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(A) Adoption: The regulations of 220 Illinois Compiled Statutes 5/70-501 are hereby adopted by reference and made applicable to the cable or video providers offering services within the village's boundaries.
(B) Amendments: Any mandatory amendment to the cable and video customer protection law that becomes effective after the effective date of this chapter shall be incorporated into this chapter by reference and shall be applicable to cable or video providers offering services within the municipality's boundaries. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this chapter by reference without formal action by the corporate authorities of the village. (Ord. 2007-4148, 11-5-2007)
The village, pursuant to 220 Illinois Compiled Statutes 5/70-501(r)(1), does hereby declare that for any material breach of the standards and requirements of the cable and video customer protection law, as incorporated by reference in this chapter, a cable or video provider shall be subject to monetary penalties as established in Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”. Such penalties shall be in addition to the penalties provided in the law and shall not represent the village's exclusive remedy for any material breach. All monetary penalties shall apply on a competitively neutral basis.
(A) "Material breach" means any substantial failure of a cable or video provider to comply with service quality and other standards specified in any provision of the law.
(B) The village shall give the cable or video provider written notice of any alleged material breaches of the law and allow such provider at least thirty (30) days from the receipt of the notice to remedy the specified material breach.
(C) A material breach, for the purposes of assuming penalties, shall be deemed to occur for each day that a material breach has not been remedied by the cable or video service provider after the notice in subsection (B) of this section.
(D) The board of trustees hereby delegates authority to levy penalties to the village manager.
(E) Any decision of the village manager to levy penalties may be appealed to the board of trustees, which shall conduct a hearing on the alleged material breach and penalties levied therefor within twenty one (21) days following receipt of the cable or video providers request for an appeal. (Ord. 2007-4151, 11-19-2007; amd. Ord. 2021-4921, 9-20-2021)
The village hereby adopts and incorporates by reference the schedule of customer credits for violations of the law provided for in the provisions of 220 Illinois Compiled Statutes 5/70-501(s). Those credits shall be applied on the statement issued to the customer for the next billing cycle following the violation or following the discovery of the violation. The cable or video provider is responsible for proactively providing the credits and the customer is under no obligation to request the credit. (Ord. 2007-4148, 11-5-2007)