Loading...
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)
(A) A cable operator shall submit its schedule of rates for the basic service tier and associated equipment or a proposed increase in such rates in accordance with the Act and the FCC Rules. The cable operator shall include as part of its submission such information as is necessary to show that its schedule of rates, or its proposed increase in rates, complies with the Act and the FCC Rules. The cable operator shall file ten copies of the schedule or proposed increase with the Village Clerk. For purposes of this subchapter, the filing of the cable operator shall be deemed to have been made when at least ten copies have been received by the Village Clerk. The Village Council may, by resolution or otherwise, adopt rules and regulations prescribing the information, data and calculations which must be included as part of the cable operator’s filing of the schedule of rates or a proposed increase.
(B) In addition to information and data required by rules and regulations of the village pursuant to division (A) above, a cable operator shall provide all information requested by the Village President in connection with the village’s review and regulation of existing rates for the basic service tier and associated equipment or a proposed increase in these rates. The Village President may establish deadlines for submission of the requested information and the cable operator shall comply with such deadlines.
(C) A cable operator has the burden of proving that its schedule of rates for the basic service tier and associated equipment or a proposed increase in such rates complies with the Act and the FCC Rules including, without limitation, 47 U.S.C. § 543 and 47 C.F.R. §§ 76.922 and 76.923.
(Ord. 117, passed 10-13-1993)
(A) If this subchapter, any rules or regulations adopted by the village pursuant to § 113.28(A) or any request for information pursuant to § 113.28(B) requires the production of proprietary information, the cable operator shall produce the information. However, at the time the allegedly proprietary information is submitted, a cable operator may request that specific, identified portions of its response be treated as confidential and withheld from public disclosure. The request must state the reason why the information should be treated as proprietary and the facts that support those reasons. The request for confidentiality will be granted if the village determines that the preponderance of the evidence shows that nondisclosure is consistent with the provisions of the Freedom of Information Act, 5 U.S.C. § 552. The village shall place in a public file for inspection any decision that results in information being withheld. If the cable operator requests confidentiality and the request is denied:
(1) Where the cable operator is proposing a rate increase, it may withdraw the proposal, in which case the allegedly proprietary information will be returned to it; or
(2) The cable operator may seek review within five working days of the denial in any appropriate forum. Release of the information will be stayed pending review.
(B) Any interested party may file a request to inspect material withheld as proprietary with the village. The village shall weigh the policy considerations favoring nondisclosure against the reasons cited for permitting inspection in light of the facts of the particular case. It will then promptly notify the requesting entity and the cable operator that submitted the information as to the disposition of the request. It may grant, deny or condition a request. The requesting party or the cable operator may seek review of the decision by filing an appeal with any appropriate forum. Disclosure will be stayed pending resolution of any appeal.
(C) The procedures set forth in this section shall be construed as analogous to and consistent with the rules of the FCC regarding requests for confidentiality including, without limitation, 47 C.F.R. § 0.459.
(Ord. 117, passed 10-13-1993)
(A) Upon the filing of ten copies of the schedule of rates or the proposed increase in rates pursuant to § 113.28(A), the Village Clerk shall publish a public notice in a newspaper of general circulation in the village which shall state that:
(1) The filing has been received by the Village Clerk and (except those parts which may be withheld as proprietary) is available for public inspection and copying; and
(2) Interested parties are encouraged to submit written comments on the filing to the Village Clerk not later than seven days after the public notice is published.
(B) The Village Clerk shall give notice to the cable operator of the date, time and place of the meeting at which the Village Council shall first consider the schedule of rates or the proposed increase. This notice shall be mailed by first-class mail at least three days before the meeting. In addition, if a written staff or consultant’s report on the schedule of rates or the proposed increase is prepared for consideration of the Village Council, then the Village Clerk shall mail a copy of the report by first class mail to the cable operator at least three days before the meeting at which the Village Council shall first consider the schedule of rates or the proposed increase.
(Ord. 117, passed 10-13-1993)
Loading...