There is hereby granted to the grantee from the effective date
of the franchise the right and privilege to construct, erect, operate,
and maintain in, upon, along, across, above, over, and under the streets,
alleys, public ways, and public places now laid out or dedicated,
and all extensions thereof and additions thereto, in the Village poles,
wires, cables, and underground conduits, manholes, and other conductors
and fixtures necessary for the maintenance and operation in the Village
of a cable communications system. Any franchise granted under the
terms of this chapter shall be nonexclusive and shall be subject to
the terms and conditions of this chapter.
For the purpose of this chapter the following terms, phrases,
and words and their derivations shall apply:
ADDITIONAL SERVICE
A subscriber service provided by the grantee for which a
special charge is made based on program or service content or time
of usage.
BASIC SERVICE
All subscriber services provided by the grantee in one or
more service tiers, which includes the delivery of local broadcast
stations and public, educational and government access channels. "Basic
service" does not include optional program and satellite service tiers,
a la carte services, or per-channel, per-program, or auxiliary services
for which a separate charge is made. However, the grantee may include
other satellite signals on the basic service tier.
BOARD
Village Board of the Village of Belleville.
CABLE COMMUNICATIONS SYSTEM or SYSTEM
A facility, consisting of a set of closed transmission paths
and associated signal generation, reception, and control equipment,
that is designed to provide cable service which includes video programming
and which is provided to multiple subscribers within a community,
but such term does not include:
A.
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
B.
A facility that serves subscribers without using any public
right-of-way;
C.
A facility of a common carrier which is subject, in whole or
in part, to the provisions of Title II of the Federal Cable Communications
Policy Act, except that such facility shall be considered a cable
system [other than for purposes of Section 621(c) of said Act] to
the extent that such facility is used in transmission of video programming
directly to subscribers; or
D.
Any facilities of any electric utility used solely for operating
its electric utility system.
CABLE SERVICE
The one-way transmission to customers of video programming
or other programming service and customer interaction, if any, which
is required for the selection or use of such video programming or
other programming service.
COMMENCE OPERATION
Operations shall be considered commenced when sufficient
distribution facilities have been placed in use to offer full network
service to at least 25% of the inhabitants of the Village.
COMPLETED
Operations shall be considered completed when sufficient
distribution facilities have been placed in use to offer full network
service to 100% of the inhabitants in the initial area.
GRANTEE
Any person, firm, company, corporation, association or governmental
entity to whom or to which a franchise is granted by the Village Board
hereunder and the lawful successor or assignee of the same.
GROSS REVENUES
All revenue collected by the grantee arising from or attributable
to the provision of cable service by the grantee within the Village,
including but not limited to periodic fees charged subscribers for
any basic, optional, premium, per-channel or per-program service;
franchise fees; installation and reconnection fees; leased channel
fees; converter rentals and/or sales; program guide revenues; late
or administrative fees; upgrade, downgrade or other change in service
fees; local advertising revenues; revenues from home shopping and
bank at home channels; and revenues from the sale, exchange, use or
cable cast of any programming developed on the cable communications
system for community or institutional use; provided, however, that
this shall not include any taxes on services furnished by the grantee
herein imposed directly upon any subscriber or user by the state,
local or other governmental unit and collected by the grantee on behalf
of the governmental unit.
LOCAL ADVERTISING REVENUES
Local and regional advertising revenues derived from the
sale of locally and regionally inserted advertising, except such advertising
sold by or through the grantee's national representative firm.
OFFICE
The use of the title of any office, employee or officer shall
mean such officer, employee, or office of the Village unless otherwise
specifically designated.
STREET
All streets, highways, avenues, lanes, alleys, courts, places,
squares, curbs, sidewalks, or other public ways in the Village which
have been or may hereafter be dedicated and open to public use, or
such other public property so designated in any law of the state.
SUBSCRIBER
Any person, firm, company, corporation, or association receiving
reception service from the grantee in the Village.
USER
A party utilizing the cable communications system for purposes
of production or transmission of material to subscribers, as contrasted
with receipt thereof in a subscriber capacity.
VILLAGE
The Village of Belleville in its present form or as it may
be changed by annexation.
In order to provide for a maximum degree of flexibility in the
franchise, which covers a field that is relatively new and rapidly
changing and which probably will see many regulatory, technical, financial,
marketing, and legal changes during the term of the franchise, and
to help achieve a continued advanced and modern system for the Village
of Belleville, the following terms and conditions are part of the
franchise granted:
A. Each year during the month of March at the regular or special Village
Board meeting, the Village and the grantee at the Village's option
shall meet to discuss application of new technologies, system performances,
services provided, programming offered, customer complaints, privacy
and human rights, amendments to this chapter, undergrounding progress
and judicial and Federal Communications Commission (FCC) rulings.
The parties may renegotiate any of the above provisions at that time.
The grantee (and its parent company, if any) shall provide year-end
financial statements and operating statements for review by the Village
Board. The Village is to receive a copy of any report required to
be filed with any regulatory agency having jurisdiction.
B. Board members, administrative personnel, the public or the grantee may add further topics to the list recited in Subsection
A.
C. Current federal procedures and standards pursuant to 47 U.S.C. § 546
shall govern the renewal of any franchise awarded under this chapter.
D. In the event that any or all of the applicable provisions of federal
law are repealed or otherwise modified, the following relevant section(s)
shall apply:
(1) At least 24 months prior to the expiration of the franchise, the
grantee shall inform the Village in writing of its intent to seek
renewal of the franchise.
(2) The grantee shall submit a proposal for renewal which demonstrates
that:
(a)
It has been and continues to be in substantial compliance with
the terms, conditions, and limitations of this chapter and its franchise;
(b)
Its system has been installed, constructed, maintained and operated
in accordance with the FCC and this chapter and its franchise;
(c)
It has the legal, technical and financial qualifications to
continue to maintain and operate its system; and
(d)
It has made a good faith effort to provide services and facilities
which accommodate the demonstrated needs of the community, taking
into account the cost of meeting such needs.
(3) After giving public notice, the Village shall proceed to determine
whether the grantee has satisfactorily performed its obligations under
the franchise. To determine satisfactory performance, the Village
shall consider technical developments and performance of the system,
cost of services, and any other particular requirements set forth
in this chapter. The Village shall also consider the grantee's
reports made to the Village and to the FCC, and the Village may require
the grantee to make available specified records, documents, and information
for this purpose, and may inquire specifically whether the grantee
will supply services sufficient to meet future community needs and
interest, taking into account the cost of meeting such needs. Industry
performance on a national basis shall also be considered. Provisions
shall be made for public comment with adequate prior notice of at
least 10 days.
(4) The Village shall then prepare any amendments to this chapter that
it reasonably believes necessary for the exercise of the Village's
police powers.
(5) If the Village finds the grantee's performance satisfactory,
and finds the grantee's technical, legal, and financial abilities
acceptable, and finds that the grantee's renewal proposal meets
the future cable-related needs of the Village, a new franchise shall
be granted pursuant to this chapter as amended for a period to be
determined.
(6) If the grantee is determined by the Village to have performed unsatisfactorily,
new applicants may be sought and evaluated and a franchise award shall
be made by the Village according to franchising procedures adopted
by the Village.
The grantee shall provide its service to all areas within the
limits of the Village that are within 500 feet of its then existing
trunk cable. In the event that the grantee is requested to extend
its system beyond 500 feet of its then existing trunk cable or is
requested to make an installation 500 feet beyond its main cable,
the grantee shall be allowed to recover its costs in making the same
from the subscriber. In the event that a subscriber is not willing
to pay the same, the grantee shall not be required to either extend
the system or make the installation.
The cable communications system shall have a minimum channel
capacity of 40 channels within a reasonable time of the grant of a
franchise under this chapter.
A. Such system shall maintain a plant having the technical capacity
for two-way communications within 36 months of the grant of a franchise
under this chapter, at locations mutually agreed by the Village and
the grantee.
B. The grantee shall maintain the following:
(1) At least one specially designated, noncommercial public access channel.
(2) At least one specially designated channel for use by local education
authorities.
(3) At least one specially designated channel for local governmental
uses.
(4) At least one specially designated channel for leased access uses.
(5) If required by the franchise agreement, an institutional network
(I-Net) of cable, optical, electrical or electronic equipment, including
cable television systems, used for the purpose of transmitting two-way
video signals interconnecting designated entities to be determined
by the Village. The cost of such network will be borne by the Village
as negotiated between the grantee and the Village. Such network may
be provided as needed by utilizing capacity on the system.
(6) Provided, however, that these uses may be combined on one or more channels until such time as additional channels become necessary in the opinion of the Village. Studios and associated production equipment will be located in a mutually agreed upon site to meet the public's need for public access, education and local government channels as noted in Subsection
B(1),
(2) and
(3). Financial and technical support and replacement and maintenance of equipment of this facility shall be separately incorporated into the franchise by agreement.
C. The grantee shall incorporate into its cable television system the
capacity to permit the Village, in times of emergency, to override
by remote control the audio, video and/or text of all channels simultaneously
which the grantee may lawfully override. The grantee shall provide
emergency broadcast capacity pursuant to FCC rules. The grantee shall
cooperate with the Village in the use and operation of the emergency
alert override system.
Pursuant to the Cable Television Consumer Protection and Competition
Act of 1992, if the Village is currently certified to regulate the
basic service rates charged by the grantee, it may, under these rules,
require the grantee to obtain approval from the Village for a rate
increase for any change to the rates for basic service. Should federal
or state law permit further rate regulation beyond basic service,
the Village may, if certified, assume such rate regulation and adopt
appropriate procedures for such regulation.
Should any word, phrase, clause, sentence, paragraph, or portion
of this chapter and franchise be declared to be invalid by a court
of competent jurisdiction, such adjudication shall not affect the
validity of this chapter and franchise as a whole but shall only affect
the portion thereof declared to be invalid, and the Village Board
hereby expressly states and declares that it would nonetheless have
passed this chapter and granted this franchise had it known that any
such word, phrase, clause, sentence, paragraph, or portion of said
franchise was invalid.
In the event that this franchise terminates and neither the
Village nor anyone else purchases the grantee's cable system,
the grantee shall remove its cable, wires, and appliances from the
streets, alleys, public ways and places within the Village, except
any underground cable, appliances, or other appurtenances.
The Village shall have continuing regulatory jurisdiction and
supervision over the operation of any franchise granted hereunder
and may from time to time adopt such reasonable rules and regulations
as it may deem necessary for the conduct of the business contemplated
thereunder.
The Village shall have the right to intervene and the grantee
specifically agrees by acceptance of a franchise hereunder not to
oppose such intervention by the Village in any suit or proceeding
to which the grantee is a party.
The franchise granted hereunder shall be deemed to be the sole
means, and to state the exclusive terms, by which the Village has
authorized the construction, operation or maintenance by the grantee
of a cable communications network within the Village.
The grantee shall at all times keep its cables and other appurtenances
used for transmitting signals shielded in such a manner that there
will be no interference with signals received by private receiver
sets owned by persons not subscribing to the grantee's service.
The franchise shall be amended to incorporate all amendments
to the statutes, rules and regulations of the federal government.
Any provision herein in conflict with or preempted by said rules and
regulations or statutes shall be superseded.