A. 
The grantee will offer service to all occupied residential dwellings without discrimination in all areas within the Village not otherwise wired for cable service and in all annexed areas not otherwise wired for cable service; provided, however, that the grantee shall not be required to offer or extend service to any area where there are fewer than 40 occupied residential dwellings per cable mile.
B. 
The areas of the Village for which applications for franchise will be accepted shall be specified by the Village Board.
A. 
The grantee must extend and make cable television service available to any isolated resident within or without the primary service area requesting connection at the standard connection charge, if the connection to the isolated resident would require no more than a standard one-hundred-fifty-foot aerial or buried drop line.
B. 
With respect to requests for connection requiring an aerial or buried drop line in excess of 150 feet, the grantee must extend and make available cable television service to such residents at a connection charge not to exceed the actual installation costs incurred by the grantee for the distance exceeding 150 feet.
C. 
The grantee, in its application, may propose a line extension policy which will result in serving more residents of the Village than any required above, in which case the grantee's application will be incorporated by reference in the franchise and will be binding on the grantee.
A. 
The cable television system to be installed by the grantee shall comply in all respects with the technical performance requirements set forth in the FCC's Rules for Cable Television, including applicable amendments thereto; provided, however, that nothing contained herein shall be construed to prohibit the grantee from proposing to comply with more rigid technical performance requirements, in which case the grantee's application shall be incorporated by reference in the franchise and will be binding on the grantee. If the FCC should delete said requirements, the Village hereby reserves the right to amend this chapter to incorporate similar standards, and every franchise granted pursuant to this chapter shall be subject to such reserved power whether or not expressly so conditioned.
B. 
Applications for franchise shall, to the extent provided in §§ 611 and 626, Cable Communications Policy Act of 1984, include proposals for the provision of public, educational/cultural and local government channels. Such proposals by a grantee shall be incorporated into the franchise granted and shall be subject to the following requirements:
(1) 
The grantee shall have available somewhere within the grantee's larger service area, but not necessarily in the franchise area, equipment for local production and presentation of cablecast programs other than automated services and permit its use for the production and presentation of public access programs with 30 days' notice. The grantee shall not enter into any contract, arrangement or lease for use of its cablecast equipment which prevents or inhibits the use of such equipment for a substantial portion of time for public access programming.
(2) 
The grantee shall have no control over the content of access cablecast programs; however, this limitation shall not prevent the grantee from taking appropriate steps to ensure compliance with the operating rules described herein; failure by the grantee to comply with such operating rules shall constitute a violation of this chapter.
C. 
A grantee shall provide, without charge within the franchise area, one service outlet activated for regular basic subscriber service to the municipal buildings which will be jointly determined by the grantee and the Village; provided, however, that if it is necessary to extend the grantee's trunk or feeder lines more than 300 feet solely to provide service to any such school or public building, the Village or such other building owner shall have the option either of paying the grantee's direct costs for such extension in excess of 300 feet or of releasing the grantee from the obligation to provide service to such building. Furthermore, the grantee shall be permitted to recover, from any public building owner entitled to free basic service, the direct cost of installing, when requested to do so, more than one outlet or concealed inside wiring or a service outlet requiring more than 250 feet of drop cable; provided, however, that the grantee shall not charge for the provision of regular basic subscriber service to the additional service outlets once installed.
D. 
A grantee and all other persons using or making use of the cable communications system(s) shall comply with all federal, state and local laws, rules and regulations regarding the exhibition, display or showing of obscene or indecent material.
E. 
At the option of the subscriber, a grantee shall provide a device capable of locking out any premium programming video signals.
A. 
The grantee shall construct, operate and maintain the cable television system in full compliance with the rules and regulations, including applicable amendments, of the Federal Communications Commission and all other applicable federal, state or local laws and regulations, including the latest editions of the National Electrical Safety Code and the National Fire Protection Association National Electrical Code. The cable television system and all its parts shall be subject to inspection by the Village, and the Village hereby reserves the right to review a grantee's construction plans prior to the commencement of construction.
B. 
The grantee shall maintain an office which shall be open and accessible to the public with adequate telephone service during normal business hours. The grantee shall employ an operator or maintain a telephone answering service 24 hours per day, each day of the year, to receive subscriber inquiries.
C. 
The grantee shall exercise its best effort to design, construct, operate and maintain the system at all times so that signals carried are delivered to subscribers without material degradation in quality (within the limitations imposed by the technical state-of-the-art).
D. 
In the case of any emergency or disaster, the grantee shall, upon request of the Village, make available its facilities to the Village, without cost, for emergency use during the emergency or disaster period.
A. 
Should the system be rebuilt, not later than 120 days after completion technical performance tests shall be conducted by the grantee to demonstrate full compliance with the technical standards of the Federal Communications Commission and Subsection C below. Such tests shall be performed by or under the supervision of a qualified, registered, professional engineer or an engineer with proper training and experience. A copy of the report shall be submitted to the Village, describing test results, instrumentation, calibration and test procedures, and the qualifications of the engineer responsible for the tests.
B. 
System monitor test points shall be established at or near the output of the last amplifier in the longest feeder line, at or near trunk line extremities, or at the locations to be specified in the franchise. Such periodic tests shall be made at the test points as shall be described by the Village.
C. 
At any time after commencement of services to subscribers, the Village may require additional reasonable tests, including full or partial repeat tests, different test procedures, or tests involving a specific subscriber's terminal, at the grantee's expense to the extent such tests may be performed by the grantee's employees utilizing its existing facilities and equipment; provided, however, that the Village reserves the right to conduct its own tests upon reasonable notice to the grantee, and if noncompliance is found, the expense thereof shall be borne by the grantee. The Village will endeavor to arrange its request for special tests so as to minimize hardship or inconvenience to the grantee and to the subscriber.
D. 
The Village shall have the right to employ qualified consultants, if necessary or desirable, to assist in the administration of this or any other section of this chapter. The expense of said consultants shall be borne by the Village.
A. 
Except for circumstances beyond the grantee's control, such as strikes, acts of God, weather, wars, riots and civil disturbances, the grantee shall establish a maintenance service capable of locating and correcting major system malfunctions promptly. Said maintenance service shall be available at all hours to correct such major system malfunctions affecting a number of subscribers.
B. 
A listed local telephone number shall be made available to subscribers for service calls at any time of the day or night. Investigative action shall be initiated reasonably promptly in response to all service calls, other than major outages, on or before the second business day. Corrective action shall be completed as promptly as practicable. Appropriate records shall be made of service calls showing when and what corrective action was completed. Upon request, such records shall be made available to the Village for audit during normal business hours and retained in the grantee's files for not less than three years. A summary of such calls shall be prepared by the grantee and submitted to the Village annually beginning 12 months after service is provided to the first subscriber.
C. 
The grantee shall furnish each subscriber, at the time service is installed, written instructions that clearly set forth procedures for placing a service call.
D. 
In the event a subscriber does not obtain a satisfactory response or resolution to his request for service or an adjustment within a reasonable period of time, he may advise the agency or other designated employee in writing of his dissatisfaction, and the agency or other designated employee shall have the authority to investigate the matter and order corrective action as may be appropriate.
E. 
The grantee shall interrupt system service after 7:00 a.m. and before 1:00 a.m. of the following day only with good cause and for the shortest time possible. Except for weekly routine maintenance, whenever interruptions will last more than one hour, the grantee will cablecast notice of service interruption at least 24 hours in advance of the service interruption. Service may be interrupted between 1:00 a.m. and 7:00 a.m. for routine testing, maintenance and repair.
A. 
The grantee shall utilize existing poles, conduits and other facilities whenever possible and shall not construct or install any new, different or additional poles, conduits or other facilities, whether on the public way or on privately owned property, until the written approval of the appropriate governmental authority and, if necessary, of the property owner is obtained, and which approval shall not be unreasonably withheld by the municipality. However, no location of any pole or wire-holding structure of the grantee shall be a vested interest, and such poles or structures shall be removed or modified by the grantee at its own expense whenever the Village or other governmental authority determines that the public convenience would be enhanced thereby.
B. 
Where the Village or a public utility serving the Village desires to make use of the poles or other wire-holding structures of the grantee but agreement therefor with the grantee cannot be reached, the Village may require the grantee to permit such use for such consideration and upon such terms as the Village shall determine to be just and reasonable, if the Village determines that the use would enhance the public convenience and would not unduly interfere with the grantee's operations.
C. 
All transmission lines, equipment and structures shall be so installed and located as to cause minimum interference with the rights and appearance and reasonable convenience of property owners who adjoin on any public way and at all times shall be kept and maintained in a safe, adequate and substantial condition and in good order and repair. The grantee shall, at all times, employ reasonable care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public. Suitable barricades, flags, lights, flares or other devices shall be used at such times and places as are reasonably required for the safety of all members of the public. Any poles or other fixtures placed in any public way by the grantee shall be placed in such a manner as not to interfere with the usual travel on such public way and only after obtaining and complying with appropriate street occupancy permits from the Village.
D. 
The grantee shall remove, replace or modify at its own expense the installation of any of its facilities as may be deemed necessary by the Village or other appropriate governmental authority to meet its proper responsibilities.
E. 
All installations shall be underground in those areas of the Village where public utilities providing both telephone and electric service are underground at the time of installation. In areas where either telephone or electric utility facilities are above ground at the time of installation, the grantee may install its service above ground, provided that, at such time as those facilities are required to be placed underground by the Village or are placed underground, the grantee shall likewise place its services underground without additional cost to the Village. If the facilities of either the electric or the telephone utility are aerial, the cable television facilities may be located underground at the request of a property owner, provided that the excess cost over aerial location shall be borne by the property owner making the request.
F. 
In the event of a physical disturbance of any public way or private property by the grantee, it shall, at its own expense and in a manner approved by the Village or other appropriate governmental authority and the owner, replace and restore such public way or private property in as reasonably good a condition as before the work causing such disturbance was done. In the event the grantee fails to perform such replacement or restoration, the Village or the owner shall have the right to do so at the sole expense of the grantee. Demand for payment to the Village or owner for such replacement or restoring of such roads or private property as may have been disturbed must be in writing to the grantee.
G. 
Whenever, in case of fire or other disaster, it becomes necessary in the judgment of the Village to remove or damage any of the grantee's facilities, no charge shall be made by the grantee against the Village for restoration and repair.
H. 
At the request of any person holding a valid building moving permit issued by the Village or other appropriate governmental authority and upon at least three working days' notice, the grantee shall temporarily raise, lower or cut its wires as may be necessary to facilitate such move. The direct expense of such temporary changes, including standby time, shall be paid by the permit holder, and the grantee shall have the authority to require payment in advance.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
I. 
The grantee shall have the authority to trim trees on public property at its own expense as may be necessary to protect its wires and facilities, subject to the supervision and direction of the Village or other appropriate governmental authority.
A. 
Upon accepting the franchise, the grantee shall, within 60 days, file the documents required to obtain all necessary federal, state and local licenses, permits and authorizations required for the conduct of its business and shall submit monthly reports to the Village on progress in this respect until all such documents are in hand. Failure of the grantee to pursue all necessary steps to secure the aforementioned authorizations with due diligence shall constitute a substantial violation of this chapter.
B. 
The grantee shall commence construction of the cable system within eight months after receiving all necessary permits, authorizations and licenses and shall complete construction of the system in the franchise area and offer and be capable of delivering cable television service in full accordance with this chapter and the franchise granted hereunder to subscribers in not less than 50% of the occupied dwelling units in the franchise area within 12 months after commencing construction and shall be capable of delivering service to the remaining 50% of the occupied dwelling units in the franchise area in the succeeding twelve-month period thereafter or such lesser periods as shall be specified in the franchise. Notwithstanding the foregoing, failure of the grantee for any reason to commence construction within 12 months of the date of acceptance of the franchise shall be grounds for revocation of the franchise. For the purpose of this section, construction shall be deemed to have commenced when the first aerial strand cable has been attached to a pole or the first underground trench has been opened.
C. 
Franchise applications shall include a timetable showing the percentage of occupied dwelling units within the primary service area that will be capable of receiving cable television service each year of construction. Said timetable shall be incorporated into the franchise and shall be enforceable as to the grantee under the provisions of this chapter.
D. 
Each grantee shall fill all requests for cable service once facilities are in place consistent with the foregoing schedule of service within 60 days after the date of each request. A record of all service requests shall be kept for at least three years and shall be available for public inspection at the local office of the grantee during regular office hours and with appropriate advance notice.
E. 
Within three months after accepting the franchise, the grantee shall furnish the Village a complete construction schedule and map setting forth target dates by areas for commencement of service to subscribers. The schedule and map shall be updated whenever substantial changes become necessary.
F. 
Every three months after the start of construction the grantee shall furnish the Village a report on progress of construction until complete. The report shall include a map that clearly defines the areas wherein regular subscriber service is available.
The provisions of § 134.43, Wis. Stats., exclusive of any provisions thereof relating to the penalty to be imposed or the punishment for violation of said statute, are hereby adopted and made a part of this section by reference. A violation of any such provision shall be a violation of this section.