4-280-250 Tests and performance monitoring.

   A.   Not later than 90 days after any new or substantially rebuilt portion of the system is made available for service to subscribers, technical performance tests shall be conducted by a grantee to demonstrate full compliance with the Technical Standards of the Federal Communications Commission and Section 4-280-240 of this chapter. Such tests shall be performed by, or under the supervision of, a qualified registered professional engineer or an engineer with proper training and experience. A copy of the report shall be submitted to the cable administrator, describing test results, instrumentation, calibration and test procedures and the qualifications of the engineer responsible for the tests.

   B.   System monitor test points shall be established at or near the output of the last amplifier in the longest feeder line, at or near trunk line extremities, or at the locations to be specified by the cable administrator. Such periodic tests shall be made at the test points as shall be described by the cable administrator.

   C.   At any time after commencement of service to subscribers, the cable administrator may require additional reasonable tests, including full or partial repeat tests, different test procedures, or tests involving a specific subscriber's terminal, at a grantee's expense to the extent such tests may be performed by a grantee's employees utilizing its existing facilities and equipment; provided, however, that the city reserves the right to conduct its own tests upon reasonable notice to a grantee and if noncompliance is found, the expense thereof shall be borne by a grantee. The city will endeavor to arrange its request for such special tests so as to minimize hardship or inconvenience to grantee or to the subscriber.

   D.   A copy of the annual performance tests report required by the Federal Communications Commission shall be submitted to the city within 30 days of its completion.

   E.   The city shall have the right to employ qualified consultants if necessary or desirable to assist in the administration of this, or any other, section of this chapter.

(Prior code § 113.1-28; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-250 as § 4-280-220, and renumbered this section, which was formerly § 4-280-280, as § 4-280-250.

4-280-260 Service disruption.

   A.   Except for circumstances beyond a grantee's control such as strikes, acts of God, weather, wars, riots and civil disturbances, a grantee shall establish a maintenance service capable of locating and correcting major system malfunctions promptly. Said maintenance service shall be available at all hours, to correct such major system malfunctions affecting a number of subscribers.

   B.   A grantee shall interrupt system service after 7:00 a.m. and before 1:00 a.m. only with good cause and for the shortest time possible and, except in emergency situations, only after cablecasting notice of service interruption at least 24 hours in advance of the service interruption. Service may be interrupted between 1:00 a.m. and 7:00 a.m. for routine testing, maintenance and repair, with notification, any day except Saturday or Sunday, or a holiday.

(Prior code § 113.1-29; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-260 as § 4-280-230, and renumbered this section, which was formerly § 4-280-290, as § 4-280-260.

4-280-270 Poles, conduits and other transmission facilities.

   A.   A grantee shall utilize existing poles, conduits and other facilities whenever possible and shall not construct or install any new, different or additional poles, conduits or other facilities whether on the public way or on privately owned property until the written approval of the appropriate governmental authority, and, if necessary, of the property owner is obtained and which approval shall not be unreasonably withheld by the municipality. However, no location of any pole or wireholding structure of a grantee shall be a vested interest and such poles or structures shall be removed or modified by a grantee at its own expense whenever the city or other governmental authority determines that the public convenience would be enhanced thereby.

   B.   Where the city or a public utility serving the city desires to make use of the poles or other wire holding structures of a grantee but agreement therefore with the grantee cannot be reached, the city may require the grantee to permit such use for such consideration and upon such terms as the city shall determine to be just and reasonable, if the city determines that the use would enhance the public convenience and would not unduly interfere with the grantee's operations.

   C.   All transmission lines, equipment and structures shall be so installed and located as to cause minimum interference with the rights and appearance and reasonable convenience of property owners who adjoin on any public way and at all times shall be kept and maintained in a safe, adequate and substantial condition and in good order and repair. A grantee shall at all times employ reasonable care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public. Suitable barricades, flags, lights or other devices shall be used at such times and places as are reasonably required for the safety of all members of the public. Any poles or other fixtures placed in any public way by a grantee shall be placed in such a manner as not to interfere with the usual travel on such public way.

   D.   Grantee shall remove, replace or modify at its own expense, the installation of any of its facilities as may be deemed necessary by the city or other appropriate governmental authority to meet its proper responsibilities.

   E.   All installations shall be underground in those areas of the city where public utilities providing both telephone and electric service are underground at the time of installation. In areas where either telephone or electric utility facilities are aboveground, at the time of installation, a grantee may install its service aboveground; provided that at such time as those facilities are required to be placed underground by the city or are placed underground, a grantee shall likewise place its services underground without additional cost to the city or to the individual subscriber so served within the city. If the facilities of either the electric or the telephone utility are aerial, the cable television facilities may be located underground at the request of a property owner; provided that the excess cost over aerial location shall be borne by the property owner making the request.

   F.   In the event of disturbance of any public way or private property by a grantee, it shall, at its own expense and in a manner approved by the city or other appropriate governmental authority and the owner, replace and restore such public way or private property in at least as good a condition as before the work causing such disturbance was done, and grantee shall comply with the City code and regulations related to restoration of the public way. In the event a grantee fails to perform such replacement or restoration, the city or the owner shall have the right to do so at the sole expense of the grantee. Demand for payment to the city or owner for such replacement or restoring such roads or private property as may have been disturbed must be in writing to the grantee.

   G.   Whenever, in case of fire or other disaster, it becomes necessary in the judgment of the city to remove or damage any of a grantee's facilities, no charge shall be made by the grantee against the city for restoration and repair.

   H.   At the request of any person holding a valid building moving permit issued by the city or other appropriate governmental authority and upon at least 48 hours notice, a grantee shall temporarily raise, lower or cut its wires as may be necessary to facilitate such move. The direct expense of such temporary changes, including standby time, shall be paid by the permit holder and grantee shall have the authority to require payment in advance.

   I.   Grantee shall have the authority to trim trees on public property at its own expense as may be necessary to protect its wires and facilities, subject to the supervision and direction of the city or other appropriate governmental authority.

(Prior code § 113.1-30; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-270 as § 4-280-240, and renumbered this section, which was formerly § 4-280-300, as § 4-280-270.

4-280-280 Construction schedule and reports.

   A.   Upon accepting the franchise, a grantee shall, within 60 days, file the documents required to obtain all necessary federal, state and local licenses, permits and authorizations required for the conduct of its business and shall submit monthly reports to the cable administrator on progress in this respect until all such documents are in hand. Failure of a grantee to pursue all necessary steps to secure the aforementioned authorizations with due diligence shall constitute a substantial violation of this chapter.

   B.   Franchise applications shall include a timetable showing the percentage of occupied dwelling units within the primary service area that will be capable of receiving cable television service each year of construction. Said timetable shall be incorporated into the franchise and shall be enforceable as to a grantee under the provisions of this chapter.

   C.   Each grantee shall fill all requests for cable service, once facilities are in place consistent with the foregoing schedule for service, within 30 days after the date of each request. A record of all service requests shall be kept for at least three years and shall be available for public inspection at the local office of a grantee during regular office hours.

   D.   Within three months after accepting the franchise, grantee shall furnish the city a complete construction schedule and map setting forth target dates by areas for commencement of service to subscribers. The schedule and map shall be updated whenever substantial changes become necessary.

   E.   Every three months after the start of construction, grantee shall furnish the cable administrator a report on progress of construction until complete. The report shall include a map that clearly defines the areas wherein cable service is available.

(Prior code § 113.1-31; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-280 as § 4-280-250, and renumbered this section, which was formerly § 4-280-310, as § 4-280-280.

4-280-290 Protection of privacy.

   A.   Grantee shall comply with all applicable laws pertaining to the protection of privacy, as they may be amended from time to time, including but not limited to the Federal Electronic Surveillance Statute (18 U.S.C. 2510 et seq.), 47 U.S.C. § 551, the Illinois Eavesdropping Statute (Illinois Revised Statutes, Chapter 38.14-1, et seq.), the Illinois Communications Consumer Privacy Act (Illinois Revised Statutes, Chapter 38.87-1, et seq.), the Cable and Video Customer Protection Law (220 ILCS 5/22-501 et seq.), the Fourth Amendment to the United States Constitution, and Article 1.6 of the Constitution of the State of Illinois.

(Prior code § 113.1-322; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-290 as § 4-280-260, and renumbered this section, which was formerly § 4-280-320, as § 4-280-290.

4-280-300 Areawide interconnection of cable systems.

   A.   All grantees shall interconnect access channels and/or local origination channels of their cable system with any or all other cable systems providing service within the city. Nothing herein shall prohibit the cable administrator or franchise agreement from requiring additional interconnections.

   B.   All grantees shall obtain agreements for the sharing of interconnection costs among all interconnecting companies. The cable administrator may extend the time to interconnect.

   C.   A grantee shall cooperate with any entity established for the purpose of regulating, financing or otherwise providing for the interconnection of cable systems.

   D.   The city may require a grantee to provide local origination equipment that is compatible with that used by other cable systems within the city and in adjacent areas.

   E.   A grantee shall make every reasonable effort to cooperate with cable television franchise holders in contiguous communities in order to provide cable service in areas outside the grantee's franchise area.

   F.   The city shall make every reasonable effort to cooperate with the franchising authorities in contiguous communities and with a grantee, in order to provide cable service in areas outside the city.

(Prior code § 113.1-34; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered this section, which was formerly § 4-280-340, as § 4-280-300.

ARTICLE VII. CHICAGO ACCESS CORPORATION (4-280-310 et seq.)

4-280-310 Purpose.

   A.   A nonprofit Chicago Access Corporation (CAC) shall be created as hereinafter provided to promote and develop maximum community involvement in and use of cable service for cultural, educational, health, social service, civic, community and other nonprofit purposes and to administer use of access channels.

(Prior code § 113.1-35; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered this section, which was formerly § 4-280-350, as § 4-280-310.

4-280-320 Control of channels.

   A.   The franchise(s) shall provide that the CAC shall control the use of ten percent of all cable channels (including ten percent of all channels on subscriber cables) from their inception, free of charge, as access channels.

   B.   Any time after four years from the date service is offered to the first subscriber on a grantee's cable system, a grantee may request that the cable administrator permit such grantee to utilize any unused or underutilized channels otherwise under the control of the CAC. Upon a finding by the cable administrator that the use of such channels by the grantee shall not detrimentally impact on the CAC's ability to further its designated purposes, the cable administrator may order the CAC to permit the grantee to use a specified number of such channels at no cost for a period of one year. The cable administrator shall review its decision annually thereafter to determine whether continued use of such channels by the grantee would detrimentally impact on the CAC's ability to further its designated purposes. If the cable administrator should then find that such an effect would result from the continued use of such channels, it shall order a grantee to relinquish use of all or a portion of such channels to the CAC.

(Prior code § 113.1-36; Amend Coun. J. 3-27-85, p. 14767; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered this section, which was formerly § 4-280-360, as § 4-280-320.