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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)
A. The village may grant a franchise for a term of reasonable duration dating from date of grant, subject to renewal in accord with the requirements of law, on such terms and conditions as may be lawfully specified by the village board consistent with the requirements of Rule 76.31 of the FCC; provided, however, that in no event shall said franchise term as extended exceed ninety nine (99) years.
B. No grant of franchise shall be exclusive, and the grant of franchise shall neither restrict the village board in the exercise of its regulatory power, nor prevent it from granting any other cable television system franchise under the terms and conditions of this article now established or as amended.
C. The franchise may be granted to the extent of the corporate boundaries of the village, as such exist from time to time. In the event of annexation of additional territory by village, or as development may occur in the village, after the commencement date of any franchise, such new territory or new development shall become part of the area covered, provided, however, that a franchisee shall not be required to extend service beyond its present system boundaries unless there is a minimum of thirty five (35) homes per cable mile as measured from the last fiber node or terminating amplifier. Nor shall a franchisee be required to provide cable programming service to any person if person is more than one hundred fifty feet (150') from franchisee's cable plant. Access to cable service shall not be denied to any group of potential residential cable subscribers because of the income of the residents of the area in which such group resides. Franchisee shall be given a reasonable period of time to construct and activate system facilities to service annexed or newly developed areas.
D. A franchisee shall provide installation of one cable drop, one cable outlet, and monthly basic cable service without charge to the institutions and such other public or educational institutions located within one hundred fifty feet (150') of the system which village may designate. No redistribution of the free basic cable service provided pursuant to this section shall be allowed. Additional drops and/or outlets in any of the above locations will be provided by franchisee at the cost of franchisee's time and material. Village is to provide list of locations prior to the commencement of the franchise. Alternatively, at the institution's request, said institution may add outlets at its own expense, as long as such installation meets franchisee's standards and provided that any fees for cable communications services are paid. Nothing herein shall be construed as requiring a franchisee to extend the system to serve additional institutions as may be designated by village. Franchisee shall have one year from the date of village board of trustees designation of additional institution(s) to complete construction of the drop and outlet.
E. Within sixty (60) days after the grant of a franchise to franchisee pursuant to the terms of this article, franchisee shall file with the Federal Communications Commission such request, petition or other application as is then proper to secure from said Federal Communications Commission all necessary permits, licenses, waivers or the like as may be necessary to be secured from said Federal Communications Commission to fully comply with the terms of this article. A franchisee shall thereafter diligently pursue such application with the Federal Communications Commission and shall do all reasonable things necessary and proper to secure any such permit, license, waiver, approval or the like from it. A franchisee shall keep the village advised, from time to time, of the progress of such application. (Ord. 00-31, 8-17-2000)
No renewal of any franchise granted pursuant to the terms and conditions of this article shall be effective except pursuant to a public proceeding affording due process. A franchisee shall be a party to any such proceeding and any other proceedings in which its rights, privileges or interests would be affected and shall be fully entitled to such due process rights as may be available under applicable laws, ordinances, rules, and regulations. (Ord. 00-31, 8-17-2000)
A. Upon grant of any franchise granted pursuant to the terms and conditions of this article to construct and maintain a cable television system in the village and in furtherance of a franchisee's execution of contracts with public utility companies or any other owner or lessee of any poles located within or without the village to whatever extent such contract or contracts may be expedient and of advantage to a franchisee for use of poles and posts necessary for proper installation of the system, a franchisee may do the following, provided that a copy of any agreement a franchisee enters, or permit it obtains shall be provided to the village:
1. Obtain right of way permits from appropriate state, county and federal officials necessary to cross highways or roads under their respective jurisdictions to supply main trunk lines from a franchisee's receiving antennas;
2. Obtain permission from the federal aviation authority to erect and maintain antennas suitable to the needs of the system and its subscribers;
3. Obtain whatever other permits a city, county, state or federal agency may require;
4. Enter into one or more agreements with the telephone, electric, gas, light or water companies doing business in the village to whatsoever extent such agreement or agreements may be expedient and of advantage to a franchisee in furnishing service to its customers in the village.
B. A franchisee shall construct its cable system using material of good and durable quality, and all work involved in the construction, installation, maintenance and repair of the cable system shall be performed in a safe, thorough and reliable manner, and any municipal or private property damaged or destroyed shall be promptly repaired or replaced by a franchisee and restored to serviceable condition.
C. A franchisee's system, poles, wires and appurtenances shall be located, erected and maintained so that none of its facilities shall endanger or interfere with the lives of persons, or interfere with any improvements the village may deem proper to make, or unnecessarily hinder or obstruct the free use of the streets, alleys, bridges, easements or public property.
D. In the event the village annexes further territory as authorized by law, a franchisee shall extend energized trunk cable to the remaining portions of the village so annexed within a reasonable time thereafter, not to exceed one year unless additional time is granted by the board upon request of a franchisee for good cause shown. Any such extension of service shall be subject to the provisions of section 4-1-12 of this article. (Ord. 00-31, 8-17-2000)
E. All transmission and distribution structures, lines and equipment erected by a franchisee within the village shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum interferences with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places.
1. Wherever electrical, telephone or other utility lines to any subscriber's residence are buried underground, a franchisee shall be required to so bury its cable.
2. The location of all such structures, lines and equipment erected by a franchisee, and a map of any underground improvements, shall be provided to the village by any franchisee.
3. Whenever any excavation in any public way in the village is required for installation of any structures, lines, or equipment by a franchisee, the franchisee shall comply with the terms of section 9-7-1 of this code.
4. Installation of such structures, lines and equipment shall be made in accordance with the terms of subsection 4-1-12A2 of this article. (Ord. 01-40, 12-6-2001)
F. In case of any disturbance of pavement, sidewalk, driveway, shrubbery, grass or other surfacing, or fencing, a franchisee shall, at its own cost and expense and in a manner approved by the village, replace and restore all such paving, sidewalk, driveway, shrubbery, grass or surface of any street or alley, or fencing, or other public or private properly in as good condition as before said work was commenced.
G. No construction shall commence on easements on private property without at least forty eight (48) hours' notice in advance either directly or through the mass media or by franchisee personnel. If permission for easement access is required, such permission to construct cable plant shall not be unreasonably withheld by the property owner.
H. In the event that at any time during the period of any franchise granted pursuant to the terms and conditions set forth in this article the village lawfully elects to alter or change the grade of any street, alley or other public way, a franchisee, upon reasonable notice by the village, shall remove, relay or relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
I. A franchisee shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixtures, water hydrants or mains, and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curb line, and those placed in alleys shall be placed close to the line of the lot, abutting on said alley, and then in such manner as not to interfere with the usual travel on said streets, alleys and public ways.
J. A franchisee shall, on the request of any person holding a building moving permit issued by the village, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same and a franchisee shall be given not less than forty eight (48) hours' advance notice to arrange for such temporary wire changes.
K. A franchisee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks, and public places of the village so as to prevent the branches of such trees from coming in contact with the wires and cables of franchisee, all trimming to be done under the supervision and direction of the village and at the expense of franchisee.
L. A franchisee shall provide, upon request and without charge, service to any municipal buildings owned and operated by the village and to any public or parochial elementary or secondary school, by means of an energized cable extended to such building only. The cost of any internal wiring shall be borne by the institution. (Ord. 00-31, 8-17-2000)
A franchisee shall accomplish substantial construction within six (6) months after grant of a franchise by the village pursuant to the terms and conditions of this article, and shall thereafter make cable service available to all residents of the village, subject to the line extension provisions of section 4-1-12 of this article. (Ord. 00-31, 8-17-2000)
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