CHAPTER 17: TELECOMMUNICATIONS
      Article
         1.   GENERAL
         2.   REGISTRATION OF TELECOMMUNICATIONS CARRIERS AND PROVIDERS
         3.   (RESERVED)
         4.   (RESERVED)
         5.   CABLE/VIDEO SERVICE AND PEG ACCESS SUPPORT FEES
         6.   (RESERVED)
         7.   (RESERVED)
         8.   RESERVED
         9.   CABLE AND VIDEO CUSTOMER PROTECTION LAW
ARTICLE 1:  GENERAL
Section
   17-1-1   (Reserved)
   17-1-2   Definitions
   17-1-3   (Reserved)
   17-1-4   (Reserved)
   17-1-5   (Reserved)
   17-1-6   Cable television franchise
   17-1-7   Application to existing franchise ordinances and agreements
   17-1-8   Penalties
   17-1-9   Other remedies
Cross-reference:
   Municipal Telecommunications Tax, see Ch. 5, Art. 4.1
§ 17-1-1  (RESERVED)
§ 17-1-2  DEFINITIONS.
   For the purpose of this chapter, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
   AFFILIATE. A person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.
   ANNUAL GROSS REVENUE. [Reserved.]
   CABLE ACT. The Cable Communications Policy Act of 1984, 47 U.S.C. §§ 532 et seq., as now and hereafter amended.
   CABLE OPERATOR. A telecommunications carrier providing or offering to provide “cable service” within the village as that term is defined in the Cable Act.
   CABLE SERVICE. Has the same meaning defined in 47 U.S.C. § 522(6).
   COMMISSION. The Illinois Commerce Commission or ICC.
   CORPORATE AUTHORITIES. The Village President and Village Board.
   EXCESS CAPACITY. The volume or capacity in any existing or future duct, conduit, manhole, handhole or other utility facility within the public way that is or will be available for use for additional telecommunications facilities.
   FCC or FEDERAL COMMUNICATIONS COMMISSION. The federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
   GROSS REVENUES. All consideration of any kind or nature, including, without limitation, cash, credits, property and in-kind contributions received by the holder for the operation of a cable or video system to provide cable service or video service within the holder’s cable service or video service area within the village.
      (1)   GROSS REVENUES shall include the following:
         (a)   Recurring charges for cable or video service;
         (b)   Event-based charges for cable service or video service, including, but not limited to, pay-per-view and video-on-demand charges;
         (c)   Rental of set top boxes and other cable service or video service equipment;
         (d)   Service charges related to the provision of cable service or video service, including, but not limited to, activation, installation and repair charges;
         (e)   Administrative charges related to the provision of cable service or video service, including, but not limited to, service order and service termination charges;
         (f)   Late payment fees or charges, insufficient funds check charges and other charges assessed to recover the costs of collecting delinquent payments;
         (g)   A pro rata portion of all revenue derived by the holder or its affiliates pursuant to compensation arrangements for advertising or for promotion or exhibition of any products or services derived from the operation of the holder’s network to provide cable service or video service within the village. The allocation shall be based on the number of subscribers in the village divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement;
         (h)   Compensation received by the holder that is derived from the operation of the holder’s network to provide cable service or video service with respect to commissions that are received by the holder as compensation for promotion or exhibition of any products or services on the holder’s network, such as a “home shopping” or similar channel, subject to division (1)(i) of this definition;
         (i)   In the case of a cable service or video service that is bundled or integrated functionally with other services, capabilities or applications, the portion of the holder’s revenue attributable to the other services, capabilities or applications shall be included in the gross revenue unless the holder can reasonably identify the division or exclusion of the revenue from its books and records that are kept in the regular course of business; and
         (j)   The service provider fee permitted by 220 ILCS 5/21-801(b).
      (2)   GROSS REVENUES do not include any of the following:
         (a)   Revenues not actually received, even if billed, such as bad debt, subject to 220 ILCS 5/21-801(c)(1)(vi);
         (b)   Refunds, discounts or other price adjustments that reduce the amount of gross revenues received by the holder of the state-issued authorization to the extent the refund, rebate, credit or discount is attributable to cable service or video service;
         (c)   Regardless of whether the services are bundled, packaged or functionally integrated with cable service or video service, any revenues received from services not classified as cable service or video service, including, without limitation, revenue received from telecommunication services, information services or the provision of directory or Internet advertising, including yellow pages, white pages, banner advertisement and electronic publishing or any other revenues attributed by the holder to non-cable service or non-video service in accordance with the holder’s books and records and records kept in the regular course of business and any applicable laws, rules, regulations, standards or orders;
         (d)   The sale of cable services or video services for resale in which the purchaser is required to collect the service provider fee from the purchaser’s subscribers to the extent the purchaser certifies in writing that it will resell the service within the village and pay the fee permitted by 220 ILCS 5/21-801(b), with respect to the service;
         (e)   Any tax or fee of general applicability imposed upon the subscribers or the transaction by a city, state, federal or any other governmental entity and collected by the holder of the state-issued authorization and required to be remitted to the taxing entity, including sales and use taxes;
         (f)   Security deposits collected from subscribers; and
         (g)   Amounts paid by subscribers to “home shopping” or similar vendors for merchandise sold through any home shopping channel offered as part of the cable service or video service.
      (3)   Revenue of an affiliate of a holder shall be included in the calculation of gross revenues to the extent the treatment of the revenue as revenue of the affiliate rather than the holder has the effect of evading the payment of the fee permitted by 220 ILCS 5/21-801(b), which would otherwise be paid by the cable service or video service.
   HOLDER. A person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to 220 ILCS 5/21-401.
   ICC or ILLINOIS COMMERCE COMMISSION. The state administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers in the State of Illinois.
   INCUMBENT CABLE OPERATOR. A person or entity that provided cable services or video services in the village under a franchise agreement with the village pursuant to 65 ILCS 5/11-42-11, 1-1-2007.
   OTHER WAYS. The highways, streets, alleys, utility easements or other rights-of-way within the village, but under the jurisdiction and control of a governmental entity other than the village.
   OVERHEAD FACILITIES. Utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
   PEG. Public, education and governmental.
   PEG ACCESS SUPPORT FEE. The amount paid under this chapter and 220 ILCS 5/21-801(d), by the holder to the village for the service areas within its territorial jurisdiction.
   PERSONS. Includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers.
   PUBLIC STREET. Any highway, street, alley or other public right-of-way for motor vehicle travel under the jurisdiction and control of the village which has been acquired, established, dedicated or devoted to highway purposes not inconsistent with telecommunications facilities.
   PUBLIC WAY. Includes all public streets and utility easements, as those terms are defined herein, now or hereafter owned by the village, but only to the extent of the village’s right, chapter, interest or authority to grant a license or franchise to occupy and use such streets and easements for telecommunications facilities.
   SERVICE. The provision of cable service or video service to subscribers and the interaction of subscribers with the person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to 220 ILCS 5/21-401.
   SERVICE PROVIDER FEE. The amount paid under this chapter and 220 ILCS 5/21-801, by the holder to a village for the service areas within its territorial jurisdiction.
   STATE. The State of Illinois.
   SURPLUS SPACE. The portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the Illinois Commerce Commission, to allow its use by a telecommunications carrier for a pole attachment.
   TELECOMMUNICATIONS CARRIER. Includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the village, used or to be used for the purpose of offering telecommunications service.
   TELECOMMUNICATIONS FACILITIES. The plant, equipment and property, including, but not limited to, cables, wires, conduits, ducts, pedestals, antennas, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services.
   TELECOMMUNICATIONS PROVIDER. Includes every person who provides tele-communications service over telecommunications facilities without any ownership or management control of the facilities.
   TELECOMMUNICATION SERVICE. The providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium.
   TELECOMMUNICATIONS SYSTEM. See TELECOMMUNICATIONS FACILITIES.
   UNDERGROUND FACILITIES. Utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
   USABLE SPACE. The total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the Illinois Commerce Commission.
   UTILITY EASEMENT. Any easement owned by the village and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities.
   UTILITY FACILITIES. The plant, equipment and property, including, but not limited to, the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the public ways of the village and used or to be used for the purpose of providing utility or telecommunications services.
   VIDEO SERVICE. Video programming and subscriber interaction, if any, that is required for the selection or use of such video programming services, and which is provided through wireline facilities located at least in part in the public right-of-way without regard to delivery technology, including Internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider defined in 47 U.S.C. § 332(d) or any video programming provided solely as part of, and via, service that enables users to access content, information, electronic mail or other services offered over the public Internet.
   VILLAGE. The Village of Carol Stream.
   VILLAGE PROPERTY. Includes all real property owned by the village, other than public streets and utility easements as those terms are defined herein, and all property held in a proprietary capacity by the village, which are not subject to right-of-way licensing and franchising as provided in this chapter.
(Ord. passed - - ; Ord. 2007-10-39, passed 10-15-2007)
§ 17-1-3  (RESERVED)
§ 17-1-4  (RESERVED)
§ 17-1-5  (RESERVED)
§ 17-1-6  CABLE TELEVISION FRANCHISE.
   A person or entity, including a telecommunications carrier, seeking to provide cable service or video service pursuant to this chapter shall not use the public rights-of-way for the installation or construction of facilities for the provision of cable service or video service or offer cable service or video service until it has obtained either: a state-issued authorization to offer or provide cable or video service under § 401 of the Cable and Video Competition Law of 2007 (220 ILCS 5/21-100 et seq.); or a cable franchise from the village under 65 ILCS 5/11-42-11.
(Ord. passed - - ; Ord. 2007-10-39, passed 10-15-2007)
§ 17-1-7  APPLICATION TO EXISTING FRANCHISE ORDINANCES AND AGREEMENTS.
   This chapter shall have no effect on any existing franchise ordinance or franchise agreement until:
   (A)   The expiration of said franchise ordinance or agreement; and
   (B)   An amendment to an unexpired franchise ordinance or franchise agreement, unless both parties agree to defer full compliance to a specific date not later than the present expiration date.
(Ord. passed - -)
§ 17-1-8  PENALTIES.
   Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this chapter shall be fined not less than $100, nor more than $750, for each offense. A separate and distinct offense shall be deemed committed each day on which a violation occurs or continues.
(Ord. passed - - ; Ord. 96-04-28, passed 4-15-1996)
§ 17-1-9  OTHER REMEDIES.
   Nothing in this chapter shall be construed as limiting any judicial remedies that the village may have, at law or in equity, for enforcement of this chapter.
(Ord. passed - -)
ARTICLE 2:  REGISTRATION OF TELECOMMUNICATIONS CARRIERS AND PROVIDERS
Section
   17-2-1   Registration required
   17-2-2   Registration fee
   17-2-3   Purpose of registration
§ 17-2-1  REGISTRATION REQUIRED.
   All telecommunications carriers and providers that offer or provide any telecommunications service for a fee directly to the public, either within the village, or outside the corporate limits from tele-communications facilities within the village, shall register with the village pursuant to this article on forms to be provided by the Village Clerk, which shall include the following:
   (A)   The identity and legal status of the registrants including any affiliates;
   (B)   The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement;
   (C)   A description of registrant’s existing or proposed telecommunications facilities within the village;
   (D)   A description of the telecommunications service that the registrant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions within the village;
   (E)   Information sufficient to determine whether the registrant is subject to public way licensing or franchising under this chapter;
   (F)   Information sufficient to determine whether the transmission, origination or receipt of the tele-communications services provided or to be provided by the registrant constitutes an occupation or privilege subject to any municipal telecommunications tax, utility message tax or other occupation tax imposed by the village;
   (G)   Information sufficient to determine that the applicant has applied for and received any certificate of authority required by the Illinois Commerce Commission to provide telecommunications services or facilities within the village;
   (H)   Information sufficient to determine that the applicant has applied for and received any construction permit, operating license or other approvals required by the Federal Communications Commission to provide telecommunications services or facilities within the village; and
   (I)   Such other information as the Village Clerk may reasonably require.
(Ord. passed - -)
§ 17-2-2  REGISTRATION FEE.
   Each application for registration as a tele-communications carrier or provider shall be accompanied by a fee of $25.
(Ord. passed - -)
§ 17-2-3  PURPOSE OF REGISTRATION.
   The purpose of registration under this article is to:
   (A)   Provide the village with accurate and current information concerning the telecommunications carriers and providers who offer or provide telecommunications services within the village, or that own or operate telecommunication facilities within the village;
   (B)   Assist the village in enforcement of this chapter;
   (C)   Assist the village in the collection and enforcement of any municipal taxes, franchise fees, license fees or charges that may be due the village; and
   (D)   Assist the village in monitoring compliance with local, state and federal laws.
(Ord. passed - -)
ARTICLE 3:  (RESERVED)
ARTICLE 4:  (RESERVED)
ARTICLE 5:  CABLE/VIDEO SERVICE AND PEG ACCESS SUPPORT FEES
Section
   17-5-1   Cable/video service provider fee imposed
   17-5-2   PEG access carriage requirements; PEG access support fee imposed
   17-5-3   Applicable principles
   17-5-4   No impact on other taxes due from holder
   17-5-5   Audits of cable/video service provider
   17-5-6   Late fees/payments
§ 17-5-1  CABLE/VIDEO SERVICE PROVIDER FEE IMPOSED.
   (A)   Fee imposed. A service provider fee is hereby imposed on any holder providing cable service or video service in the village.
   (B)   Amount of fee. The amount of the service provider fee imposed hereby shall be 5% of the holder’s gross revenues.
   (C)   Notice to the village. Unless the holder has earlier sent notice to the village pursuant to 220 ILCS 5/21-801(a), the holder shall notify the village at least ten days prior to the date on which the holder begins to offer cable service or video service in the village.
   (D)   Holder’s liability. The holder shall be liable for and pay the service provider fee to the village. The holder’s liability for the fee shall commence on the first day of the calendar month following 30 days after receipt of the ordinance adopting this chapter by the holder. The ordinance adopting this chapter shall be sent by mail, postage prepaid, to the address listed on the holder’s application notice sent pursuant to 220 ILCS 5/21-401(b)(6), to the village. Together with this chapter, the village shall send the holder instructions for remitting the payment and statement required hereby.
   (E)   Payment date. The payment of the service provider fee shall be due on a quarterly basis, 45 days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee.
   (F)   Exemption. The fee hereby imposed does not apply to cable service or video service providers that have an existing franchise agreement with the village, under 65 ILCS 5/11-42-11, in which a fee is paid.
   (G)   Credit for other payments. An incumbent cable operator that elects to terminate an existing agreement pursuant to 220 ILCS 5/21-301(c), with credit for prepaid franchise fees under that agreement may deduct the amount of such credit from the fees that operator owes under division (B) of this section.
(Ord. 2007-10-39, passed 10-15-2007)
§ 17-5-2  PEG ACCESS CARRIAGE REQUIREMENTS; PEG ACCESS SUPPORT FEE IMPOSED.
   (A)   PEG channels; number; carriage. On the date set forth in this chapter, but not earlier than 90 days after the holder sends notice to the village under 220 ILCS 5/21-801(a), the holder shall designate the same amount of capacity on its network to provide for public, education and government access use, as the incumbent cable operator is required to designate under its franchise terms in effect on 1-1-2007; and retransmit to its subscribers the same number of public, education, and government access channels as the incumbent cable operator was retransmitting to subscribers on 1-1-2007.
   (B)   PEG fee imposed. A PEG access support fee is hereby imposed on any holder providing cable service or video service in the village in addition to the fee imposed pursuant to § 17-5-1(B).
   (C)   Amount of fee. The amount of the PEG access support fee imposed hereby shall be $0.35 per customer per month.
   (D)   Payment. The holder shall pay the PEG access support fee to the village or to the entity designated by the village to manage PEG access. The holder’s liability for the PEG access support fee shall commence on the date set forth in § 17-5-1(D).
   (E)   Payment due. The payment of the PEG access support fee shall be due on a quarterly basis, 45 days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee.
   (F)   Credit for other payments. An incumbent cable operator that elects to terminate an existing agreement pursuant to 220 ILCS 5/21-301(c), shall pay, at the time they would have been due, all monetary payments for PEG access that would have been due during the remaining term of the agreement had it not been terminated pursuant to that section. All payments made by an incumbent cable operator pursuant to the previous sentence may be credited against the fees that that operator owes under division (C) of this section.
(Ord. 2007-10-39, passed 10-15-2007; Am. Ord. 2017-03-10, passed 3-20-2017)
§ 17-5-3  APPLICABLE PRINCIPLES.
   All determinations and calculations under this chapter shall be made pursuant to generally accepted accounting principles.
(Ord. 2007-10-39, passed 10-15-2007)
§ 17-5-4  NO IMPACT ON OTHER TAXES DUE FROM HOLDER.
   Nothing contained in this chapter shall be construed to exempt a holder from any tax that is or may later be imposed by the village, including any tax that is or may later be required to be paid by or through the holder with respect to cable service or video service. A state-issued authorization shall not affect any requirement of the holder with respect to payment of the village’s simplified municipal telecommunications tax or any other tax as it applies to any telephone service provided by the holder. A state-issued authorization shall not affect any requirement of the holder with respect to payment of the village’s 911 or E911 fees, taxes or charges.
(Ord. 2007-10-39, passed 10-15-2007)
§ 17-5-5  AUDITS OF CABLE/VIDEO SERVICE PROVIDER.
   (A)   Audit requirement. The village will notify the holder of the requirements it imposes on other cable service or video service providers to submit to an audit of its books and records. The holder shall comply with the same requirements the village imposes on other cable service or video service providers in its jurisdiction to audit the holder’s books and records and to recompute any amounts determined to be payable under the requirements of the village. If all local franchises between the village and cable operator terminate, the audit requirements shall be those adopted by the village pursuant to the Local Government Taxpayers’ Bill of Rights Act, 50 ILCS 45/1 et seq. No acceptance of amounts remitted should be construed as an accord that the amounts are correct.
   (B)   Additional payments. Any additional amount due after an audit shall be paid within 30 days after the village’s submission of an invoice for the sum.
(Ord. 2007-10-39, passed 10-15-2007)
§ 17-5-6  LATE FEES/PAYMENTS.
   All fees due and payments which are past due shall be governed by ordinances adopted by this village pursuant to the Local Government Taxpayers’ Bill of Rights Act, 50 ILCS 45/1 et seq.
(Ord. 2007-10-39, passed 10-15-2007)
ARTICLE 6:  (RESERVED)
ARTICLE 7:  (RESERVED)
ARTICLE 8:  RESERVED
ARTICLE 9:  CABLE AND VIDEO CUSTOMER PROTECTION LAW
Section
   17-9-1   Adoption and amendments
   17-9-2   Enforcement
   17-9-3   Penalties
   17-9-4   Customer credits
§ 17-9-1  ADOPTION AND AMENDMENTS.
   (A)   Adoption. The regulations of 220 ILCS 5/22-501 et seq., are hereby adopted by reference and made applicable to the cable or video providers offering services within the village’s boundaries.
   (B)   Amendments. Any mandatory 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. 2007-10-38, passed 10-15-2007)
§ 17-9-2  ENFORCEMENT.
   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.
(Ord. 2007-10-38, passed 10-15-2007)
§ 17-9-3  PENALTIES.
   (A)   The village, pursuant to 220 ILCS 5/22-501 et seq., does hereby declare that for any material breach of the standards and requirements of the Cable and Video Customer Protection Law, as incorporated by reference in this article, a cable or video provider shall be subject to monetary penalties which shall not exceed $750 for each day of the material breach, and shall not exceed $25,000 for each occurrence of a material breach per customer. Such penalties shall be in addition to the penalties provided in the law and shall not represent the village’s exclusive remedy for any material breach. All monetary penalties shall apply on a competitively neutral basis.
   (B)   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.
   (C)   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 30 days from the receipt of the notice to remedy the specified material breach.
   (D)   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 division (C) above.
   (E)   The Board of Trustees hereby delegates authority to levy penalties to the Village Administrator.
   (F)   The decision of the Village Administrator to levy penalties may be appealed to the Board of Trustees, which shall conduct a hearing on the alleged material breach and penalties levied therefore within 21 days following receipt of the cable or video providers request for an appeal.
(Ord. 2007-10-38, passed 10-15-2007)
§ 17-9-4  CUSTOMER CREDITS.
   The village hereby adopts and incorporates by reference the schedule of customer credits for violations of the law provided for in the provisions of 220 ILCS 22-501 et seq. Those credits shall be 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 proactively providing the credits and the customer is under no obligation to request the credit.
(Ord. 2007-10-38, passed 10-15-2007)