(A) Customer Service and Privacy Protection Law.
(1) Adoption. The regulations of the Customer Service and Privacy Protection Law, 220 ILCS 5/22-501 are hereby adopted by reference and made applicable to the cable or video providers offering services within the village's boundaries.
(2) Amendments. Any mandatory amendment to the Cable and Video Customer Protection Law that becomes effective after the effective date of this section shall be incorporated into this section by reference and shall be applicable to cable or video providers offering services within the municipality's boundaries. However, any amendment that makes its provisions option for adoption by municipalities shall not be incorporated into this section by reference without formal action by the corporate authorities of the village.
(B) Enforcement. The village does hereby, pursuant to law, declare its intent to enforce all of the customer service and privacy protection standards of the Cable and Video Protection Law.
(C) Penalties. The village, pursuant to 220 ILCS 5/22-501(r)(1),does hereby declare that for any material breach of the standards and requirements of the Cable and Video Customer Protection Law, as incorporated by reference in this section, a cable or video provider shall be subject to monetary penalties which shall not exceed $750 for each day of the material breach, and shall not exceed $25,000 for each occurrence of a material breach per customer. Such penalties shall be in addition to the penalties provided in the Law and shall not represent the village's exclusive remedy for any material breach. All monetary penalties shall apply on a competitively neutral basis.
(1) Material breach means any substantial failure of a cable or video provider to comply with service quality and other standards specified in any provision of the Law.
(2) The village shall give the cable or video provider written notice of any alleged material breaches of the law and allow such provider at least 30 days from the receipt of the notice to remedy the specified material breach.
(3) A material breach, for the purposes of assuming penalties, shall be deemed to occur for each day that a material breach has not been remedied by the cable or video service provider after the notice in division (C)(2) of this section.
(4) The President and Village Board hereby delegate authority to levy penalties to the President.
(5) Any decision of the President to levy penalties may be appealed to the Village Board, which shall conduct a hearing on the alleged material breach and penalties levied therefore within 21 days following receipt of the cable or video provider's request for an appeal.
(D) Customer credits. The village hereby adopts and incorporates by reference the schedule of customer credits for violations of the Law provided for in the provisions of 220 ILCS 5/22-501(s). Those credits shall be applied on the statement issued to the customer for the next billing cycle following the violation or following the discovery of the violation. The cable or video provider is responsible for proactively providing the credits and the customer is under no obligation to request the credits.
(Ord. 2016-11-15-2, passed 11-15-2016; Ord. 2022-12-21C, passed 12-21-2022)