§ 113.36 WRITTEN DECISION; PUBLIC NOTICE.

   (A)   Any order of the Village Council pursuant to § 113.34 or § 113.35 shall be in writing, shall be effective upon adoption by the Village Council and shall be deemed released to the public upon adoption.

   (B)   The Village Clerk shall publish a public notice of any such written order in a newspaper of general circulation within the village which shall:

      (1)   Summarize the written decision; and

      (2)   State that copies of the text of the written decision are available for inspection or copying from the office of the Village Clerk.

   (C)   In addition, the Village Clerk shall mail a copy of the text of the written decision to the cable operator by first-class mail.

(Ord. 117, passed 10-13-1993)

§ 113.37 ADDITIONAL RULES ADOPTED BY COUNCIL.

   In addition to rules promulgated pursuant to § 113.28, the Village Council may, by resolution or otherwise, adopt rules and regulations for basic cable service rate regulation proceedings (including, without limitation, the conduct of hearings), consistent with the Act and the FCC Rules.

(Ord. 117, passed 10-13-1993)

§ 113.38 FAILURE TO GIVE NOTICE.

   The failure of the Village Clerk to give the notices or to mail copies of reports as required by this subchapter shall not invalidate the decisions or proceedings of the Village Council.

(Ord. 117, passed 10-13-1993)

§ 113.39 ADDITIONAL HEARINGS.

   In addition to the requirements of this subchapter, the Village Council may hold additional public hearings upon such reasonable notice as the Village Council, in its sole discretion, shall prescribe.

(Ord. 117, passed 10-13-1993)

§ 113.40 ADDITIONAL POWERS.

   The village shall possess all powers conferred by the Act, the FCC Rules, the cable operator’s franchise and all other applicable law. The powers exercised pursuant to the Act, the FCC Rules and this subchapter shall be in addition to powers conferred by law or otherwise. The village may take any action not prohibited by the Act and the FCC Rules to protect the public interest in connection with basic cable service rate regulation.

(Ord. 117, passed 10-13-1993)

§ 113.41 FAILURE TO COMPLY; REMEDIES.

   The village may pursue any and all legal and equitable remedies against the cable operator (including, without limitation, all remedies provided under a cable operator’s franchise with the village) for failure to comply with the Act, the FCC Rules, any orders or determinations of the village pursuant to this subchapter, any requirements of this subchapter or any rules or regulations promulgated hereunder. Subject to applicable law, failure to comply with the Act, the FCC Rules, any orders or determinations of the village pursuant to this subchapter, any requirements of this subchapter or any rules and regulations promulgated hereunder, shall also be sufficient grounds for revocation or denial of renewal of a cable operator’s franchise.

(Ord. 117, passed 10-13-1993)

§ 113.42 CONFLICTING PROVISIONS.

   In the event of any conflict between this subchapter and the provisions of any prior ordinance or any franchise, permit, consent agreement or other agreement with a cable operator, then the provisions of this subchapter shall control.

(Ord. 117, passed 10-13-1993)