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13-1-1: Adoption Of Cable And Video Customer Protection Law
13-1-5: Customer Credits
13-1-6: Effective Date
The regulations of the cable and video customer protection law1 are hereby adopted by reference and made applicable to the cable or video providers offering services within the village's boundaries. (Ord. 2008-5, 1-15-2008)
Any amendment to the cable and video customer protection law that becomes effective after the effective date of this chapter shall be incorporated into this chapter by reference and shall be applicable to cable or video providers offering services within the municipality's boundaries. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this chapter by reference without formal action by the corporate authorities of the village. (Ord. 2008-5, 1-15-2008)
The village does hereby pursuant to law declare its intent to enforce all of the customer service and privacy protection standards of the cable and video protection law with respect to complaints received from residents within the village. (Ord. 2008-5, 1-15-2008)
The village, pursuant to 220 Illinois Compiled Statutes 5/70-501(r)(1), does hereby provide for a schedule of penalties for any material breach of the cable and video protection law by cable or video providers in addition to the penalties provided in the law. The monetary penalties shall apply on a competitively neutral basis and shall not exceed seven hundred fifty dollars ($750.00) for each day of the material breach, and shall not exceed twenty five thousand dollars ($25,000.00) for each occurrence of a material breach per customer.
A. "Material breach" means any substantial failure of a cable or video provider to comply with service quality and other standards specified in any provision of the law.
B. The village shall give the cable or video provider written notice of any alleged material breaches of the law and allow such provider at least thirty (30) days from the receipt of the notice to remedy the specified material breach.
C. A material breach, for the purposes of assuming penalties, shall be deemed to occur for each day that a material breach has not been remedied by the cable or video service provider after the notice in subsection B of this section. (Ord. 2008-5, 1-15-2008)
The village hereby adopts the schedule of customer credits for violations. Those credits shall be as provided for in the provisions of 220 Illinois Compiled Statutes 5/70-501(s) and applied on the statement issued to the customer for the next billing cycle following the violation or following the discovery of the violation. The cable or video provider is responsible for providing the credits and the customer is under no obligation to request the credit. (Ord. 2008-5, 1-15-2008)
This chapter shall be in full force and effect from and after its passage and approval and publication as required by law. (Ord. 2008-5, 1-15-2008)