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)