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HomeMy WebLinkAboutORDINANCE - 3146 - 8/27/2009 - CABLE/VIDEO CUSTOMER PROTECTION LAWORDINANCE NO. 3146 AN ORDINANCE AMENDING TITLE 3, CHAPTER 20, CABLE COMMUNICATIONS REGULATIONS BY ADDING SECTION 3-20-8 CABLE AND VIDEO CUSTOMER PROTECTION LAW WHEREAS, the Village is a Home Rule Municipality and as such has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and. affairs and that protect the public health, safety; and welfare of its citizens; and WHEREAS, this Ordinance is adopted pursuant to the Cable and Video. Customer Protection Law (220 ILCS 5/70-501) authorizing a Village to enforce all of the customer service and privacy protection standards of the Section; and WHEREAS, the Village desires to enforce the customer service and privacy protection standards with respect to complaints received from residents as provided by the Cable and Video Customer Protection Lay. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village as follows: Section 1. Recitals. The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. Section 2. Adoption of Cable and Video Customer Protection Law 220 ILCS 5/70- 501. Title 3 Chapter 20 of the Village Code of the Village of Elk Grove Village shall be amended by the addition of Section 3-20-8 that will read as follows: 3-20-8 Cable and Video Customer Protection. Law. A. Customer Service and Privacy Protection Law. (1) Adoption. The regulations of 220 ILCS 5/70-501 are hereby adopted by reference and made applicable to the cable or video providers offering services within the Village's boundaries. 1 (2) Amendments. Any 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 optional 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 with respect to complaints received from residents within the Village. C. Penalties. The Village; pursuant to 220 ILCS 5/70-501(r)(1), does hereby provide for a schedule of penalties for any material breach of the Cable and Video Protection Law by cable or video providers in addition to the penalties provided in the law. The monetary penalties- shall apply on a competitively neutral basis and shall not exceed $750.00 for each day of the material breach; and shall not exceed $25,000.00 for each occurrence of a material breach per customer. (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 assessing 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 (B). D. Customer Credits. The Village hereby adopts the schedule of customer credits for violations. Those credits shall be as provided for in the provisions of 220 ILCS 5/70-501(s) and applied on the statement issued to the customer for the next billing cycle following the N violation or following the discovery of the violation. The cable or video provider is responsible for providing the credits and the customer is under no obligation to request the credit. Section 3. Adoption of Franchise Fee Audits or Agreed Upon Procedures The Village hereby adopts the Franchise fee Audits or Agreed Upon Procedures set forth on Exhibit A attached hereto and by this reference incorporated herein. Section 4. Severability. If any provision of this Ordinance, or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can -be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this Ordinance. Section 5. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval and publication as required by law. The provisions of this Ordinance as to incumbent cable operators take effect January 1, 2008. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 13th day of November 2007 APPROVED this 13th day of November 2007 APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh, Village Clerk 0rdCableCustomerProtcction Exhibit A SECTION 5.3 FRANCHISE FEE AUDITS OR AGREED-UPON PROCEDURES A. The Village shall have the right to inspect and its independent auditor, if necessary, photocopy the Grantee's income records, worksheets, notes, journals, ledgers, and other such appropriate relevant financial records. The Franchising Authority shall have the right of audit and the right to require recomputation of any amounts determined to be payable under this Agreement. The Grantee may require the independent auditor of the Village to enter into a confidentiality agreement limiting the release of information disclosed through the inspection, audit, and/or recomputation. B. The Franchising Authority shall provide Grantee with no less than thirty (30) calendar days notice of the Franchising Authority's intent to conduct an inspection of Grantee's financial records. Grantee shall comply with the request of the Franchising Authority and make available all such records as are reasonably required at the Grantee's local office. In the event that certain necessary records or documents cannot be made available at the location agreed to by the Franchising Authority, Franchising Authority may, at its option, send its designee to the location where Grantee has stored such records. The Franchising Authority may require Grantee to pay for all reasonable travel expenses incurred by the Franchising Authority. C. Any undisputed additional amount due the Village as a result of the audit or agreed-upon procedures shall be paid within thirty (30) days following written notice to the Grantee by the Village which notice shall include a copy of the audit report or agreed-upon procedures report. The cost of said audit shall be borne by the Grantee if it is properly determined that the Grantee's annual payment due to the Village for the preceding year is increased thereby by more than three percent (3%). D. In the event that any Franchise payment or recomputed amount is not made on or before the applicable dates heretofore specified, interest shall be charged from such due date at the monthly rate of four (4) percent over the prime rate. at the Bank of America, Chicago Main Branch on the date upon which the Franchise payment was due. E. In the event the Franchise is terminated for any reason the Grantee shall file with the Franchising Authority, within thirty (30) days of the termination of service by the Grantee, a financial statement clearly showing the Gross Revenues received by Grantee since the end of the previous month prior to the termination of the Franchise to the date upon which final transfer or sale of the Cable System occurs within thirty (30) days of the final transfer or sale. Grantee shall submit such documentation with the final Franchise Fee payment. Grantee shall not be responsible for payment of any Franchise Fees after the date upon which Grantee ceased Providing Cable Services.