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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)
A. In addition to providing basic cable television service consisting of broadcast, locally originated, access and automated signals, a franchisee may offer subscribers optional services on a per-program or per-channel basis.
B. A franchisee shall not display the X-rated motion pictures either as part of its basic cable or pay cable services. (Ord. 00-31, 8-17-2000)
A. A franchisee shall not refuse to hire, or discharge from employment, nor discriminate against any person regarding compensation, terms, conditions, or privileges of employment because of sex, age, race, color, creed or national origin.
B. A franchisee shall take affirmative action to ensure that employees are treated during employment without regard to their sex, age, race, color, creed or national origin. (Ord. 00-31, 8-17-2000)
A. A franchisee shall indemnify, defend and hold harmless the village, its officers, boards, commissions, agents and employees against and from any and all claims, demands, suits, actions, liability and judgments for damages for personal injury, including death, and property damage, arising out of its operation of the cable television system franchise granted pursuant to the terms and conditions of this article.
1. The obligation to indemnify, defend and hold harmless shall include, but not be limited to, the following:
a. Injury or death or damage to person or property.
b. Copyright infringement and any failure to secure consent from owners, licensees or distributors of programs to be delivered by a franchisee's system.
c. Installation, operation, and maintenance of the system.
d. Defamation of any person, firm or corporation; libel or slander; invasion of the right to privacy.
e. Failure to comply with any federal, state or local statute, ordinance or regulation applicable to a franchisee.
f. Any and all loss, cost or expense to village, including, but not limited to, reasonable attorney fees in responding to, resulting from or arising out of any claim, demand, suit, action, liability or judgment for damages.
2. The obligation of a franchisee under this section shall exist and continue without reference to or limitation by the amount of any bond, policy of insurance, deposit, undertaking or other assurance required hereunder.
3. Neither a franchisee nor village shall make or enter into any compromise or settlement of any claim, demand, suit, action, liability or any proceeding without first having obtained the written consent of the other.
4. Village shall notify franchisee's representative, within fifteen (15) days, of the making of any claim or demand, or commencement of any suit, action or other proceeding covered by this section.
B. A franchisee shall maintain in full force and effect, at its own expense, for the entire term of the franchise, the following insurance:
1. Franchisee shall carry workers' compensation insurance with statutory limits, and employer's liability insurance with limits of not less than one hundred thousand dollars ($100,000.00), which shall cover all operations to be performed by franchisee as a result of this article.
2. Franchisee shall carry comprehensive general liability and comprehensive vehicle liability insurance for liability due to property damage in the amount of five hundred thousand dollars ($500,000.00) as to any one occurrence and against liability due to injury or death of person, five hundred thousand dollars ($500,000.00) as to any one person and one million dollars ($1,000,000.00) as to any one occurrence. The village shall reserve the right during the term of the franchise to increase or decrease the amount of insurance coverage required, provided that notice in writing is made to the franchise of all increases or decreases in said insurance coverage requirements. A franchisee shall, within sixty (60) days of receipt of that written notice, obtain such insurance coverage as is specified in said notice.
C. A franchisee shall, within thirty (30) days of the grant to it of a franchise pursuant to the terms and conditions of this article, secure and provide, at its expense, a performance bond to be maintained during the term of the franchise.
1. Said bond shall run in favor of the village and shall be in the sum of twenty five thousand dollars ($25,000.00) during the period of any construction of the system which may be required at or prior to the commencement of a franchise.
2. A franchisee shall well and truly observe, fulfill and perform each term and condition of the bond.
3. Said bond shall be reduced to ten thousand dollars ($10,000.00) following completion of construction and at the commencement of service, subject to written certification by the village that franchisee's performance justifies such reduction.
4. Any damages which may be directly occasioned by the failure of a franchisee to perform under its franchise, up to the principal amount of the bond, shall be recoverable from the principals and sureties of said bond by the village.
5. In no event shall the amount of said bond be construed to limit the liability of the franchisee for damages.
D. If a franchisee should commit a breach of the terms or conditions set forth in this article and not remedy such breach within fifteen (15) days after having received written notice from the village to do so, according to the terms of subsection 4-1-13G of this article, the village, at its discretion, may declare a portion of the bond, equivalent to the amount of damages sustained which are directly attributable to such breach, forfeited.
1. In the event of such forfeiture, franchisee shall thereupon be required to remedy the breach with reasonable dispatch, and within thirty (30) days of such forfeiture to replace the forfeited portion of the bond.
2. Notwithstanding the foregoing, nothing contained in this subsection shall serve to absolve franchisee of any of its obligations under this article or the rules and regulations of the Federal Communications Commission.
E. A franchisee shall pay all premiums chargeable for insurance and the bond and shall keep the same in full force and effect at all times throughout the term of the franchise granted to franchisee and during the removal of all poles, wires, cables, underground conduits, manholes and other conductors, converters, equipment and fixtures subsequent to the termination of said franchise. The bond and any and all certificates of insurance shall contain a provision that they shall not be terminated or otherwise allowed to expire prior to thirty (30) days after written notice to that effect is given to the clerk or similar official of the village.
F. All insurance policies required of a franchisee in this article shall be written by a franchisee or companies authorized and qualified to do business in the state of Illinois with capital and/or surplus of not less than three million dollars ($3,000,000.00). Certificates of all coverage required shall be promptly filed by a franchisee with the village, naming the village as an additional insured. (Ord. 00-31, 8-17-2000)
A. A franchisee, any and all of its officers, agents and employees, are specifically prohibited from engaging in the sale, service, rental or leasing of television receivers or television or radio receiver related parts and accessories with any person anywhere in the village, whether for a fee or charge or not. A franchisee shall prohibit any of its officers, agents and employees from violating the terms of this section at all times, whether in the performance of duties of a franchisee or otherwise.
B. A franchisee shall not allow its cable or other operations to interfere with television reception of persons not served by a franchisee, nor shall the system interfere with, obstruct or hinder in any manner the operation of the various utilities serving the residents of the village.
C. A franchisee shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any person, nor subject any person to any prejudice or disadvantage; provided, that nothing in this article shall be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classification would be entitled.
D. A franchisee shall not attempt to or practice any fraud or deceit in its application for, acceptance of, or conduct or relations under the franchise granted, or in its conduct or relations with customers or potential customers.
E. A franchisee may not abandon the system or any portion thereof without having first given three (3) months' written notice to village. A franchisee may not abandon the system or any portion thereof without compensating village for damages resulting from the abandonment.
F. A franchisee shall not file any petition for relief under the United States bankruptcy laws, or allow any such petition to be filed against it; or seek any assignment for the benefit of its creditors.
G. A franchisee shall not commit any act in violation of the terms and conditions of this article, or any applicable franchise agreement; nor shall any franchisee fail to perform any act required under the terms and provisions of this article, or any applicable franchise agreement. (Ord. 00-31, 8-17-2000)
A. A franchisee shall give notice to the village specifying the names and addresses of any other entity, other than franchisee, which franchisee may retain, hire, or employ as an agent, independent contractor, employee or servant to perform services pursuant to the franchise granted to it, provided, however, that all terms and conditions of this article shall remain the responsibility of franchisee. All terms and conditions of this article shall apply to any subcontractor or others performing any work or services on behalf of franchisee. (Ord. 00-31, 8-17-2000)
A. In the event that a franchisee shall perform any act in violation of, or shall fail to perform, or shall fail to perform in a timely manner, any material obligation under this article, or under any applicable franchise agreement, the village may, at its sole option and in its sole discretion:
1. Revoke, terminate or cancel the franchise, and all rights and privileges pertaining thereto.
2. Assess against the franchisee monetary damages not exceeding any limits otherwise set forth in this section, as liquidated damages sustained by the village as a result of the franchisee's act or failure to act or failure to act in a timely manner.
a. Any such assessment shall not constitute a waiver by the village of any other right or remedy it may have under the law, the franchise, or any applicable franchise agreement to recover additional damages, losses, costs, and expenses, including actual attorney fees, resulting from, arising out of, such act, failure to act, or failure to act in a timely manner.
b. This provision for assessment of monetary damages is also intended to be unrelated to the right of the village to enforce any construction and/or performance bond posted by the franchisee.
B. No such remedy shall be imposed by the village without first having afforded the franchisee the procedural rights described in this article. (Ord. 00-31, 8-17-2000)
C. Monetary damages may be assessed by the village for the violations and in the amounts described below, per day for each day that such violation occurs or continues:
1. Failure to offer, provide or maintain cable services to any subscriber and eligible, potential subscriber: fifty dollars ($50.00).
2. Failure to obtain or file with the village clerk evidence of the insurance or bond required by this article: one hundred dollars ($100.00).
3. Failure to file with the village clerk, or to provide access to, data, records, documents or reports required by this article: one hundred dollars ($100.00).
4. Failure to comply with construction or maintenance standards required by this article, including, but not limited to, the standards set forth in subsection 4-1-12A2 of this article: one hundred dollars ($100.00). (Ord. 01-40, 12-6-2001)
D. The village may impose any or all of these remedies against a franchisee for the violations specified, and such remedies shall be in addition to any and all other remedies, at law or in equity, which may be available to the village under any applicable law. (Ord. 00-31, 8-17-2000)
A. In the event that village shall determine in its sole discretion that a franchisee has violated any material provision of this article or any applicable franchise agreement, the village shall then provide franchisee with written notice of such violation, and its intent to seek a remedy in accord with section 4-1-25 of this article.
1. Such notice shall reasonably specify the nature of and basis for finding the alleged violation.
2. Such notice shall allow franchisee a period of forty five (45) days subsequent to receipt of the notice within which to provide evidence that the violation did not occur, to correct the violation, or to provide adequate assurance of performance in compliance with the award of franchise.
B. If the violation is not remedied, or franchisee is not in the process of remedying the violation, or if franchisee has failed to prove to the satisfaction of the village that the violation has not occurred, within the time specified, then the village shall determine whether or not such violation was excusable, in accord with the following procedures:
1. The village shall conduct an informal review of the allegations against the franchisee, pursuant to notice of not less than ten (10) days to the franchisee of the time and place of the review, and at which franchisee shall be given an opportunity to be heard. The reviewing body may be the village board of trustees or a committee thereof designated for such purpose.
2. If such informal review does not result in a satisfactory resolution of the allegations, or the franchisee thereafter requests it by written request delivered to the village clerk within five (5) business days after the date the informal review is concluded, then a public hearing on the allegations shall be conducted before the village board.
C. Franchisee and the village and any interested party shall be allowed to present evidence, to cross examine witnesses, and to present argument to the board prior to its decision. The village shall prepare written findings of fact in support of its decision following the public hearing, and shall promptly notify franchisee of its decision. Either party may provide for a written transcription of the hearing to be made at its own expense.
D. After the written determination by the village to revoke the franchise, after such public hearing, franchisee may appeal said decision to an appropriate state or federal court or agency.
E. During the time any appeal actually filed shall remain pending and undetermined, the franchise shall remain in full force and effect unless the term thereof sooner expires, or unless a tribunal with jurisdiction thereof shall order otherwise. (Ord. 00-31, 8-17-2000)
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