A. Subscriber Control of Pay-Per-View. The Grantee shall give each Subscriber the option of not having pay-per-view type services provided. Further, upon a Subscriber’s request, the Grantee shall provide such service only after a security code selected by the Subscriber is provided to the Grantee on each occasion a pay-per-view program is requested. The Grantee shall establish and notify Subscribers of a system by which Subscribers may establish and put into effect the security codes. No charge shall be imposed for any service under this § 5.28.310A.
B. Blocking Devices. Devices capable of blocking the audio and video portion of channels which a Subscriber wishes blocked during periods selected by the Subscriber shall be provided by Grantee to any Subscriber upon request. The blocking device or system shall be provided free of cost to the Subscriber. Further, upon a Subscriber’s request, the Grantee shall entirely block the audio and visual portions of any channel at no cost to the Subscriber.
C. System Review. To provide for technological, economic and regulatory changes in the state of the art of cable communications, to facilitate renewal procedures, to promote the maximum degree of flexibility in the Cable System and to achieve a continuing, advanced modern system, the following system and services review procedures are hereby established:
1. At the County’s sole option, the County may hold public hearings on or about the second anniversary date of the Franchise at which the Grantee shall be present and shall participate, to review the cable communications system and service.
2. Sixty days prior to the scheduled system and service review hearings, the Grantee shall submit a report to the County indicating the following:
a. All Cable System services reported in cable industry trade journals that are being commonly provided on an operational basis, excluding tests and demonstrations, to communities in the State of Illinois with comparable populations, that are not provided to the County.
b. Any specific plans for provision of such new services by the Grantee, or a justification indicating why the Grantee believes that such services are not feasible for the Service Area.
3. Topics for discussion and review at the system and services review hearing shall include, but shall not be limited to, services provided, feasibility of providing new services, application of new technologies, system performance, programming, Subscriber complaints, rights of privacy, amendments to the Franchise Agreement, if any, service rate structures, Franchise Fees, liquidated damages, construction, installation and disconnection of service, undergrounding processes, developments in the law and regulatory constraints.
4. Either the County or the Grantee may select additional topics for discussion at any review hearing.
D. Inspection of Facilities. The Grantee shall allow the County to make inspections of any of the Grantee’s facilities and equipment at any time upon at least 10 days notice, or in case of emergency, upon demand without prior notice, to allow the County to verify the accuracy of any submitted report.
E. No Waiver. Neither this Ordinance or the Franchise Agreement, if any, relieves Grantee from the obligation of obtaining any required municipal, state, county or federal permits, licenses or approvals for the construction, maintenance or operation of the Cable System.
F. Line Tapping. A Grantee shall not tap or monitor, nor allow any other entity to tap or monitor, any line, cable, input device or other device without the written consent of the affected Subscriber, which consent may be withdrawn at any time.
G. Governing Law. This Ordinance shall be construed under the laws of the State of Illinois and the United States of America.
H. Provision of Documents. The Grantee shall provide to the County copies of any pleadings, reports, applications or other documents which Grantee files or delivers to any court, the FCC or any other regulatory agency which in any way relates to a change or challenge to the provisions of this Ordinance or the Franchise Agreement, if any, within 10 days of said delivery. The Grantee shall notify the County if it becomes, in any way, involved in any lawsuit or other action in anyway related to the County or this Ordinance or Franchise Agreement, if any.
I. No Liability. Nothing in this Ordinance or Franchise Agreement, if any, or in § 635A of the Communications Act of 1934, as amended, shall be construed as creating or authorizing liability of any kind by the County or any official, member, employee, attorney or agent of such entity, under any law, for any action or failure to act relating to Cable Services, the Cable System, the cable television business or the granting of a Franchise.
J. Other Governmental Approvals. The Grantee shall not provide, or allow others to provide, any telecommunications services (as defined by the Telecommunications Act of 1996 and subsequent amendments thereto) over the Cable Television System without first obtaining the governmental approval(s), including franchises or licenses for such services as shall be required by law.
(Ord. O-200203-12-002, passed 3-5-2002)