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Failure, refusal, or neglect by the grantee to comply with any requirement herein, or any term or condition of a franchise issued hereunder shall be sufficient cause for termination of any franchise by the village as follows.
(A) Upon the continuing of any such failure, refusal or neglect for a period of ten days, next following written demand by the Committee that the grantee do or comply with any such requirement, limitation, term or condition, the Committee may cause to be placed on the agenda of a regular session of the Village Council its request for termination of such franchise, and in such case, the Committee shall cause to be served upon such grantee, at least 15 days prior to the date of such session of the Village Council, a written notice of its intent to request such termination at the time and place of such session.
(B) At such session of the Village Council, or any adjournment thereof, the Village Council shall consider the request of the Committee and shall hear any persons desiring to be heard, and shall determine whether or not such failure, refusal or neglect by the grantee was with just cause.
(C) If the Village Council shall determine such failure, refusal or neglect by the grantee was without just cause, then the Village Council may pass its resolution declaring that the franchise of such grantee shall be terminated and forfeited unless there is compliance by the grantee within 15 days, and such resolution shall operate to declare such franchise terminated and forfeited on the fifteenth day next following the passage thereof, and without further notice to the grantee, unless the grantee shall so comply within such 15-day period, such termination and forfeiture to become effective for all purposes 180 days thereafter.
(D) Within 180 days after such declaration of termination and forfeiture, the grantee may sell, remove, or transfer the entire system of the grantee, subject to the provisions of § 113.11(C) of this subchapter and upon any such sale or transfer in addition to any other rights hereunder or otherwise, the village shall have a lien (next in order of preference to any liens or encumbrances existing of record on the date of such termination and forfeiture) against any and all proceeds thereof in the full amount of any loss, cost, expense or other financial detriment incurred by the village in the exercise of any right hereunder, or by reason of such termination and forfeiture.
(E) If the grantee shall fail to or refuse to sell, remove or transfer the entire system of the grantee, as hereinabove provided, and regardless of the exercise of any other right of the village hereunder, then the village may institute appropriate court action to enforce requirements of this section.
(Ord. 77, passed 8-6-1981)
RATE REGULATION
(A) For purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The Cable Communications Act of 1934, being 47 U.S.C. §§ 521 et seq., as amended (and specifically as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385), and as may be amended from time to time.
ASSOCIATED EQUIPMENT. All equipment and services subject to regulation pursuant to 47 C.F.R. § 76.923.
BASIC CABLE SERVICE. “Basic service” as defined in the FCC Rules, and any other cable television service which is subject to rate regulation by the village pursuant to the Act and the FCC Rules.
FCC. The Federal Communications Commission.
FCC RULES. All rules of the FCC promulgated from time to time pursuant to the Act.
INCREASE IN RATES. An INCREASE IN RATES or a decrease in programming or customer services.
(B) All other words and phrases used in this subchapter shall have the same meaning as defined in the Act and FCC Rules.
(Ord. 117, passed 10-13-1993)
The purpose of this subchapter is to:
(A) Adopt regulations consistent with the Act and the FCC Rules with respect to basic cable service rate regulation; and
(B) Prescribe procedures to provide a reasonable opportunity for consideration of the views of interested parties in connection with basic cable service rate regulation by the village. This subchapter shall be implemented and interpreted consistent with the Act and FCC Rules.
(Ord. 117, passed 10-13-1993)
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