payments may be made available, as an option, by the grantee to subscribers. Nothing in this provision shall be construed to prohibit charges for initial installation and reconnecting.

The grantee may make available or require advance charges or deposits for various additional services, provided that the Village Board shall have authorized such charges or deposits under Subsection B of this section.

Termination of service.

If any subscriber fails to pay a properly due monthly subscriber fee or any other properly due fee or charge, the grantee may disconnect the subscriber's service outlet. Such disconnection shall not be effected until 30 days after the due date of such delinquent fee or charge or until 10 days after adequate written notice of the intent to disconnect has been mailed to the subscriber in question. After disconnection, upon payment of the delinquent fee or charge and the payment of a reconnection charge, the grantee shall promptly reinstate the subscriber's cable service.

Upon termination of service to any subscriber, the grantee shall promptly remove all of its facilities and equipment from the premises of such subscriber upon his written request. The service will be disconnected at the poles if aboveground or at the connection box if underground, so that such disconnection shall be outside rather than inside the home. For multiple-family dwellings, such disconnection shall be made in the basement or other appropriate service area outside the living area itself. Any such removal shall be at no cost to the subscriber.

Refunds to subscribers and programmers. If the grantee fails to provide any material service requested by a subscriber or programmer, the grantee shall, after adequate notification and being afforded the opportunity to provide the service, promptly refund all deposit or advance charges paid for the services in question by the subscriber or programmer.

§ 174-10 Protection of individual rights.

Discriminatory practices prohibited. The grantee shall not deny service or access or otherwise discriminate against subscribers, programmers or general citizens on the basis of race, color, religion, national origin, creed or sex. Nothing in this provision shall be construed to prohibit the reduction or waiving of charges in conjunction with promotional campaigns for the purpose of attracting subscribers, nor shall this provision be interpreted to prohibit the establishment of a graduated scale of charges and classified rate schedule to which any subscriber or programmer included within a particular classification shall be entitled.

Employment practices of the grantee. In the carrying out of the construction, maintenance and operation of its CATV system, the grantee will not discriminate against any employee or applicant because of race, creed, color, religion, sex or national origin. The grantee shall strictly adhere to the equal employment opportunity requirements of the FCC as expressed in §§ 76.13(a)(8) and 76.311 of Chapter 1 of Title 47 of the Code of Federal Regulations. The grantee shall comply at all times with all other applicable federal, state, Village and county laws and all other executive administrative orders relating to nondiscrimination in employment. The grantee will take affirmative action with reference to all applicants without regard to their race, creed, color, sex, religion or national origin. Such action shall include, but not be limited to, employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, and training, including apprenticeship. The grantee shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. The grantee shall, in all solicitations or advertisements for employees placed by or on behalf of the grantee, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, religion or national origin. The grantee will incorporate the foregoing requirements of this subsection in all of its contracts for work relative to construction, maintenance and operation of the CATV system, other than contracts for standard commercial supplies or raw materials, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for such work.

Cable monitoring. Neither the grantee nor any governmental bureau, department, unit, agency or entity at the federal, state, county or local level nor any other person or entity shall monitor or arrange for the monitoring of any cable, tone, signal, input device or subscriber outlet or receiver for any purpose whatsoever.

Right of privacy.

The grantee shall not transmit any signal to or from any dwelling or any other building without the express authorization of the owner of such dwelling or other building, provided that where the owner has leased the dwelling or other building, or a portion thereof, express authorization shall be obtained from the lessee and not from the owner.

Nothing in this section shall diminish any rights of residents of dwellings or other buildings protected by this chapter.

Rights of residents.

An owner or operator of any apartment building, condominium, nursing home or any other rental facility may not interfere with or charge a fee for the installation of cable facilities for the use of a lessee of the property or premises, except that such owner or operator may require:

Installation to conform to reasonable conditions necessary to protect the safety, appearance and functioning of the premises.

The grantee, occupant or tenant to pay for the installation, operation or removal of such facilities.

(c)

The grantee, occupant or tenant to agree to indemnify the owner or operator for any damages caused by the installation, operation or removal of such facilities.

The grantee shall not reimburse or offer to reimburse any person or demand or receive reimbursement from any person for the placement, upon the premises of such person, of the grantee's facilities necessary to connect such person's premises to the distribution lines of the grantee to provide CATV service to the premises.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

A landlord may not discriminate in the amount of rent charged to tenants or occupants who receive cable services and to those who do not.

The grantee may not take actions which would diminish or interfere with the privilege of any tenant or other occupant of any such building to use or avail himself of master or individual antenna equipment.

Sale of subscriber lists prohibited. The grantee shall not sell, or otherwise make available, lists of the names and addresses of its subscribers or any list which identifies by name subscriber viewing habits to any person, agency or entity for any purpose whatsoever.

§ 174-11 Rights reserved to Village.

The right is hereby reserved to the Village to adopt, in addition to the provisions contained herein and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police powers, provided that such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the rights herein granted.

Nothing contained in this chapter shall be construed to limit or in any way impair the powers and authorities of the Village, except as expressly stated in this chapter.

§ 174-12 Protections afforded grantee.

Tampering with cable equipment. A person who willfully or maliciously damages or causes to be damaged any wire, cable, conduit, apparatus or equipment of the grantee or who commits any act with intent to cause damage to any wire, cable, conduit or equipment of the grantee with intent to obtain a signal or impulse therefrom without authorization of the grantee shall be subject to a forfeiture of not more than $500 as determined by the court and shall be liable in a civil action for three times the actual amount of damages sustained thereby, but this subsection shall not prevent a public utility from removing, disconnecting or otherwise rendering inoperative any of the grantee's apparatus or equipment attached or in any way connected to such public utility's facilities, if done for reasonable cause.

Liability of the grantee in libel action. The grantee or its agents shall not, in an action for slander or publishing a libel, be held liable in damages for or on account of any defamatory matter uttered, telecast, cablecast or published over the facilities of the grantee by any person whose utterance, telecast, cablecast or publication is not, under the provisions of any law of the United States or any regulation, ruling or order of the FCC, subject to censorship control by the grantee.

§ 174-13 Records; revocation or transfer of franchise.

Books and records of the grantee.

The grantee shall file with the Village Clerk accurate copies of maps and/or plats of the locations and character of all existing and proposed installations over, upon or under the streets. These maps and plats shall conform to the requirements of the Village Engineer and be kept continuously up-to-date.

The grantee shall continually keep on file with the Village Board a current list of its shareholders holding 5% or more of the outstanding stock and officers with their current addresses. These lists shall also be included in the annual report of the grantee required in § 174-6.

All books and records of the grantee concerning its operations within the Village, including but not limited to all income tax returns and financial records of the grantee, shall be made available for inspection and audit by the Village Board or its designee within 30 days after written request for such inspection or audit shall be made.

The grantee shall keep and maintain all records required by the FCC. Copies of such records and all other rules and regulations, terms and conditions established by the grantee for the conduct of its business shall be filed at the local office of the grantee.

Copies of all petitions, applications and communications submitted by the grantee to the FCC, Securities and Exchange Commission or any other federal or state regulatory commission or agency having jurisdiction in respect to any matter affecting cable operation shall also be at the local office of the grantee.

The grantee shall keep and maintain a complete record of those subscriber complaints and requests for service which it has received, the time of such receipt and the time at which it responded to the subscriber complaints and requests for service. Upon request of the Board, copies of such complaints which were received in the ninety-day period preceding the Board's request shall be submitted to the Village Board. The grantee shall also keep a copy of such records at its local office.

[Amended 4-30-1990]

(7)

The grantee shall keep and maintain a complete record of all persons or groups requesting time on its access channels. Such record shall be made available for public inspection, and a copy of such record shall be submitted to the Village Board.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(8)

All records required by this section shall be kept on file by the grantee for the duration of the franchise.

Revocation of this franchise.

In addition to all other rights and powers pertaining to the Village by virtue of this chapter or otherwise, the Village reserves the right to revoke, terminate and cancel the franchise, and all rights and privileges of the grantee hereunder, if:

The grantee violates any material provision of this chapter, the grantee's proposal or any rule, order or determination of the Village made pursuant to this chapter, except where such violation other than Subsection B(1)(b) below is without fault or through excusable neglect.

The grantee becomes insolvent or unable or unwilling to pay its debts or is adjudged a bankrupt.

(c)

A receiver or trustee has at least 120 days beforehand been appointed to take over and conduct the business of the grantee, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of 120 days or unless:

Within 120 days after his election or appointment, such receiver or trustee shall have fully complied with all the provisions of this chapter and remedied all defaults thereunder.

Such receiver or trustee, within 120 days, shall have executed an agreement approved by the court having jurisdiction in the premises whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this chapter.

(d)

There has been a change in the ownership of more than 5% of the voting stock of the grantee, requiring the consent of the Village Board, and such consent has been denied or not given.

(e)

The grantee attempts to evade any of the material provisions of this chapter or practices any fraud or deceit upon the Village.

(f)

The grantee fails to have service available to all of the residential structures in all areas of the Village.

(g)

The grantee intentionally violates or permits the violation of Subsection A(3) of this section.

Such revocation, termination and cancellation shall occur only after a public hearing has been conducted by the Village Board. If, as a result of the public hearing, the Village Board approves and recommends revocation, termination and cancellation, the Village Board may put such revocation, termination and cancellation into effect by ordinance adopted after 30 days' notice to the grantee. Such revocation, termination and cancellation shall in no way affect any of the Village's rights under this chapter or any provision of law. If such revocation, termination and cancellation depends upon a finding of fact, such finding of fact as made by the Village Board shall be conclusive; provided, however, that before the franchise may be revoked, terminated and cancelled under this section, the grantee shall be provided with an opportunity to be heard before the Village Board.

If the Village revokes, terminates and cancels this permit, pursuant to appropriate provisions of this chapter, the Village shall have the right to purchase the grantee's cable plant located within the Village boundaries. Such cable plant shall be only the cable plant located within the Village boundaries that is used to distribute the cable signal to the residents of the Village only.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Whenever this franchise shall set forth time for any act to be performed by or on behalf of the grantee, such time shall be deemed of the essence and any failure of the grantee to perform within time allotted shall be sufficient grounds for the Village to revoke this franchise.

If grounds for the revocation of this franchise exist, the Village Board may pass a resolution imposing any penalty or sanction, not amounting to revocation, upon the grantee, provided that such penalty or sanction not amounting to revocation is agreed upon by both the grantee and the Village Board. If no agreement is reached between the grantee and the Village Board, the Village Board shall decide whether or not to revoke the grantee's franchise.

Restrictions against assignment.

This franchise shall not be assigned or transferred, either in whole or part, or leased, sublet or mortgaged in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein pass to or vest in any person, either by the act of the grantee or by operation of law, without the express consent of the Village Board. The granting, giving or waiving of any one or more of such consents shall not render unnecessary any subsequent consent or consents.

The grantee shall promptly notify the Village Board of any actual or proposed change in, transfer of or acquisition by any other party of control of the grantee. Within 60 days after receiving notice, the Village Board shall hold a public hearing on this matter and within 90 days shall make its decision. For the purpose of determining whether it will consent to such change, transfer or acquisition of control, the Village Board may inquire into the qualifications of the prospective controlling party, and the grantee shall assist the Village Board in any such inquiry.

Every change, transfer or acquisition of control of the grantee with respect to which the consent of the Village Board is required pursuant to Subsection C(1) above shall make the franchise subject to revocation until the Village Board gives its consent, and until such change, transfer or acquisition of control has been effected, the Village may revoke the permit unless control of the grantee is restored to its status prior to the change or to a status acceptable to the Village Board.[3]

[3]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Upon the foreclosure or other judicial sale of all or a substantial part of the grantee's cable system or upon the termination of any lease covering all or a substantial part of the system, the grantee shall notify the Village Board of such fact, and such notification shall be treated as a notification that a change in control of the grantee has taken place and the provisions of Subsection C(1), (2) and (3) above shall apply.

The consent or approval of the Village Board to any assignment, lease, transfer, sublease or mortgage of this franchise shall not constitute a waiver or release of the rights of the Village in and to the streets.

Nothing in this section shall be deemed to prohibit a mortgage or pledge of the cable system equipment or any part thereof or a leasing by the grantee from another person of the cable system equipment or part thereof for financing purposes or otherwise; any such mortgage, pledge or lease shall be subject and subordinate to the rights of the Village under this contract or applicable law.

§ 174-14 Compliance with other laws; interpretation.

Compliance with local, state and federal law.

The grantee shall construct, operate and maintain the CATV system subject to the supervision of all of the authorities of the Village who have jurisdiction in such matters and in strict compliance with all laws, ordinances and rules and regulations.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

If at any time the powers of the Village Board or any agency or official of the Village are transferred by law to any other board, authority, agency or official, this board, authority, agency or official shall have the power, rights and duties previously vested under this chapter or by law in the Village Board or any agency or official of the Village.