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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)
A. A franchisee shall pay to the village as a franchise fee based on the amount of gross revenue received by the franchisee for monthly basic cable television services rendered to customers located within the village, in an amount not to exceed that allowed by law. Franchisee shall furnish the village with an operating report showing franchisee's annual gross revenue and such other information as the village shall reasonably require with respect to properties and expenses related to franchisee's services within the village for such period.
B. All payments as required by franchisee to the village shall be made annually, on a calendar year basis, and shall be due forty five (45) days after the end of the year. In the event that the franchise is terminated at some time other than the end of a calendar year, payment shall be due through the last day of the franchise, and payment shall be made within forty five (45) days after the date of termination.
C. Acceptance of any such payment by the village shall not in any case be construed as a release, or an accord and satisfaction of any claim the village may have for further or additional sums as a franchise fee, or for the performance of any other obligation of franchisee.
D. In the event that any payment is not made when due, the village shall be entitled to charge and collect, and franchisee shall pay to the village, an amount equal to five percent (5%) as a late penalty to defray the additional expense and costs incurred by the village by reason of the delinquent payment, together with interest at the rate of twelve percent (12%) per annum until paid.
E. Any pass through of the franchise fee to the customers shall be in accord with federal law. (Ord. 00-31, 8-17-2000)
A. Except as otherwise provided in this article, a franchisee shall have the right, privilege and authority to charge such rates and charges to its subscribers for its services as may be fixed by agreement of the village and franchisee as part of the grant of franchise process, and are otherwise in accord with federal law.
B. Multi-user rates and charges may be negotiated between a franchisee and the subscriber, but in no event shall the multi- user rates and charges for any subscriber exceed the aggregate rates and charges which would be charged to the multi-user if computed on the basis of single-user rates and charges.
C. In addition to the specified monthly service rate, a franchisee may add to that rate, taxes for fees imposed upon a franchisee's gross subscriber revenues by village, state, or federal governmental or legislative bodies and fees or charges imposed upon a franchisee for the use and distribution of copyrighted program material.
D. A franchisee may, at its own discretion, waive, reduce or suspend connection fees for specific or indeterminate periods and/or monthly service fees for promotional purposes.
E. The village may assume regulation of rates paid by subscribers, in accord with powers granted it by either the FCC or federal or state law, at any time during the term of any franchise, unless otherwise specifically agreed by the village and any franchisee at the time any such franchise is awarded. (Ord. 00-31, 8-17-2000)
A franchisee shall keep full, true, accurate and current books of account, which books and records and all other pertinent books, records, maps, plans, financial statements and other like materials, shall be made available for inspection and copying by the village upon reasonable notice and during normal business hours. (Ord. 00-31, 8-17-2000)
A. Any franchisee shall maintain a regional office and a twenty four (24) hour toll-free telephone number and provide the village clerk's office with the name, address and telephone number of a person who will act as franchisee's agent to receive complaints regarding quality of service, equipment malfunctions and similar matters.
1. A franchisee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Any scheduled service interruption shall be preceded by notice on the community bulletin board, and shall occur during periods of minimum use of the system.
2. Each and every complaint from any subscriber shall be investigated and acted upon at no charge to customer as soon as possible. A franchisee shall use best efforts under normal operating conditions during normal business hours to ensure that a minimum average of ninety percent (90%) of all callers for service (measured on a quarterly basis) will not be made to wait more than one minute before being connected to a trained customer service representative, and shall receive a busy signal less than three percent (3%) of the time (measured on a quarterly basis). Inquiries made outside of normal business hours may be answered by a service or automated response system, and such calls shall be responded to by a trained customer service representative no later than the next business day.
3. A franchisee shall maintain sufficient installation staff to provide a standard installation of service to new customers within seven (7) days after receipt of a request for service, provided the new customer otherwise qualifies for service under the terms of this article. This standard shall be met not less than ninety five percent (95%) of the time, measured on a quarterly basis.
4. A franchisee shall schedule all appointments for installation of service at a specific time by agreement with the customer, or within a four (4) hour time frame. Provided, franchisee shall not cancel any scheduled appointment with a customer after the close of business on the day before the scheduled appointment; franchisee will notify the customer as soon as practicable if its installer will be late for the appointed time or not able to keep the appointment; and any missed appointment will be promptly rescheduled at a time which is convenient for the customer during normal business hours. These standards shall be met not less than ninety five percent (95%) of the time, measured on a quarterly basis.
5. A franchisee shall maintain a repair force of technicians who, under normal operating conditions, are capable of responding to customer requests for service within the following time frames:
a. Twenty four (24) hours for individual or isolated service interruption, being interruption of sound or picture or both affecting two percent (2%) or less of all customers, identified by customer request for service;
b. Two (2) hours for system interruption, being interruption of sound or picture or both on one or more channels affecting more than two percent (2%) of all customers, identified by customer request for service; and
c. Forty eight (48) hours for a problem identified by customer request for service concerning the quality of sound or picture on any one or more channels.
6. A franchisee shall respond to requests for service described in subsection A5 of this section within the times prescribed therein not less than ninety five percent (95%) of the time, measured on a quarterly basis. A franchisee shall be deemed to have responded to a request for service when a technician arrives at the service location and begins work on resolving the problem. For any customer not at the location upon the arrival of the technician, franchisee shall be deemed to have responded provided the technician leaves a written notification to the customer of his/her arrival.
B. A franchisee shall provide to system customers, at the request of the customer, a credit equal to one-thirtieth (1/30) of one months' charges for any service interruption greater than four (4) hours in any twenty four (24) hour period, up to seven (7) days in one month. For service interruptions of more than four (4) hours during any twenty four (24) hour period, occurring more than seven (7) times in one month, franchisee shall provide at customer's request a credit equal to one month's full charges.
C. A franchisee shall by appropriate means, such as a card or brochure, as subscribers are connected or reconnected for making inquiries and/or complaints, including the name, address and telephone numbers of the employee or employees or agent to whom such inquiries or complaints are to be addressed.
D. A franchisee shall not exercise deceptive sales procedures when marketing its cable communications services within the village. A franchisee shall have the right to market such services door-to-door during reasonable hours consistent with local ordinances and regulation.
E. A franchisee shall make available to any customer at customer's request, free of charge, a lockout device capable of blocking the reception of audio and video portions of channels which the customer wishes to block.
F. A franchisee shall keep a written maintenance service log, such log by computer in a form capable of retrieval and reproduction, which indicates the nature of each service complaint, the date and time it was received, the disposition of said complaint and the time and date thereof. Said log shall be made available for periodic inspection by the village. Franchisee shall within ten (10) business days and upon reasonable notice from the village demonstrate compliance with any or all of the standards prescribed in this section, providing to the village sufficiently detailed information to evidence the extent of compliance. (Ord. 00-31, 8-17-2000)
A. A franchisee shall not permit the transmission of any signal, aural, visual or digital, including "polling" the channel selection, from any subscriber's premises without first obtaining written permission of the subscriber. This provision is not intended to prohibit the use of transmission of signals useful only for the control or measurement of system performance.
B. A franchisee shall not permit the installation of any special terminal equipment on any subscriber's premises that will permit transmission from subscriber's premises of two-way services utilizing aural, visual or digital signals without first obtaining written permission of the subscriber.
C. It shall be unlawful for any person to attach or affix, or cause to be attached or affixed, any equipment or device which allows access or use of the cable television service without payment to a franchisee for same.
D. Further provisions for the protection and disclosure of personally identifiable information are contained in the Cable Communications Policy Act of 1984. A franchisee shall notify each subscriber of such provisions at the time of subscriber connection. (Ord. 00-31, 8-17-2000)
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