(A) General rules. The CATV system of a grantee receiving a franchise shall:
(1) Be capable of relaying to subscriber terminals television and radio broadcast signals;
(2) Be constructed with the capability of two-way digital signal transmission;
(3) Distribute color television signals which it receives;
(4) Be constructed and operated so as not to interfere with the television reception of persons not served by the grantee and so as not to interfere with, obstruct or hinder in any manner the operation of any utility serving the village;
(5) Provide at least one channel, without charge, for exclusive use of the village and other governmental agencies;
(6) Provide at least one channel, without charge, for use by the public school system; provided, however, the Village Council may waive this requirement at the time a franchise is granted if the franchise so granted provides for the addition of said channel by the grantee at the request of the Village Council, after the Village Council has determined there is a demand for said channel; and
(7) Provide at least one channel as a public access channel for use by civic groups and interested citizens; provided, however, the Village Council may waive this requirement at the time a franchise is granted if the franchise so granted provides for the addition of said channel by the grantee at the request of the Village Council, after the Village Council has determined there is a demand for said channel.
(B) Additional services. The cable television system may also engage in the business of:
(1) Transmitting original cablecast programming not received through television broadcast signals;
(2) Transmitting television pictures, film and videotape programs, not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers or subscribers; and/or
(3) Transmitting and receiving all other signals: digital, voice and audio-visual.
(C) Refusal of service. No person, firm or corporation within the service area of the grantee, and where trunk lines are in place, shall be refused service; provided, however, that the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or service charges.
(D) Service standards. The grantee shall:
(1) Correct malfunctions promptly but in no event later than 24 hours after occurrence; in the event it should be impossible or impractical to correct any malfunctions within 24 hours, then each subscriber whose reception is so disrupted shall receive a rebate from the grantee in the amount of one thirtieth of such subscriber’s monthly charge for every additional 24-hour period that said subscriber’s television reception is so disrupted, unless said disruption in service was entirely beyond the control of the grantee;
(2) Answer all complaints by subscribers;
(3) Planned interruptions of service, insofar as possible, shall be preceded by a notice given to subscribers 24 hours in advance and shall occur during periods of minimum use of the system;
(4) Maintain an office in the village, which office shall be open during the usual business hours, with a local telephone number listed in directories of the telephone company serving the village, which office shall be so operated that complaints and requests for repairs or adjustments may be received at any time, 24 hours a day, seven days a week, provided, however, that the Village Council may waive the requirement of maintaining an office in the village, if the grantee shall maintain an office in the area, subject to the same standards as if in the village, and provide an agent in the village to receive payments and accept complaints; and
(5) Provide notice of such office, or area office and local agent, and the grantee’s complaint procedure to each subscriber at the time of initial subscription to the system.
(E) Complaint procedures. The Committee shall have primary responsibility for the administration of complaints regarding cable television franchises, and shall adopt procedures to be followed in resolving and processing such complaints.
(F) Content. The grantee shall not send, transmit, retransmit or otherwise pass through its system any material, audio or visual, which is obscene under state or local law or any motion picture which has been rated “X” by the Motion Picture Film Board.
(G) Failure to provide service. Any grantee of any franchise hereunder who shall, within one year after the payment of any installation charge by any subscriber, fail to operate its system or make its system available to such subscriber, on a regular and continuous basis, shall refund the installation charge to such subscriber, together with interest thereon at not less than 5% per year.
(Ord. 77, passed 8-6-1981)