Loading...
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)
A. It shall be the obligation of a franchisee to serve all residents of the village except to the extent that density of the homes, adverse terrain or other factors render providing service impracticable, technically unfeasible or economically noncompensatory.
1. For purposes of determining compliance with the provisions of this section, and governing extensions of cable service within the village, a franchisee shall provide or extend service to new subscribers at the installation charge and monthly rate for customers of that classification set forth in this article wherever there is an average of thirty five (35) homes per linear mile of new cable construction.
2. In the event the requirements of this section are not otherwise met, extensions of service shall be offered by a franchisee on such basis as is reasonable and compensatory. (Ord. 00-31, 8-17-2000)
A. Additional Regulations: The right is reserved by the village to adopt, in addition to the provisions contained in this article and existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power; provided, that such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the rights granted in this article, and shall not be in conflict with the applicable laws of the state or the United States.
B. Use Of System By Village: The village shall have the right, during the life of any franchise granted pursuant to the terms and conditions set forth in this article, of maintaining upon the poles or in the underground conduits of a franchisee within the village limits, wire and fixtures necessary for a traffic signal control system and/or a police and fire alarm system. Such wires and fixtures shall be installed and maintained at the sole expense of the village and shall at all times comply with all reasonable rules and regulations of a franchisee so that there may be a minimum danger of contact or conflict between wires and fixtures of a franchisee and wires and fixtures used by the village.
C. Emergency Or Disaster: In the case of an emergency or disaster, a franchisee shall, upon request of the village clerk, make available its facilities to the village for emergency use during the emergency or disaster period.
D. Liability: The village shall not be liable for any damage occurring to the property of a franchisee caused by employees of the village in the performance of their duties, except for damage caused to a franchisee's facilities by the negligence of the village's employees. The village shall not be liable for the interruption of service by actions of village employees in the performance of their duties, nor shall the village be held liable for the failure of a franchisee to be able to perform normal services due to the acts of God or other factors beyond the control of the village.
E. No Property Right: Nothing in this article shall grant to a franchisee any right of property in the village-owned property, nor shall the village be compelled to maintain any of its property any longer than or in any fashion other than in the village's judgment its own business or needs may require.
F. Construction Approval By Village: A franchisee shall not erect any pole, install any underground lines or conduits, run any line, make an attachment, nor shall any construction of any kind be commenced on public property or within any public or utility easement without the prior approval of the superintendent of public works or appropriate department of the village, which approval shall not be unreasonably withheld; and the village shall have and maintain the right to inspect the construction, operation and maintenance of the system by a franchisee to ensure the proper compliance with the terms and conditions codified in this article.
G. Correction Of Defects: In the event a franchisee should violate any of the terms of this article, or any of the rules and regulations as may be from time to time lawfully adopted, the village shall promptly give a franchisee fifteen (15) days' written notice to correct such violation and in the event a franchisee does not make such correction within fifteen (15) days from the receipt of such written notice, the village may make such correction itself and charge the costs of the same to a franchisee, and a franchisee shall pay such charges within fifteen (15) days after the receipt of a statement for such charge from the village. (Ord. 00-31, 8-17-2000)
A franchisee shall be responsible to pay for, or to reimburse the village for, expenses incurred in making, renewing or reviewing any franchise agreement under these regulations; considering and making any modifications to these regulations from time to time; considering and reviewing any alleged violations of these regulations. Such expenses shall include, but not be limited to, costs of public hearing, publishing notice, publication of these regulations to the extent required by law, attorney fees, engineering fees, or other expenses. Such costs shall be paid prior to the approval of any franchise under these regulations, or in the case of an alleged violation, within thirty (30) days after mailing of an invoice for same. (Ord. 00-31, 8-17-2000)
Loading...