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3-1-10-8: PUBLIC, EDUCATION AND GOVERNMENT ACCESS:
   A.   A grantee shall provide capacity for the village's noncommercial public, educational and governmental ("PEG") programming through one channel on the grantee's cable system. A grantee may offer such PEG programming on its basic digital tier of service and such programming shall be provided consistent with section 611 of the cable act, as amended from time to time.
   B.   A grantee shall comply with applicable requirements of section 21-601(d) of the cable and video service competition law for the purpose of facilitating public, educational and governmental programming.
   C.   A franchise agreement may provide that, if the village elects to provide equipment or capital improvements for PEG access use from schools or village facilities, then the following procedures shall apply. At such time that the village determines that it wants to establish capacity to allow subscribers to receive PEG access programming originated from schools or village facilities, or at such time that the village determines that it wants to change or upgrade a location from which PEG access programming is originated, the village will give the grantee written notice detailing the point of origination and the capability sought by the village. Within a reasonable period of time the grantee and the village shall mutually develop a plan and cost estimate to implement the changes desired by the village. The grantee shall review the equipment and capital improvements specified in such plan to assure the proper connectivity to grantee's facilities and operation of the PEG channel for its intended purposes. Provided the village has authorized the expenditures necessary to pay for the implementation of the plan, the village may then give notice to the grantee directing the grantee to impose monthly PEG fees on the grantee's cable system customers within thirty (30) days after receipt of the village's notice. The village shall determine the monthly PEG fees in consultation with the grantee to assure an adequate amortization of the PEG system costs over the appropriate period of time, taking into account any contribution made by the grantee. If the grantee will implement any necessary system changes on account of such programming, the village shall enter into an agreement with the grantee to provide for such work and the reimbursement of the grantee for its expenditures. Such agreement may also provide for the grantee to be reimbursed from PEG fees, but otherwise the grantee shall remit collected PEG fees to the village with each monthly payment of franchise fees. (Ord. 09-4-5, 4-7-2009)
3-1-10-9: EMERGENCY ALERT OVERRIDE SYSTEM:
A grantee shall comply with all applicable requirements of the federal communications commission involving the distribution and notification of federal, state, and local emergency messages over the emergency alert system applicable to cable operators. (Ord. 09-4-5, 4-7-2009)
3-1-10-10: TECHNICAL PERFORMANCE; DESCRIPTION OF SYSTEM:
   A.   A grantee shall comply with all applicable technical standards of the FCC as published in 47 CFR, part 76, subpart K; provided, that the village reserves the right to adopt and enforce technical standards to the extent allowed by federal law. If such village authority is expanded during the duration of a franchise granted under this section 3-1-10, the village may choose to exercise its authority at its own discretion.
   B.   On or about the anniversary of the effective date of a franchise, the village may schedule a public meeting or meetings with the grantee to review the franchise performance, plans and prospects. At any time during the term of the franchise, the village may require the grantee to make available specified information to determine if the grantee is supplying a level and variety of services equivalent to those being generally offered in comparable markets, and to evaluate the franchisee's performance under the franchise agreement.
   C.   A grantee, upon request of the village, shall provide the village with information describing the location of its cable service facilities and equipment located in the village's public ways and regarding technical characteristics, channel capacity, and channel carriage. A grantee shall provide the village with an updated description, upon request or whenever substantial changes in the cable system are made. If any such information is designated by the grantee as confidential, such information provided pursuant to this subsection shall be exempt from inspection and copying under the Illinois freedom of information act, 5 Illinois Compiled Statutes 140/1 et seq., pursuant to exemption provided for under 5 Illinois Compiled Statutes 140/7(1)(mm) and any other present or future exemptions applicable to such information and shall not be disclosed by the village to any third party without the written consent of the grantee. (Ord. 09-4-5, 4-7-2009)
3-1-10-11: CUSTOMER SERVICE STANDARDS:
Grantees shall comply with the customer service and protection provisions of section 22-501 of the cable and video customer protection law, which provisions are incorporated by reference in this section 3-1-10-11. Subject to the preceding, a grantee may promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the grantee to exercise its rights and perform its obligations under the franchise and to assure uninterrupted service to all its subscribers. However, such rules, regulations, terms and conditions shall not be in conflict with the provisions of this section 3-1-10, or applicable federal or state law or regulation. A grantee shall provide annually, without the need for a request from the village, its annual public report that includes performance data, disaggregated for the village and containing the information set forth in section 22-501(g) of the cable and video customer protection law. (Ord. 09-4-5, 4-7-2009)
3-1-10-12: FRANCHISE FEE:
   A.   As compensation for permission to use the streets and public ways of the village for the construction, operation, maintenance, modification, and reconstruction of a cable system, and for the village's costs in establishing a regulatory program for a grantee, a grantee shall pay to the village an annual amount equal to five percent (5%) of such grantee's annual gross revenues.
   B.   If at any time during the duration of a franchise agreement, the village is authorized to collect an amount in excess of five percent (5%) of the grantee's gross revenues, then the village may unilaterally amend the franchise agreement by ordinance following a public hearing on the matter, provided such amendment is competitively neutral. Such ordinance shall provide that such excess amount shall be added to the franchise fee payments to be paid by the grantee to the village. The revised franchise payment shall not take effect until at least ninety (90) days prior to the written notice from the village to the grantee of the ordinance implementing the increase in the amount of the franchise fee.
   C.   The franchise fee shall be paid at the office of the village clerk of the village on a calendar quarterly basis and paid within forty five (45) days after the close of the calendar quarter. Each payment made by a grantee shall be accompanied by a statement, explaining the basis for the calculation of the fee. If mailed, the fee shall be considered paid on the date it is postmarked.
   D.   In the event that any franchise payment is not made on or before the dates specified herein, the grantee shall pay an interest charge, computed from such due date, at the default rate specified in the franchise agreement. (Ord. 09-4-5, 4-7-2009)
3-1-10-13: AUDIT RIGHTS:
   A.   A grantee shall maintain books of accounts and records adequate to enable the grantee to demonstrate that it is in compliance with the obligation to pay the franchise fees required of grantee in this section 3-1-10 and its franchise agreement. A grantee shall not be required to maintain books and records for compliance purposes under this section 3-1-10 for a period longer than four (4) years. Upon reasonable prior written notice, during normal business hours at a grantee's business office located in the Chicago metropolitan area, the village shall have the right to inspect or cause an audit to be made of a grantee's relevant books and records for the purpose of verifying the correct amount of any payment required to be made by a grantee under this section 3-1-10.
   B.   Unless otherwise provided in a franchise agreement, in the event of a discrepancy between the franchise fee paid and the amount of the verified audit of the grantee's books and records, the grantee shall pay to the village the amount of the underpayment within thirty (30) days of the verification of the discrepancy, plus an interest charge on the deficiency at the rate set forth in the franchise agreement. No acceptance of any payment by the grantee to the village shall be construed as a release or as an accord and satisfaction of any claim the village may have for further or additional sums payable as a franchise fee or for the performance of any other obligation of the grantee.
   C.   A grantee shall not be required to disclose information that it reasonably deems to be confidential or proprietary, nor disclose any of its or an affiliate's books and records not directly related to such grantee's compliance with its obligations under this section 3-1-10. The village agrees to treat any information disclosed by a grantee and clearly marked by such grantee as confidential or proprietary in a manner that protects such confidential and proprietary information and to limit disclosure, to the extent permitted by law, to employees, representatives and agents of the village that have a need to know in order to enforce this section 3-1-10. (Ord. 09-4-5, 4-7-2009)
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