Loading...
A. The purpose of this article is to provide rules and regulations for the installation, operation, and maintenance of a cable television system or systems in the village.
B. The ordinance codified in this article shall be known and may be cited as the HAMPSHIRE CABLE COMMUNICATIONS REGULATIONS. (Ord. 00-31, 8-17-2000)
For the purpose of this article, the following terms, phrases, words and derivations shall have the meanings given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number shall include the plural number. The word "shall" is always mandatory and not merely directory.
BASIC CABLE SERVICE: Any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming required by the franchise to be carried on the basic tier. "Basic cable service" as defined herein shall not be inconsistent with 47 USC section 543(b)(7) (1993).
BOARD OF TRUSTEES: The village board of trustees.
CABLE COMMUNICATIONS SERVICE: The provision of television reception, communications and/or entertainment services and distributing the same over a cable communications system. This definition shall not include telephone services regulated pursuant to applicable law and as may be amended from time to time.
CABLE COMMUNICATIONS SYSTEM OR SYSTEM: A system of antennas, cables, wires, lines, towers, wave-guides, or other conductors, converters, equipment, or facilities located in the village and designed and constructed for the purpose of producing, receiving, transmitting, amplifying, or distributing audio, video, and other forms of electronic signals in the village.
CABLE PROGRAMMING SERVICE: Any video programming provided over a cable system, regardless of service tier, including installation or rental of equipment used for the receipt of such video programming, other than:
A. Video programming carried on the basic service tier;
B. Video programming offered on a pay-per-channel or pay-per-program basis; or
C. A combination of multiple channels of pay-per- channel or pay-per-program video programming offered on a multiplexed or time-shifted basis so long as the combined service:
1. Consists of commonly-identified video programming; and
2. Is not bundled with any regulated tier of service.
D. "Cable programming service" as defined herein shall not be inconsistent with the definition as set forth in 47 USC section 543(1)(2) (1993) and 47 CFR 76.901(b) (1993).
CONVERTER: An electronic device which converts signals to a frequency acceptable to a television receiver of a subscriber and by an appropriate selector permits a subscriber to view all subscriber signals included in the service.
DROP: The cable that connects the ground block on the subscriber's residence to the nearest feeder cable of the system.
FCC: The Federal Communications Commission and any legally appointed, designated or elected agent or successor.
FRANCHISEE: Any person granted the franchise right to install, operate and/or maintain a cable television system in the village under this article.
GROSS REVENUES: All revenue received from basic cable, cable communications, and cable programming services. The term "Gross Revenues" shall not include franchise fees, access operating fees, advertising revenues, any fees itemized and passed through as a result of franchise imposed requirements or any taxes or fees on services furnished by a franchisee imposed directly on any subscriber or user by any municipality, state, or other governmental unit and collected by a franchisee for such governmental unit.
INSTALLATION: The connection of the system from feeder cable to the point of connection, including standard installations and custom installations.
LOCKOUT DEVICE: An optional mechanical or electrical accessory to a subscriber's terminal which inhibits the viewing of a certain program, certain channel, or certain channels provided by way of the cable communication system.
PAY TELEVISION: The delivery over the system of pay-per-channel or pay-per-program audio-visual signals to subscribers for a fee or charge, in addition to the charge for basic cable service or cable programming services.
PERSON: Any person, firm, partnership, association, corporation, company, or other legal entity.
STANDARD INSTALLATION: Any residential installation which can be completed using a drop of one hundred fifty feet (150') or less.
STREET: The surface of, and the space above and below, any public street, road, highway, freeway, lane, alley, path, court, sidewalk, parkway, or drive, or any easement or right of way now or hereafter held by village.
SUBSCRIBER: Any person who lawfully receives cable television service. In the case of buildings containing multiple offices, or multiple-family dwelling units, the "Subscriber" means the lessee, tenant or occupant.
VIDEO PROGRAMMING: Programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
VILLAGE: The village of Hampshire, Kane County, Illinois. (Ord. 00-31, 8-17-2000)
The village may grant to a franchisee a nonexclusive franchise, right and privilege, and easement to construct, erect, operate, modify, and maintain, in, upon, among, across, above and over and under the highways, streets, alleys, sidewalks, public ways and public places now laid out or dedicated and all extensions thereof and additions thereto in the village, any poles, wires, cables, underground conduits, manholes and other television and communications conductors and fixtures necessary for the operation and maintenance in the village of a cable communications system for the purpose of distributing television and radio signals, and other electronic impulses, in order to furnish television and radio programs, and various communications and other electronic services, to the public. (Ord. 00-31, 8-17-2000)
A. A franchisee shall be subject to all lawful exercise of the police power by the village and to such reasonable regulation as the village shall hereafter by resolution or ordinance provide.
B. The construction, operation and maintenance of the system by a franchisee shall be in full compliance with such portions of the National Electrical Safety Code as may be applicable and as the same may be amended and revised from time to time, and in full compliance with all other applicable rules and regulations now in effect or hereinafter adopted by the Federal Communications Commission, the village or any other agency of the state or the United States, which may hereafter acquire jurisdiction of the operations of a franchisee authorized in this article.
C. A franchisee shall at all times comply with the rules and regulations governing cable programming and cable communications operations promulgated by the FCC, specifically those set out in section 76.31 of the FCC Rules and Regulations, including adherence by the franchisee to FCC rules regarding technical and engineering specifications involved in the construction of the system and signal carriage therein. (Ord. 00-31, 8-17-2000)
Consistent with the requirements of Rule 76.31(a)(6) of the FCC, any modification of Rule 76.31 resulting from amendment thereto by the FCC shall be incorporated in this article by specific amendments thereto by lawful action of the board of trustees within one year from the effective date of the FCC's amendment or at the time of renewal of the ordinance codified in this article, whichever occurs first. (Ord. 00-31, 8-17-2000)
A. A franchisee shall not sell or transfer its system to another, or alter the compositions of its individual partners or stockholders, or transfer any rights, duties or obligations under this article to another without written notice and formal approval by the village board of trustees; provided, that such approval shall not be unreasonably withheld if the vendee, assignee or lessee has filed with the appropriate official of the village an instrument duly executed, reciting the fact of such sale, assignment of lease, accepting the terms of this article and agreeing to perform all conditions thereof. For purposes of determining whether it shall consent to such sale or transfer, the village may inquire into the qualifications of the buyer or transferee, and franchisee shall assist the village as reasonably requested in any such inquiry.
B. In requesting any such sale or transfer, franchisee shall have the duty to evidence to the village that the buyer or transferee has the financial and technical capability to maintain and operate the system for the remaining term of the franchise; and shall submit to the village current, certified and audited financial statements of the buyer or transferee in support thereof. Further in support of any request for sale or other transfer of the franchise, franchisee shall inform the village if any person, director, or entity holding more than five percent (5%) interest in buyer or transferee shall ever have been convicted of any crime involving moral turpitude, or is under indictment, investigation or complaint regarding same; has ever had a judgment entered against him, her or it in an action for fraud, deceit or misrepresentation; or has pending any legal claim, lawsuit, or administrative proceeding arising out of or involving a cable communications system.
C. The village may upon receipt of such request for approval approve the sale or transfer, deny the sale or transfer, or conditionally approve the sale or transfer; the village may attach conditions, including, but not limited to, the following: 1) reimbursement of reasonable and necessary expenses incurred in evaluating the transfer request; 2) remedy of any existing or historical violations of village ordinances or the franchise agreement; 3) payment of all fees and penalties owed by the franchisee at the time; 4) agreement by the buyer or transferee to abide by any and all ordinances, agreements and conditions.
D. The village shall not approve any transfer or assignment of the franchise prior to substantial completion of construction of the system, except under extraordinary circumstances as determined by the village. In the event of any transfer or assignment of ownership or control the transferee shall be subject to all the terms and conditions of this article. (Ord. 00-31, 8-17-2000)
A franchisee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable a franchisee to exercise its rights and perform its obligations under this article, and to assure an uninterrupted service to each and all of its customers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or of federal and state laws. (Ord. 00-31, 8-17-2000)
Loading...