Article I. Short Title and Purpose
4-280-010 Short title.
4-280-020 Purposes.
Article II. Definitions
4-280-030 Definitions.
Article III. Grant of Authority
4-280-040 Franchise – Required.
4-280-050 Franchise – Initial applications.
Article IV. Franchise Conditions
4-280-060 Term and nonexclusivity.
4-280-070 Notice to grantee.
4-280-080 Review and modification.
4-280-090 Performance evaluation sessions.
4-280-100 Renewal.
4-280-110 Revocation conditions and procedures.
4-280-120 Arbitrary and capricious action – Remedies.
4-280-130 Franchise fee and other compensation.
4-280-140 Insurance – Bonds – Indemnity.
4-280-150 Letter of credit.
4-280-160 Remedies cumulative
4-280-170 Transfer of franchise.
Article V. Subscriber and User Fees and Records
4-280-180 Subscriber and user fees.
4-280-190 Books and records.
Article VI. System Operations
4-280-200 Franchise areas.
4-280-210 Primary service area.
4-280-220 Extension of service.
4-280-230 System description and service.
4-280-240 Operational requirements and records.
4-280-250 Tests and performance monitoring.
4-280-260 Service disruption.
4-280-270 Poles, conduits and other transmission facilities.
4-280-280 Construction schedule and reports.
4-280-290 Protection of privacy.
4-280-300 Areawide interconnection of cable systems.
Article VII. Chicago Access Corporation
4-280-310 Purpose.
4-280-320 Control of channels.
4-280-330 Funding.
4-280-340 Incorporation.
4-280-350 Directors.
4-280-360 Powers.
4-280-370 Restrictions.
Article VIII. Cable Administrator
4-280-380 Cable administrator.
Article IX. General Provisions
4-280-390 Limits on grantee's recourse.
4-280-400 Compliance with state and federal law.
4-280-410 Special license.
4-280-420 Franchise validity.
4-280-430 Failure to enforce.
4-280-440 Rights reserved to grantor.
4-280-450 Equal opportunity employment.
4-280-460 Timely performance by grantee.
4-280-470 Acceptance by written instrument.
4-280-480 Multiple-unit dwellings – Resale of services prohibited.
4-280-490 Violation – Penalty.
4-280-500 Promulgation of rules by grantee.
4-280-510 Delegation of powers.
4-280-520 Reserved.
Article X. Penalties and Credits Imposed for Material Breach of Customer Service and Privacy Protection Standards of the Cable and Video Customer Protection Law
4-280-530 Applicability.
4-280-540 Definitions.
4-280-550 Schedule of penalties.
4-280-560 Schedule of credits.
4-280-570 Reserved.
Article XI. Collection of Fees from Holders of State-Issued Authorizations to Provide Cable Services and Video Services
4-280-580 Definitions.
4-280-590 Payment of service provider fee.
4-280-600 Payment of fee to support public, education and government access.
4-280-610 Payment of applicable permit fees.
4-280-620 Application of Uniform Revenue Procedures Ordinance.
4-280-630 Reserved.
4-280-640 Reserved.
4-280-650 Reserved.
4-280-660 Reserved.
4-280-670 Reserved.
4-280-680 Reserved.
4-280-690 Reserved.
4-280-700 Reserved.
4-280-710 Reserved.
4-280-720 Reserved.
4-280-730 Reserved.
4-280-740 Reserved.
4-280-750 Reserved.
4-280-760 Reserved.
4-280-770 Reserved.
4-280-780 Reserved.
4-280-790 Reserved.
4-280-800 Reserved.
4-280-810 Reserved.
4-280-820 Reserved.
Appendix A to Chapter 4-280
ARTICLE I. SHORT TITLE AND PURPOSE (4-280-010 et seq.)
The purpose of this chapter is to:
A. Provide for the franchising and regulation of cable systems within the City of Chicago; and
B. Provide for the payment of fees and other valuable consideration to the city for the use of city ways in the construction and operation of cable systems, and to compensate the city for other costs and activities associated therewith; and
C. Encourage the provision of advanced and competitive cable services on the widest possible basis to the businesses, institutions, and residents of the city; and
D. Provide for the development of cable systems as a means to improve communication between and among the citizens and public institutions of the city and as a vehicle for the participation of all segments of the city, including minorities and women, the economic opportunities created thereby, including ownership; and
E. Provide remedies and prescribe penalties for violation of this chapter and the franchise(s) granted hereunder.
(Prior code § 113.1-2; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)
ARTICLE II. DEFINITIONS (4-280-030 et seq.)
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein, unless the context clearly indicates that another meaning is intended. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. If specific provisions of law referred to herein are subsequently renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, ordinances, or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances, and regulations now in force or hereinafter enacted or amended.
A. "Basic service" means any service tier which includes the lawful retransmission of local television broadcast signals and any public, education, local government and leased access channels.
B. "Cable administrator" shall be defined as specified in section 4-280-380.
C. "Cable service" shall mean (a) the one-way transmission to subscribers of (i) video programming or (ii) other programming service, and (b) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. For the purposes of this definition, "video programming is programming provided by, or generally considered comparable to programming provided by a television broadcast station; and "other programming service" is information that a cable operator makes available to all subscribers generally.
D. "Cable system means (i) a cable system, as defined in Title VI of the Federal Communications Act of 1934, 47 U.S.C. § 522(7) as amended, and any implementing regulations.
E. "Channel" is a band of frequencies, six megahertz wide in the electromagnetic spectrum capable of carrying either one audio-visual television signal and a few nonvideo signals or a large number of nonvideo signals.
F. "City" means the City of Chicago.
G. "Converter" means an electronic device which converts signals to a frequency susceptible to interference within the television receiver of a subscriber, and by an appropriate channel selector also permits a subscriber to view all signals delivered at designated dial locations.
H. "Council" means the city council of the City of Chicago.
I. "Federal Communications Commission" or "FCC" means the present federal agency of that name as constituted by the Communications Act of 1934, or any successor agency created by the United States Congress.
J. "Franchise" means the nonexclusive rights granted pursuant to this chapter to construct and operate a cable system along the public ways in the city, within specified areas in the city, and is not intended to include any license or permit required for the privilege of constructing, transacting and carrying on a business within the city as may be required by other ordinances and laws of the city.
K. "Franchise area" means that geographic portion of the city for which a franchise is granted under the authority of this chapter. If not otherwise stated in the franchise, the franchise area shall be the corporate limits of the city including a territory thereafter annexed to the city.
L. "Grantee" means the "person" granted a franchise pursuant to this chapter and its lawful and approved successor, transferee or assignee.
M. "Gross revenues" means any and all revenue derived directly or indirectly from the operation or use of all or part of a cable system franchised pursuant to this chapter by the grantee, its affiliates, subsidiaries, parents and any person in which the grantee has a financial interest to provide cable services within the city. Gross revenues include, by way of illustration and not limitation, monthly fees charged subscribers for cable services, any expanded tiers of cable service, optional premium or digital services; video on demand services; pay-per-view services; other optional pay services, installation, disconnection, reconnection and change-in-service fees, leased access channel fees, late fees and administrative fees, payments or other consideration received by grantee from programmers for carriage of programming on the cable system; revenues from rentals or sales of converters or other cable system equipment; advertising sales; revenues from program guides and electronic guides, additional outlet fees, franchise fees required under any franchise granted pursuant to this chapter, revenue from all interactive services to the extent they are considered cable services under applicable law; and revenues from home shopping and other revenue-sharing arrangements. Gross revenues shall not include : 1) any taxes on services furnished by a grantee herein imposed directly upon any subscriber or user by the state, local or other governmental unit and collected by a grantee on behalf of said governmental unit, provided that for purpose of this definition, franchise fee is not such a tax; 2) bad debt, provided, however, that all or part of any such bad debt that is written off but subsequently collected shall be included in gross revenues in the period collected.
N. "Mayor" means the mayor of the City of Chicago.
O. "Person" means an individual, firm, corporation, cooperative, association, trust, partnership, joint venture, combination or other legally recognized entity.
P. "Primary service area" or "PSA" means that portion of the franchise area within which a grantee shall:
(1) Provide service to subscribers at its standard charges for connection and service; and
(2) Complete construction and offer and be capable of delivering cable service to subscribers, in full accordance within this chapter and the franchise granted hereunder, within the timetable specified in the franchise.
Q. "Public way" means the surface, the air space above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkways, waterways or other public right-of-way including public utility easements or rights-of-way and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the city which shall entitle the city and a grantee to the use thereof for the purpose of installing and maintaining a grantee's cable system.
R. "Schools" means all public and private tax- exempt educational institutions, including elementary and secondary schools, junior colleges, colleges and universities.
S. "Subscriber" means any person lawfully who receives residential cable service provided by a grantee's cable system and does not further distribute such service(s).
T. "User" means a person or organization utilizing a system channel or system equipment and facilities for purposes of production and/or transmission of material, as contrasted with receipt thereof in a subscriber capacity.
(Prior code § 113.1-3; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 5-2-01, p. 56849, § 1; Amend Coun. J. 4-24-12, p. 23998, § 1)
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