A. The grantee, by accepting the franchise, acknowledges that it has
not been induced to accept the same by any promise, verbal or written,
by or on behalf of the Village or by any third person regarding any
term or condition of this chapter or the franchise not expressed therein.
The grantee further pledges that no promise or inducement, oral or
written, has been made to any Village employee or official regarding
receipt of the cable television franchise.
B. Acceptance of the franchise shall not be construed as a waiver by
the grantee of any existing or future right to challenge the legality
of any provision of this chapter. Nothing herein or in the grantee's
acceptance may be construed to deny the grantee the right to judicial
review of any action or threatened action by the Village arising out
of this chapter.
C. The grantee further acknowledges by acceptance of the franchise that
it has carefully read the terms and conditions of this chapter and
the franchise and accepts, without reservation, the obligations imposed
by the terms and conditions herein.
D. The decision of the Village Board concerning grantee selection and
awarding of the franchise shall be final.
The grantee shall, at all times, comply with all laws of the
state and federal government and the rules and regulations of any
federal or state administrative agency; provided, however, this section
shall not be construed to require the Village to make an initial determination
of any such violation. The grantee and Village acknowledge that this
chapter may be superseded by other state or federal laws, statutes
or regulations.
The Village reserves the right to issue a license, easement
or other permit to anyone other than the grantee to permit that person
to traverse any portion of the grantee's franchise area within
the Village in order to provide service outside the Village. Such
license or easement, absent a grant of franchise in accordance with
this chapter, shall not authorize or permit said person to provide
a cable television service of any nature to any home or place of business
within the Village or to render any service or connect any subscriber
within the Village to the grantee's cable television system.
In case of conflict or ambiguity between this chapter, the franchise,
and the grantee's franchise application, the grantee and the
Village agree that the franchise shall prevail.
The grantee shall not be excused from complying with any of
the terms and conditions of this chapter or the franchise by any failure
of the Village, upon any one or more occasions, to insist upon the
grantee's performance or to seek the grantee's compliance
with any one or more of such terms or conditions.
The grantee, at all times in the installation, maintenance,
and operation of the cable television system, shall be subject to
the terms and conditions of Village ordinances of general applicability
and to the lawful exercise of the police power of the Village; provided,
however, that no subsequent municipal actions shall in any way abrogate
the rights granted to the grantee herein.
The grantee shall not refuse to hire, nor discharge from employment,
nor discriminate against any person regarding compensation, terms,
conditions or privileges of employment because of age, sex, race,
color, creed or national origin. The grantee shall take affirmative
action to ensure that employees are treated during employment without
regard to their age, sex, race, color, creed or national origin. This
condition includes, but it not limited to, the following: recruitment
advertising; employment interviews; employment; rates of pay; upgrading;
transfer; demotion; layoff and termination.
Whenever this chapter or the franchise sets forth any time for
any act to be performed by or on the behalf of the grantee, such time
shall be deemed of the essence, and the grantee's failure to
reasonably perform within the time allotted shall, in all cases, be
sufficient grounds for the Village to invoke the remedies available
under the terms and conditions of this chapter and the franchise.
This chapter and the franchise and their terms and conditions
shall be accepted by the grantee by written instrument filed with
the Village within 30 days after the granting of the franchise, unless
said period is extended by the Village Board, at its sole discretion.
In its acceptance, the grantee shall declare that it has carefully
read the terms and conditions of this chapter and the franchise and
accepts all of the terms and conditions imposed by this chapter and
the franchise and agrees to abide by the same, subject to the provisions
contained herein.
A. Interference with cable service prohibited. Neither the owner of
any multiple-unit residential dwelling nor his agent or representative
shall interfere with the right of any tenant or lawful resident thereof
to receive cable television service, cable installation, or maintenance
from a cable television company regulated by and lawfully operating
under a valid and existing cable television franchise issued by the
Village.
B. Gratuities and payments to permit service prohibited. Neither the
owner of any multiple-unit residential dwelling nor his agent or representative
shall ask, demand, or receive any payment, service, or gratuity in
any form as a condition for permitting or cooperating with the installation
of a cable communications service to the dwelling unit occupied by
the tenant or resident requesting service.
C. Penalties and charges to tenants for services prohibited. Neither
the owner of any multiple-unit residential dwelling nor his agent
or representative shall knowingly penalize, charge or surcharge a
tenant or resident, or forfeit or threaten to forfeit any right of
such tenant or resident, or discriminate in any way against such tenant
or resident who requests or receives cable communications service
from a grantee operating under a valid and existing cable communication
franchise issued by the Village.
D. Reselling service prohibited. No person shall resell, without the
expressed, written consent of both the grantee and the Village Board,
any cable service, program or signals transmitted by the cable television
company operating under a franchise issued by the Village.
E. Protection of property permitted. Nothing in this section shall prohibit
a person from requiring that cable television system facilities conform
to laws and regulations and reasonable conditions necessary to protect
safety, functioning, appearance and value of premises or the convenience
and safety of persons or property.
F. Risks assumed by grantee. Nothing in this section shall prohibit
a person from requiring a grantee to agree to indemnify the owner
or his agents or representatives for damages or from liability for
damages caused by the installation, operation, maintenance or removal
of cable television facilities.
Sections 943.46 and 943.47, Wis. Stats., 1987 Wisconsin Act
345, and all other relevant Wisconsin statutes and the provisions
of § 633 of the Cable Communications Policy Act of 1984,
exclusive of any provisions thereof relating to the penalty to be
imposed or the punishment for violation of said statute, are adopted
and hereby made a part of this section by reference. A violation of
any such provision shall be a violation of this section.
A. Notwithstanding any other remedies provided for in this chapter or
otherwise available under law, the Village shall have the power to
impose the following monetary penalties in the event the grantee violates
any provision of this chapter, the franchise, or any rule or regulation
lawfully adopted thereunder:
(1) For failure to submit plans indicating expected dates of installation
of various parts of the system: up to $100 per day.
(2) For failure to commence operations in accordance with herein-stated
provisions: up to $200 per day.
(3) For failure to complete construction and installation of system within
proper time: up to $300 per day.
(4) For failure to supply data requested by the Village in connection
with installation, construction, customers, finances or financial
reports: up to $50 per day.
(5) For failure to respond to subscriber complaints within the proper
time set forth in this chapter: up to $100 per day, as the Village
may determine.
B. Persons or commercial entities who violate the following provisions
of this chapter hereinbefore deemed unlawful shall be subject to a
fine not to exceed $500 for each offense:
(1) Willful action or inaction by grantee as described in §
215-11A.
(2) Noncompliance by a grantee as described in §
215-11A.
(3) Willful failure by a grantee to comply with the laws, rules, or regulations described in §
215-19A.
(4) Any person interfering with the provision of cable communications service as described in §
215-34.
C. Failure of the grantee to tender franchise fee payments at the time required by §
215-12 will result in interest accruing at a rate of 1% per month from said due date.
The grantee shall have the authority to promulgate such rules,
regulations, terms and conditions of its business as shall be reasonably
necessary to enable it to exercise its rights and perform its services
under this chapter and the rules of the FCC and to assure uninterrupted
service to each and all of its subscribers. Such rules and regulations
shall not be deemed to have the force of law.
Any delegable right, power or duty of the Village, the Village
Board, the agency or any official of the Village under this chapter
may be transferred or delegated by resolution of the Village Board
to an appropriate officer, employee or department of the Village or
any other legal authority.