4-280-470 Acceptance by written instrument.

   A.   This chapter and the franchise and their terms and conditions shall be accepted by a grantee by written instrument filed with the city within 30 days after the granting of a franchise, unless said period is extended by the council at its sole discretion. In its acceptance, the grantee shall declare that it has carefully read the terms and conditions of this chapter and the franchise and accepts all of the terms and conditions imposed by this chapter and the franchise and agrees to abide by the same.

(Prior code § 113.1-55; 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 § 4-280-470 as § 4-280-390, and renumbered this section, which was formerly § 4-280-550, as § 4-280-470.

4-280-480 Multiple-unit dwellings – Resale of services prohibited.

   A.   Interference with Cable Service Prohibited. Neither the owner of any multiple-unit residential dwelling nor his agent or representative shall interfere with the right of any tenant or lawful resident thereof to receive cable service, cable installation or maintenance from a grantee regulated by and lawfully operating under a valid and existing cable television franchise issued by the city; provided, however, the cable administrator may establish necessary rules and standards it deems appropriate to protect the property rights of landlords and tenants.

   B.   Gratuities and Payments to Permit Service Prohibited. Neither the owner of any multiple-unit residential dwelling nor his agent or representative shall ask, demand or receive any payment, service or gratuity in any form as a condition for permitting or cooperating with the installation of a cable communication service to the dwelling unit occupied by a tenant or resident requesting service.

   C.   Penalties and Charges to Tenants for Service Prohibited. Neither the owner of any multiple-unit residential dwelling nor his agent or representative shall knowingly penalize, charge or surcharge a tenant or resident, or forfeit or threaten to forfeit any right of such tenant or resident, or discriminate in any way against such tenant or resident who requests or receives cable communications service from a grantee operating under a valid and existing cable communication franchise issued by the city. Any person convicted of violating any provisions of this section is subject to a fine of not less than $50.00 nor more than $500.00 for each offense.

   D.   Reselling Service Prohibited. No person shall resell, without the expressed, written consent of both the grantee and the cable administrator, any cable service program or signal transmitted by a cable television system operating under a franchise issued by the city.

   E.   Protection of Property Permitted. Nothing in this section shall prohibit a person from requiring that cable system facilities conform to laws and regulations and reasonable conditions necessary to protect safety, functioning, appearance and value of premises or the convenience and safety of persons or property.

   F.   Risks Assumed by Grantee. Nothing in this section shall prohibit a person from requiring a grantee to agree to indemnify the owner, or his agents or representatives, for damages or from liability for damages caused by the installation, operation, maintenance or removal of cable system facilities.

(Prior code § 113.1-56; 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 § 4-280-480 as § 4-280-400, and renumbered this section, which was formerly § 4-280-560, as § 4-280-480.

4-280-490 Violation – Penalty.

   A.   Penalties. In addition to any other remedies provided for in this chapter or otherwise available by law, the city or the cable administrator shall have the power to impose monetary penalties in the event a grantee violates any provision of this chapter or other provision of the municipal code, a franchise, or any rule or regulation lawfully adopted thereunder. In appropriate circumstances, the city or the cable administrator may precede the issuance of a notice of violation with a reasonable opportunity for the grantee to cure the violation. The amounts of such penalties shall be specified in subsection E. of this section and in the franchise and shall be based on the following principles:

      1.   penalties shall exceed the financial benefits to a grantee delaying or failing to comply with the applicable requirement;

      2.   even where such benefits are not easily discernible, the penalties shall be high enough to have a significant deterrent effect on a grantee; and

      3.   penalties shall be sufficient to protect the city and other affected parties against loss of revenues resulting from violations.

      4.   penalties shall be subject to Article X of this Chapter.

   B.   Other monetary sanctions. A franchise shall also provide for fines, liquidated damages and other monetary sanctions, the amounts of which shall also reflect the foregoing principles.

   C.   Private suit against grantee.

      1.   any person or organization adversely affected by a violation, or by a pattern and practice of violations, shall have the right to sue a grantee in a court of competent jurisdiction for damages and for injunctive and other relief to require enforcement of the franchise. Organizations shall be entitled to sue on behalf of themselves or their members.

      2.   the remedy herein provided shall be in addition to any remedies provided by law.

      3.   except in emergency situations in which immediate relief is required, private litigants shall notify the corporation counsel not fewer than ten days prior to filing suit. However, suit by the city shall not preempt the private litigant's right to proceed.

   D.   It shall be unlawful for any person to attach or affix, or to cause to be attached or affixed, any equipment or device which allows access to or use of the cable television system without payment to the grantee for same.

   E.   Except as otherwise provided herein, any person who violates any provisions of this chapter shall be subject to a fine not to exceed $750.00 for each offense; each day of said violation shall constitute a separate offense, and a separate offense shall be deemed to be committed as to each affected customer.

   F.   Upon the cable administrator's transmittal of a notice of violation to the department of administrative hearings, the department of administrative hearings shall adjudicate the notice of violation in accordance with the provisions of Chapter 2-14.

(Prior code § 113.1-57; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-2-02, p. 93682, § 1; Amend Coun. J. 9-5-07, p. 6001, § 2; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-490 as § 4-280-410, and renumbered this section, which was formerly § 4-280-570, as § 4-280-490.

4-280-500 Promulgation of rules by grantee.

   Grantee shall have the authority to promulgate such rules, regulations, terms and conditions of its business as shall be reasonably necessary to enable it to exercise its rights and perform its services under this chapter and the Rules of the FCC, and to assure uninterrupted service to each and all of its subscribers. Such rules and regulations shall not be deemed to have the force of law.

(Prior code § 113.1-58; 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 § 4-280-500 as § 4-280-420, and renumbered this section, which was formerly § 4-280-580, as § 4-280-500.

4-280-510 Delegation of powers.

   Any delegable right, power, or duty of the city, the council, the cable administrator, or any official of the city under this chapter may be transferred or delegated by resolution of the council to an appropriate officer, employee, or department of the city, or any other legal authority. Notwithstanding the foregoing, whenever a provision appears requiring the mayor to do some act, it is to be construed to authorize the mayor to designate, delegate and authorize subordinates to perform the required act unless the terms of the provision or section require otherwise.

(Prior code § 113.1-59; 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 § 4-280-510 as § 4-280-430, and renumbered this section, which was formerly § 4-280-590, as § 4-280-510.

4-280-520 Reserved.

Editor's note – Coun. J. 5-9-12, p. 27485, § 138, repealed former § 4-280-600, which pertained to severability. Coun. J. 4-24-12, p. 23998, § 1, however, had previously renumbered that section as this § 4-280-520, which has been removed from this code at the discretion of the editor. Future legislation will correct the provision if needed.

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 et seq.)

4-280-530 Applicability.

   Notwithstanding any provision to the contrary, all franchise agreements shall incorporate the penalty provisions, customer service and privacy standards and protections contained in the Cable and Video Customers Protection Law (220 ILCS 5/22-501, et seq.).

(Added by Coun. J. 9-5-07, p. 6001, § 3; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-530 as § 4-280-450, and renumbered this section, which was formerly § 4-280-720, as § 4-280-530.

4-280-540 Definitions.

   As used in this Article, "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 Cable and Video Customer Protection Law.

   As used in this Article, "cable or video provider" means that same term as defined in the Cable and Video Customer Protection Law (220 ILCS 5/22-501, et seq.).

   Any other word or phrase used in this Article that is defined in the Cable and Video Competition Law of 2007 or the Cable and Video Customer Protection Law has the meaning ascribed to the term in that Law.

(Added by Coun. J. 9-5-07, p. 6001, § 3; Amend Coun. J. 4-24-12, p. 23998, § 1; Amend Coun. J. 11-8-12, p. 38872, § 133)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-540 as § 4-280-460, and renumbered this section, which was formerly § 4-280-730, as § 4-280-540.