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.

4-280-330 Funding.

   A.   The CAC shall be funded by:

      1.   Payments by the grantee(s), including an initial payment; a percentage of annual gross cable revenues subject to a guaranteed minimum annual payment; and contributions of funds for studios, equipment and technical assistance; in amounts to be agreed upon and specified in the franchise(s); and

      2.   Foundation, corporate, governmental and other philanthropic grants; and

      3.   Payments from the holder of a State- issued authorization to provide cable service or video service in Chicago.

   B.   The Cable Administrator shall direct that two- thirds of all fees paid for public, educational or governmental use by each grantee, pursuant to subparagraph A(1) of this section, and each holder of a State-issued authorization, pursuant to subparagraph A(3) of this section, be paid directly to the CAC. If direct payment to the CAC is not possible, the City shall accept and remit in full to the CAC the amount specified by this paragraph within sixty days of receipt.

(Prior code § 113.1-37; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-18-09, p. 55728, § 2; Amend Coun. J. 4-24-12, p. 23998, § 1; Amend Coun. J. 11-19-14, p. 98037, § 7)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, repealed former § 4-280-330 and renumbered this section, which was formerly § 4-280-370, as § 4-280-330.

4-280-340 Incorporation.

   A.   The CAC shall be incorporated by 50 incorporators, who shall be broadly representative of the city and its diverse cable access constituencies. Seventeen shall be individuals named by the mayor and the others shall be individuals selected by nonprofit cultural, educational, health, social service, civic and community organizations designated by the mayor. Each such organization shall select one incorporator. The incorporators shall conduct their first meeting no later than 90 days after the enactment of the franchise(s). They shall, at the earliest feasible date, take all steps necessary to incorporate the CAC as an Illinois not-for-profit corporation, exempt from federal and state income tax and eligible to receive tax-deductible contributions.

(Prior code § 113.1-38; 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 § 4-280-340 as § 4-280-300, and renumbered this section, which was formerly § 4-280-380, as § 4-280-340.

4-280-350 Directors.

   Initial directors shall be named by the incorporators, who shall also determine their number. Directors need not be selected from among the incorporators and shall be broadly representative of Chicago and its diverse cable access constituencies. Subsequent directors shall be selected by an electoral mechanism designed by the initial directors to assure broad-based representation and to guard against the directors becoming a self-perpetuating group.

(Prior code § 113.1-39; 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 § 4-280-350 as § 4-280-310, and renumbered this section, which was formerly § 4-390-320, as § 4-280-350.

4-280-360 Powers.

   A.   The powers of the CAC shall be as set forth in the articles of incorporation. They shall include the power to:

      1.   Conduct public informational and educational activities;

      2.   Allocate access channel space and time, and access channel interconnections for nonprofit use, on a reasonable nondiscriminatory basis;

      3.   Provide financial, technical and other assistance for nonprofit programming and other nonprofit uses of the cable system;

      4.   Retain ownership of studios and other program production facilities and equipment; and employ staff;

      5.   Ensure compliance by all access channel users with the provisions of Section 4-280-260 D of this chapter;

      6.   Other acts necessary and appropriate to carry out the purposes of the CAC.

(Prior code § 113.1-40; 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 § 4-280-360 as § 4-280-320, and renumbered this section, which was formerly § 4-280-400, as § 4-280-360.

4-280-370 Restrictions.

   The CAC shall not:

   1.   Exclude any person or organization from use of access channels for any lawful nonprofit purpose, although it may allocate channel space and time on a reasonable, nondiscriminatory basis. Any person or organization alleging denial of this right may petition CAC for redress, petition the cable administrator for review and sue in a court of competent jurisdiction to enforce the right of access herein granted;

   2.   Permit operation of its channels to be subject to direct or indirect governmental interference with or control of program content.

(Prior code § 113.1-41; 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 § 4-280-370 as § 4-280-330, and renumbered this section, which was formerly § 4-280-410, as § 4-280-370.

ARTICLE VIII. CABLE ADMINISTRATOR (4-280-380 et seq.)

4-280-380 Cable administrator.

   A.   The commissioner of the department of business affairs and consumer protection, or his or her designee, shall serve ex officio as the city's cable administrator.

   B.   In addition to other duties conferred elsewhere in this Code, the duties of the cable administrator shall include:

      1.   Assisting the council as requested in the franchising process;

      2.   Enforcement of ex parte rules pertaining to the franchising process as to be adopted by council;

      3.   Monitoring compliance by grantees of all the terms and conditions of this chapter and a franchise;

      4.   Applying all sanctions, other than revocation or non-renewal of the franchise, provided for in this chapter and a franchise;

      5.   Resolving disagreements among grantees, subscribers and public and private users of the cable system. In the cases where a grantee has not satisfactorily responded to complaints of service failures, poor service, inferior audio or video signals, the cable administrator shall have the power to enforce applicable standards. In cases where requests for service have been ignored or unfilled for whatever reasons, the cable administrator shall have the power to enforce applicable standards.

      6.   Monitoring the effectiveness of all groups given responsibility for the development and utilization of access channels on cable systems;

      7.   Auditing all franchise records as required by this chapter and, in the cable administrator's discretion, requiring the preparation and filing of information additional to that required herein;

      8.   Conducting periodic evaluations of the systems and, pursuant thereto, making recommendations to the council for amendments to this chapter or the franchises;

      9.   Advising the council on all matters which may constitute grounds for revocation of a franchise and the desirability of renewing, or permitting transfer, of a franchise;

      10.   Conducting public information programs on cable systems as necessary and/or as may be directed by the mayor or the council;

      11.   Promulgating rules and regulations governing questions of cable service policy, consistent with this chapter and the franchises granted hereunder;

      12.   Performing such regulatory and monitoring functions as set forth in this chapter.

      13.   To administer the programming and operations of municipal access channels, including the authority to enter into agreements or accept offers of gifts from any person, firm or organization, for the production of supplemental governmental programming designed for and consistent with City purposes as determined and selected by the cable administrator; provided that the cable administrator shall have the sole discretion to accept or reject any such programming.

(Prior code § 113.1-42; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-19-03, p. 13426, § 2.3; Amend Coun. J. 11-13-07, p. 14999, Art. I, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-380 as § 4-280-340, and renumbered this section, which was formerly § 4-280-420, as § 4-280-380.