Article I. Franchising or Transfer Process
4-284-010 Short title.
4-284-020 Definitions.
4-284-030 Ineligible applicants.
4-284-040 Disclosures by applicant.
4-284-050 Spokespersons – Prohibited activities.
4-284-060 Spokespersons – Registration and disclosure.
4-284-070 City employees or representatives – Prohibited activities.
4-284-080 City representatives and advisors – Disclosure.
4-284-090 Ex parte communications.
4-284-100 Cable administrator – Duties and responsibilities.
4-284-110 Additional penalties.
Article II. Construction and Operation of the Cable System
4-284-120 Short title.
4-284-130 Definitions.
4-284-140 Grantee's prohibitions.
4-284-150 Disclosures by grantee.
4-284-160 City representatives – Prohibited activities.
4-284-170 City employees – Prohibited activities.
4-284-180 Cable administrator – Duties and responsibilities.
4-284-190 Violation – Penalties.
ARTICLE I. FRANCHISING OR TRANSFER PROCESS (4-284-010 et seq.)
For purposes of this chapter:
A. "Applicant" means any person who applies for a cable communications franchise in the City of Chicago, excluding any person seeking to renew an existing franchise but including any person who applies for an assignment or other interest of ownership of cable communications franchise in the City of Chicago by way of transfer, sale or other means of assignment, under procedures established pursuant to the Chicago Cable Communications Ordinance, Chapter 4-280 of the Municipal Code, or any successor ordinance or provisions of law relating to the same subject matter.
B. "Application period" means a period commencing with the date of the first communication from an applicant to any city representative expressing an interest in acquiring a cable communications franchise, and ending with the date of the approval or disapproval of the application for a franchise or a transfer of ownership of a franchise by the city council pursuant to Section 4-280-170 or Section 4-280-470 A of the Municipal Code, or such date as the applicant formally notifies the cable administrator in writing of the withdrawal of the application for a franchise or a transfer of ownership of a franchise.
C. "Cable administrator" means the cable administrator provided for pursuant to Section 4-280-420 of the Municipal Code.
D. "City" means the City of Chicago.
E. "City advisor" means any outside consultant, counsel, or other person retained by the city with respect to cable communications in the City of Chicago.
F. "City employee" means any employee or official of the city, including any city representative but, unless otherwise specified in this ordinance, shall not include members of boards or commissions whose duties and responsibilities are part-time in nature.
G. "City representative" means the mayor; members of the city council and their staff; all city department heads; the cable administrator; and all other city employees designated by the cable administrator on the basis of their relevance to cable communications in the City of Chicago but, unless otherwise specified by the cable administrator, shall not include members of boards or commissions whose duties and responsibilities are part-time in nature.
H. "Communication" means the discussion, presentation, or any oral, written or other transmission of information relating in any way to cable communications in the City of Chicago.
I. "Expenditure" means a payment, distribution, loan, advance, deposit, political or campaign contribution or loan, or gift of money or anything of value, or the conferring of an economic benefit or the incurring of an economic cost, and includes a contract, promise or agreement; whether or not legally enforceable; whether or not made or incurred in the City of Chicago; relating in any way to cable communications in the City of Chicago.
"Expenditure" includes expenditures by a person's parent corporation, subsidiary, predecessor or other affiliated entity, or by any business or professional entity, with which an individual is affiliated or associated.
J. "Family member" means and includes spouse or qualified domestic partner, siblings and their spouses, children and their spouses, grandchildren and their spouses, parents and grandparents; whether or not they are members of the same household.
K. "Immediate family" means and includes spouse or qualified domestic partner and family members living with the person.
L. "Interest" means any economic interest or relationship, whether by ownership, purchase, sales, lease, contract, option, investment, employment, gift, fee or otherwise; whether present, promised or reasonably expected; whether direct or indirect; whether or not legally enforceable; whether in the person itself or in a parent or subsidiary corporation or in another subsidiary of the same parent. "Interest" shall not include ownership through purchase at fair market value of less than one percent of the shares of a parent, subsidiary or other affiliated corporation whose shares are registered on a national securities exchange pursuant to the Securities Exchange Act of 1934. "Interest" shall also not include any interest provided equally to all cable subscribers or to all persons who agree to become cable subscribers, or any interest publicly determined by the cable administrator to be so minor that it doesn't reasonably constitute an actual or apparent conflict of interest.
M. "Municipal Code" means the Municipal Code of the City of Chicago.
N. "Person" means an individual, firm, corporation, cooperative, association, trust, partnership, joint venture, combination or other legally recognized entity.
O. "Person with whom a city representative maintains a close economic association" means a person associated with a city representative in a partnership, professional service corporation or other form of business association or professional association, whether as a partner, officer, employee, associate, principal, agent or otherwise; provided that such "association" shall not include participation by both the representative and the other person as limited partners or other passive investors in an entity in which neither owns or controls more than five percent of the equity of the entity.
Q. "Spokesperson" means and include any person who, at any time during the application period, is authorized to speak on behalf of an applicant or otherwise to represent the applicant or to serve the applicant in an agency capacity or by contract, with respect to any matter relating to cable communications in the City of Chicago. "Spokesperson" includes, but is not limited to, any attorney, consultant, franchise representative, public relations advisor or representative, advertising agency, marketing research firm, accountant, banker, underwriter, financial or investment advisor, broker, person conducting needs assessments on behalf of the applicant, and the like, and any person who is authorized to or who on behalf of the applicant makes any communication or engages in any activity relating to the content or approval of any request for proposals, franchise application, franchise, or ordinance concerning cable communications in the City of Chicago. In the case of an individual "spokesperson", spokesperson also includes any firm or other business or other business or professional association by which the individual is employed or with which he or she is otherwise affiliated. In the case of a firm or other entity, "spokesperson" also includes any individuals who perform or will perform any of the activities as "spokesperson". "Spokesperson" includes any person employed by or retained by the applicant or by a parent corporation, subsidiary or other affiliated entity, whose responsibilities include any of the foregoing communications or activities.
(Prior code § 113.2-2; Amend Coun. J. 6-20-84, p. 7810; Amend Coun. J. 5-16-90, p. 15716; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-13-07, p. 14999, Art. I, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. VIII, § 1; Amend Coun. J. 4-24-12, p. 23998, § 1)
The following persons shall not be eligible to be or to remain applicants:
A. Any person in whom a city employee or immediate family member of a city employee has an interest;
B. Any person in whom a family member of a city representative has an interest;
C. Any person in whom an interest is held by a person with whom a city representative maintains a close economic association;
D. Any person who, directly or indirectly, knowingly offers, promises, suggests or otherwise communicates the possible provision of an interest to a city employee, to an immediate family member of a city employee, to a family member of a city representative or to a person with whom a city representative maintains a close economic association;
E. Any person who, directly or indirectly, knowingly communicates with a city employee in violation of the restrictions on ex parte communications provided by Section 4-284-090 of this chapter.
F. Any person who is ineligible to do business with the city under Article I of Chapter 1-23 of this Code.
(Prior code § 113.2-3; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 6-30-10, p. 95061, § 6; Amend Coun. J. 9-8-10, p. 99116, § 6)
A. Each applicant shall file with the cable administrator a written statement by the applicant or by an authorized officer of the applicant, publicly disclosing the following information:
1. The name, mailing address, email address, and business phone number of each spokesperson for the applicant; the capacity (e.g., public relations attorney) in which each acts as spokesperson; and the amounts of all compensation paid to or reasonably expected by each spokesperson (whether or not formal billing or payment has yet occurred) for services rendered or to be rendered as a spokesperson for the applicant with respect to any matter relating to Chicago Cable Communications at any time during the application period;
2. All expenditures by or on behalf of the applicant at any time during the application period, itemized by categories and amount, as specified in forms provided by the cable administrator;
3. All information concerning ownership of the applicant as requested by the city. Such ownership information shall include disclosure of owners, including any beneficiary or beneficiaries of any trust or similar entity, and disclosure of principals whenever any ownership interest is held by an agent or nominee;
4. The identities of all city employees, and immediate family members of city employees, family members of city representatives, and persons with whom a city representative maintains a close economic association, who have or at any time during the application period, have had an interest in the applicant; and the nature and amount of each such interest. For the purpose of this subsection, city employee and city representative shall include members of boards or commissions whose duties and responsibilities are part-time in nature;
5. All communications by or on behalf of the applicant with any city representative, family member or person with whom a city representative maintains a close economic association, at any time during the application period, whether or not restricted by the provisions of Section 4-284-090 of this chapter. The written statement disclosing such communications shall include the following information:
(a) The name, address, and telephone number of the person to whom the communication was made;
(b) The date, time, and duration of the communication and the circumstances (such as telephone conversation or meeting) under which it was made;
(c) A brief statement describing any oral communications;
(d) A copy of any written materials which were the subject of the communication.
B. Such disclosure statements shall be filed on or before the date the applicant first applies for a franchise or transfer of ownership. These statements shall cover the time from the beginning of the application period up to the date of the disclosure statement. Additional statements supplementing the information initially filed shall be filed on the last day of each month until the award of any franchise, or the approval of transfer of ownership of a franchise, for which the applicant applied. An applicant need not file such monthly supplemental statement if there has been no change in the information initially filed.
C. Each applicant shall make disclosures, consistent with the provisions and intent of this ordinance, regarding changes of ownership interests, spokespersons, expenditures, and any other matter relating to cable communications, on forms provided by the cable administrator. Nothing herein shall be construed to prevent the cable administrator from requiring disclosure of information in addition to that needed to comply with the terms of this ordinance.
(Prior code § 113.2-4; Amend Coun. J. 6-20-84, p. 7810; Amend Coun. J. 5-16-90, p. 15716; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-17-10, p. 106597, Art. VIII, § 1; Amend Coun. J. 4-24-12, p. 23998, § 1)
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