(A) Franchise or state authorization required. Any cable operator or video service provider, including any competitive cable or video service provider, shall be required to either obtain a state-issued authorization pursuant to § 21-401 of the Public Utilities Act (ILCS Ch. 220, Act 5, § 21-401), or obtain a franchise from the city, pursuant to the authority granted to municipalities by state and federal law, to license, franchise and tax the business of operating a cable system or providing cable or video service. To the extent either state or federal law is found to provide broader authority, the powers exercised herein shall be deemed to be based on the broadest grant of authority to the city.
(1) No person may construct, operate, maintain or obtain a permit to construct a cable system or competitive video service system in the city to provide cable or video service in the city without first obtaining a franchise from the city, or a state authorization from the ICC for the construction of such a system.
(2) No person operating a cable system or competitive video service system may provide video programming to any person in the city unless a franchise from the city or state authorization is in full force and effect at all times while such service is being provided. A franchise may provide for terms and conditions different from this chapter if negotiated between a cable operator and the city and approved by the City Council.
(3) No person shall offer a cable or video service to subscribers within the city except pursuant to this chapter.
(B) Franchises.
(1) Non-exclusivity. All franchises granted pursuant to this chapter shall be nonexclusive. The City Council reserves the right to issue as many or as few franchises as it deems advisable in the public interest.
(2) Application. Each applicant for a franchise from the city shall provide the following information:
(a) Information regarding construction. Upon the application for a franchise, the cable operator or video service provider shall provide the city with information, including data relative to proposed and existing construction of the cable system, and changes in operating conditions that may affect or be likely to affect the rights-of-way.
(b) Rate information. An up-to-date copy of all the cable operator's or video service provider's rates, rules, regulations and policies required pursuant to the Cable and Video Customer Protection Law (ILCS Ch. 220, Act 5, §§ 22-501 et seq.), which is adopted by reference in § 123.06 of this chapter, shall be provided to the City Administrator upon request, and shall be provided to all subscribers.
(3) City action on applications. The city shall act expeditiously on any request for a franchise, so as to allow the prompt provision of cable service, while ensuring that the public interest is met, and that residents are not discriminated against based on race, ethnic status, income, area in which they live, or other inappropriate basis.
(4) Franchise requirements. Each franchisee shall meet all of the following requirements:
(a) Applicants for a cable franchise shall specify in their application for a franchise the geographic area within the corporate limits of the city in which the applicant has provided or will provide cable service, and the timeframe in which any additional cable service will be provided.
(b) To observe all applicable right-of-way, zoning, taxation and construction ordinances, codes, rules and regulations, in accordance with the provisions of this code.
(c) To designate a sufficient amount of capacity on its cable system to allow the provision of public, educational and governmental access consistent with the provisions of the Cable Act.
(d) To establish customer service standards and customer privacy protections as set forth in the Cable and Video Customer Protection Law.
(C) Requirements for holders. Each holder shall meet all the requirements set forth in division (B)(4)(b) through (d) of this section.
(D) Grant of authority. In accordance with this code, and upon providing evidence of state authorization from the ICC or obtaining a franchise from the city, a cable operator or video service provider is authorized to occupy or use the rights-of-way within the geographical boundaries of the city to construct, operate, maintain, repair and upgrade existing facilities, and install new facilities for the purpose of providing cable or video service within the geographical boundaries of the city.
(E) Revocation. Any franchise executed pursuant to this chapter, or any permit granted pursuant to this chapter or Chapter 95, may be revoked for violation of material provisions of this chapter, or violation of the franchise, by a simple majority vote of the City Council upon the recommendation of the City Administrator, after giving the franchisee or permittee 60 days' notice in writing of intention to revoke such franchise or permit, and after a hearing.
(F) Enforcement and penalties. Any person constructing, maintaining, operating or offering to subscribers any cable or video service within the city in violation of this chapter shall be subject to a penalty under this provision. The City Administrator, or a designee, shall provide reasonable notice of the violations and conduct a hearing before imposition of a penalty. The cable operator or video service provider shall be entitled to appeal the decision of the City Administrator or designee to the City Council. The appeal shall be filed with the City Clerk no later than 14 days after the decision of the City Administrator, or a designee, and imposition of the penalty or other enforcement.
(Ord. 10-52, passed 4-26-11; Am. Ord. 13-54, passed 11-12-13)