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(A) The city may establish a cable advisory committee to advise it on matters related to the use of cable systems and facilities. Unless otherwise provided, any such committee shall consist of five residents of the city appointed by the Mayor and confirmed by the Council. If such a committee is to have a continuing or indefinite existence, members shall serve for overlapping terms of five years, or until their successors are appointed and confirmed. A vacancy on the committee shall be filled for the unexpired term of the departing member.
(B) An advisory committee shall advise the city on matters related to the use of cable communications operations as specified by the Mayor or Council at the time of its establishment. Its functions may be modified from time-to-time by the Mayor or Council.
(C) Members of an advisory committee shall receive no compensation for their services except reasonable and necessary expenses as may be provided in the budget.
(Ord. 89-15, passed 5-8-89)
(A) The city may periodically evaluate the performance of a franchisee during the franchise term. A franchisee shall cooperate fully with these evaluations and supply the city with all relevant information requested. If the city desires to implement a survey of subscribers in connection with its evaluation of service, a franchisee shall distribute the city’s questionnaire to its subscribers. Any meetings between the city and the franchisee for purposes of evaluation shall be publicized in advance and open to the public.
(B) If evaluation indicates the need for modification to the franchise agreement, the city shall attempt to negotiate the necessary changes. The city shall issue a report to the Council of the results of the performance evaluation and any recommended changes to the franchise agreement as negotiated with the franchisee.
(C) The Council may hold a public hearing on any performance evaluation reports. Any franchise agreement modifications must be approved by the Council before they become effective.
(Ord. 89-15, passed 5-8-89)
(A) The City Clerk shall have the responsibility for overseeing the day-to-day administration of cable communication operations within the city as governed by this chapter and the applicable franchise agreement. The City Clerk shall be empowered to take all administrative actions on behalf of the city except for those actions specified herein which are reserved to the Council or other named entity.
(B) The Council has the sole authority to grant franchises, authorize the execution of franchise agreements, modify franchise agreements, renew franchises, revoke franchises, and authorize the transfer of franchises. Where this chapter or a franchise agreement specifies that a certain action will be taken by the Council or other named city entity, that action is reserved to the named entity.
(C) All filings and reports required of franchisees or applicants pursuant to this chapter or a franchise agreement shall be made with the City Clerk unless otherwise specified.
(Ord. 89-15, passed 5-8-89)
This chapter, or an amendment thereto, shall be applicable to all cable franchises issued by the city, whether or not such franchises were: issued prior to the effective date of this chapter or an amendment thereto. However, this chapter shall not act to unilaterally abrogate prior contractual commitments of the city as contained in any franchise agreement.
(Ord. 89-15, passed 5-8-89)
CABLE/VIDEO SERVICE PROVIDER FEE AND PEG ACCESS SUPPORT FEE
For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CABLE SERVICE. That term as defined in 47 U.S.C. § 522(6).
COMMISSION. The Illinois Commerce Commission.
GROSS REVENUES. All consideration of any kind or nature, including, without limitation, cash, credits, property, and in-kind contributions received by the holder for the operation of a cable or video system to provide cable service or video service within the holder's cable service or video service area within the city.
(1) GROSS REVENUES shall include the following:
(a) Recurring charges for cable or video service.
(b) Event-based charges for cable service or video service, including, but not limited to, pay-per-view and video-on-demand charges.
(c) Rental of set top boxes and other cable service or video service equipment.
(d) Service charges related to the provision of cable service or video service, including but not limited to activation, installation, and repair charges.
(e) Administrative charges related to the provision of cable service or video service, including but not limited to service order and service termination charges.
(f) Late payment fees or charges, insufficient funds check charges, and other charges assessed to recover the costs of collecting delinquent payments.
(g) A pro rata portion of all revenue derived by the holder or its affiliates pursuant to compensation arrangements for advertising or for promotion or exhibition of any products or services derived from the operation of the holder's network to provide cable service or video service within the city. The allocation shall be based on the number of subscribers in the city divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement.
(h) Compensation received by the holder that is derived from the operation of the holder's network to provide cable service or video service with respect to commissions that are received by the holder as compensation for promotion or exhibition of any products or services on the holder's network, such as a "home shopping" or similar channel, subject to division (i) below.
(i) In the case of a cable service or video service that is bundled or integrated functionally with other services, capabilities, or applications, the portion of the holder's revenue attributable to the other services, capabilities, or applications shall be included in the gross revenue unless the holder can reasonably identify the division or exclusion of the revenue from its books and records that are kept in the regular course of business.
(j) The service provider fee permitted by ILCS Ch. 220, Act 5, § 21-801(b).
(2) GROSS REVENUES do not include any of the following:
(a) Revenues not actually received, even if billed, such as bad debt, subject to ILCS Ch. 220, Act 5, § 21-801(c)(1)(vi).
(b) Refunds, discounts, or other price adjustments that reduce the amount of gross revenues received by the holder of the state-issued authorization to the extent the refund, rebate, credit, or discount is attributable to cable service or video service.
(c) Regardless of whether the services are bundled, packaged, or functionally integrated with cable service or video service, any revenues received from services not classified as cable service or video service, including, without limitation, revenue received from telecommunication services, information services, or the provision of directory or internet advertising, including yellow pages, white pages, banner advertisement, and electronic publishing or any other revenues attributed by the holder to noncable service or nonvideo service in accordance with the holder's books and records and records kept in the regular course of business and any applicable laws, rules, regulations, standards, or orders.
(d) The sale of cable services or video services for resale in which the purchaser is required to collect the service provider fee from the purchaser's subscribers to the extent the purchaser certifies in writing that it will resell the service within the city and pay the fee permitted by ILCS Ch. 220, Act 5, § 21-801(b) with respect to the service.
(e) Any tax or fee of general applicability imposed upon the subscribers or the transaction by a city, state, federal, or any other governmental entity and collected by the holder of the state-issued authorization and required to be remitted to the taxing entity, including sales and use taxes.
(f) Security deposits collected from subscribers.
(g) Amounts paid by subscribers to "home shopping" or similar vendors for merchandise sold through any home shopping channel offered as part of the cable service or video service.
(3) Revenue of an affiliate of a holder shall be included in the calculation of gross revenues to the extent the treatment of the revenue as revenue of the affiliate rather than the holder has the effect of evading the payment of the fee permitted by ILCS Ch. 220, Act 5, § 21-801(b) which would otherwise be paid by the cable service or video service.
HOLDER. A person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to ILCS Ch. 220, Act 5, § 21-401.
PEG. Public, education and governmental.
PEG ACCESS SUPPORT FEE. The amount paid under this subchapter and ILCS Ch. 220, Act 5, § 21-801(d) by the holder to the city for the service areas within its territorial jurisdiction.
SERVICE. The provision of cable service or video service to subscribers and the interaction of subscribers with the person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to ILCS Ch. 220, Act 5, § 21-401.
SERVICE PROVIDER FEE. The amount paid under this subchapter and ILCS Ch. 220, Act 5, § 21-801 by the holder to a city for the service areas within its territorial jurisdiction.
VIDEO SERVICE. Video programming and subscriber interaction, if any, that is required for the selection or use of such video programming services, and which is provided through wireline facilities located at least in part in the public right-of-way without regard to delivery technology, including internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider defined in 47 U.S.C. § 332(d) or any video programming provided solely as part of, and via, service that enables users to access content, information, electronic mail, or other services offered over the public internet.
(Ord. 08-03, passed 5-10-08)
(A) Fee imposed. A fee is hereby imposed on any holder providing cable service or video service in the city.
(B) Amount of fee. The amount of the fee imposed hereby shall be 5% of the holder's gross revenues.
(C) Notice to the city. The holder shall notify the city at least ten days prior to the date on which the holder begins to offer cable service or video service in the city.
(D) Holder's liability. The holder shall be liable for and pay the service provider fee to the city. The holder's liability for the fee shall commence on the first day of the calendar month following 30 days after receipt of the ordinance adopting this subchapter by the holder. The ordinance adopting this subchapter shall be sent by mail, postage prepaid, to the address listed on the holder's application notice sent pursuant to ILCS Ch. 220, Act 5, § 21-401(b)(6) to the city.
(E) Payment date. The payment of the service provider fee shall be due on a quarterly basis, 45 days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee.
(F) Exemption. The fee hereby imposed does not apply to existing cable service or video service providers that have an existing franchise agreement with the city in which a fee is paid.
(G) Credit for other payments. An incumbent cable operator that elects to terminate an existing agreement pursuant to ILCS Ch. 220, Act 5, § 21-301(c) with credit for prepaid franchise fees under that agreement may deduct the amount of such credit from the fees that operator owes under division (B) above.
(Ord. 08-03, passed 3-10-08)
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