(a) No person shall offer to subscribers a cable service or competitive video service within the Village except pursuant to this chapter. A cable operator, however, not electing under Section 721.03
to enter into a franchise agreement under Chapter 721
, may continue to provide cable service under its existing agreement.
(b) All franchise agreements and competitive video service agreements granted by ordinance pursuant to this chapter shall be nonexclusive. Council reserves the right to issue as many permits as it deems advisable in the public interest.
(c) The franchise agreements or competitive video service agreements shall take effect and will be in force from and after the earliest period allowed by law, and upon the filing by the provider with the Village Administrator of its acceptance, in writing, of each and all of the terms and provisions of the franchise agreement or competitive video service agreement; provided, however, if the provider shall fail to file such written acceptance within thirty (30) days after the passage of the ordinance by Council, then the ordinance granting the franchise agreement or competitive video agreement shall be null and void.
(d) If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, or in conflict with rules and regulations of the Federal Communications Commission, then such portion shall be deemed a separate, distinct and independent provision of this chapter, and such holding shall not effect the validity of the remaining portions thereof.
(e) Any franchise agreements or competitive video service agreements executed pursuant to this chapter may be revoked, after a full due process hearing, by a simple majority vote of Council upon the recommendation of the Village Administrator, for violation of material provisions of this chapter, after giving the provider ninety (90) days notice in writing of intention to revoke such permit, unless such violation is corrected during the period of notice, or unless the provider has made a reasonable attempt to correct the violation during that time.
(f) The term of each franchise agreement and competitive video service agreement shall be determined by Council, the effective date to be pursuant to subsection (c) above.
(g) All renewals shall be in accordance with federal law, if applicable.
(Ord. 1264. Passed 6-11-07.)