§ 116.016 FRANCHISE REQUIRED.
   (A)   (1)   No person may construct, operate or maintain a cable system or provide cable service over a cable system within the village without a franchise granted by the village authorizing the activity.
      (2)   No person may be granted a franchise without having entered into a franchise agreement with the village pursuant to this code.
      (3)   For the purpose of this provision, the operation of part or all of a cable system within the village means the use or occupancy by facilities of public rights-of-way within the village whether or not any subscriber within the village is served.
      (4)   A system shall be deemed as using or occupying public rights-of-way even though the use or occupancy is solely by reason of use of distribution facilities furnished by a telephone or other company pursuant to tariff or contract. A system shall not be deemed as operating within the village even though service is offered as operating within the village even though service is offered or rendered to one or more subscribers within the village, if no public right-of-way is used or occupied.
      (5)   The location within the village of a microwave or similar relay, interconnection or program origination facility not involving the use or occupancy of public rights-of-way shall not be deemed operation within the village.
      (6)   In all respects, franchise agreements shall be issued so as to provide equal protection under the law and to prevent unlawful disparate treatment of persons which operate or construct cable systems or provide cable services over a cable system, including as required by ILCS Chapter 65, Act 5, § 11-42-11.
   (B)   (1)   To the extent a common carrier or any other person is providing video programming to subscribers using radio communications, the common carrier or other person must obtain a franchise as required pursuant to this code but shall not be subject to requirements imposed by the cable act through this code.
      (2)   To the extent a common carrier is providing transmission of video programming on a common carrier basis, the common carrier must obtain a franchise as required pursuant to this code but shall not be subject to requirements imposed by the cable act through this code, but this section shall not affect the treatment of a facility of a common carrier as a cable system. To the extent a common carrier or any other person is providing video programming by means of an open video system pursuant to certification approved by the FCC, the common carrier or other person need not obtain a franchise pursuant to this code, but shall be subject to requirements imposed by the Cable Act through this code as permitted by federal law, and shall pay to the village fees on gross revenues for the provision of cable service equal to and in lieu of the franchise fee imposed hereunder on cable operators in accordance with the provisions of this code.
      (3)   To the extent that a common carrier is providing video programming to its subscribers in a manner other than that described above in this division (B), the common carrier must obtain a franchise, as required pursuant to this code, and shall be subject to requirements imposed by the Cable Act through this code.
(`92 Code, § 8-1-29) (Ord. 96-19, passed 10-2-96)