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.

4-280-550 Schedule of penalties.

   (a)   A cable or video provider shall receive written notice from the City of Chicago of any alleged material breach of the Cable and Video Customer Protection Law and will be allowed at least 30 days from receipt of the notice to remedy the specified material breach.

   (b)   The following is a schedule of penalties that will be imposed for any material breach of customer service and privacy protection standards listed in the Cable and Video Customer Protection Law:

      (1)   A fine of $750 shall be imposed for each day of the material breach and shall not exceed $25,000 for each occurrence of a material breach per customer.

      (2)   A material breach for the purposes of assessing penalties, shall be deemed to have occurred for each day that a material breach has not been remedied by the cable service or video service provider after the expiration of the period specified in subsection (a) of this section irrespective of the number of customers affected.

      (3)   No monetary penalties will be imposed for a material breach if it is determined that the breach was out of the reasonable control of the cable or video provider or its affiliate.

(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, § 134)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-550 as § 4-280-470, and renumbered this section, which was formerly § 4-280-740, as § 4-280-550.

4-280-560 Schedule of credits.

   The following is a schedule of credits that shall be made payable directly to customers for breach of the customer service standards and obligations contained in the Illinois Cable and Video Customer Protection Law:

   1.   Failure to provide notice of customer service standards upon initiation of service: $25.00.

   2.   Failure to install service within 7 days will result in a waiver of 50% of the installation fee or the monthly fee for the lowest-cost basic service, whichever is greater.

   3.   Failure to install service within 14 days will result in a waiver of 100% of the installation fee or the monthly fee for the lowest-cost basic service, whichever is greater.

   4.   Failure to remedy service interruptions or poor video or audio service quality within 48 hours will result in a pro-rata credit of total regular monthly charges equal to the number of days of the service interruption.

   5.   Failure to keep an appointment or to notify the customer prior to the close of business on the business day prior to the scheduled appointment: $25.00.

   6.   Violation of privacy protections: $150.00.

   7.   Failure to comply with scrambling requirements: $50.00 per month.

   8.   Violation of customer service and billing standards in 220 ILCS 5/22-501(c) – (d): $ 25.00 per occurrence.

   9.   Violation of the bundling rules in 220 ILCS 5/22-501(h) $25.00 per month.

(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 § 4-280-560 as § 4-280-480, and renumbered this section, which was formerly § 4-280-750, as § 4-280-560.

4-280-570 Reserved.

Editor's note – Coun. J. 5-9-12, p. 27485, § 139, repealed former § 4-280-760, which pertained to severability. Coun. J. 4-24-12, p. 23998, § 1, however, had previously renumbered that section as this § 4-280-570, which has been removed from this code at the discretion of the editor. Future legislation will correct the provision if needed.

ARTICLE XI. COLLECTION OF FEES FROM HOLDERS OF STATE-ISSUED AUTHORIZATIONS TO PROVIDE CABLE SERVICES AND VIDEO SERVICES (4-280-580 et seq.)

4-280-580 Definitions.

   As used in this Article, "gross revenues" has the meaning ascribed to the term in 220 ILCS 5/21-801.

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

(Added by Coun. J. 9-5-07, p. 5996, § 2; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-580 as § 4-280-500, and renumbered this section, which was formerly § 4-280-770, as § 4-280-580.

4-280-590 Payment of service provider fee.

   All cable or video service providers that provide services on a commercial basis in the City of Chicago and do not hold a franchise agreement with the City but rather hold a State-issued authorization to provide service, shall pay a service provider fee equal to 5% of the gross revenues or the same as the fee paid to the City by any incumbent cable operator providing cable service or video service.

   1.   Holders of a State-issued authorization to provide cable service or video service shall be liable for the fee beginning on the first day of the calendar month that is at least 30 days after the holder receives a copy of this ordinance.

   2.   A copy of this ordinance shall be sent by certified mail, postage prepaid, to the address listed on the holder's application provided to the City as mandated by 220 ILCS 5/21-401(b)(6).

   3.   The payment of the service provider fee shall be due on a quarterly basis, 45 days after the close of the calendar quarter.

   4.   If mailed, the fee is considered paid on the date it is postmarked.

   5.   The fee shall be paid to the commissioner of business affairs and consumer protection who shall have the power to administer and enforce this section.

(Added by Coun. J. 9-5-07, p. 5996, § 2; 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 § 4-280-590 as § 4-280-510, and renumbered this section, which was formerly § 4-280-780, as § 4-280-590.