[Adopted 12-10-2007 by Ord. No. 07-41]
For the purposes of this article, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning:
GROSS REVENUES
All consideration of any kind or nature, including, without
limitation, cash, credits, property, and in-kind contributions received
by the holder for the operation of a cable or video system to provide
cable service or video service within the holder's cable service
or video service area within the Village.
A.
Gross revenues shall include the following:
(1)
Recurring charges for cable or video service.
(2)
Event-based charges for cable service or video service, including,
but not limited to, pay-per-view and video-on-demand charges.
(3)
Rental of set-top boxes and other cable service or video service
equipment.
(4)
Service charges related to the provision of cable service or
video service, including but not limited to activation, installation,
and repair charges.
(5)
Administrative charges related to the provision of cable service
or video service, including but not limited to service order and service
termination charges.
(6)
Late payment fees or charges, insufficient funds check charges,
and other charges assessed to recover the costs of collecting delinquent
payments.
(7)
A pro-rata portion of all revenue derived by the holder or its
affiliates pursuant to compensation arrangements for advertising or
for promotion or exhibition of any products or services derived from
the operation of the holder's network to provide cable service
or video service within the Village. The allocation shall be based
on the number of subscribers in the Village divided by the total number
of subscribers in relation to the relevant regional or national compensation
arrangement.
(8)
Compensation received by the holder that is derived from the operation of the holder's network to provide cable service or video service with respect to commissions that are received by the holder as compensation for promotion or exhibition of any products or services on the holder's network, such as a "home shopping" or similar channel, subject to Subsection
A(9).
(9)
In the case of a cable service or video service that is bundled
or integrated functionally with other services, capabilities, or applications,
the portion of the holder's revenue attributable to the other
services, capabilities, or applications shall be included in the gross
revenue unless the holder can reasonably identify the division or
exclusion of the revenue from its books and records that are kept
in the regular course of business.
(10)
The service provider fee permitted by ILCS Ch. 220, Act 5, § 21-801(b).
B.
Gross revenues do not include any of the following:
(1)
Revenues not actually received, even if billed, such as bad
debt, subject to ILCS Ch. 220, Act 5, § 21-801(c)(1)(vi).
(2)
Refunds, discounts, or other price adjustments that reduce the
amount of gross revenues received by the holder of the state-issued
authorization to the extent the refund, rebate, credit, or discount
is attributable to cable service or video service.
(3)
Regardless of whether the services are bundled, packaged, or
functionally integrated with cable service or video service, any revenues
received from services not classified as cable service or video service,
including, without limitation, revenue received from telecommunications
services, information services, or the provision of directory or Internet
advertising, including yellow pages, white pages, banner advertisement,
and electronic publishing or any other revenues attributed by the
holder to noncable service or nonvideo service in accordance with
the holder's books and records and records kept in the regular
course of business and any applicable laws, rules, regulations, standards,
or orders.
(4)
The sale of cable services or video services for resale in which
the purchaser is required to collect the service provider fee from
the purchaser's subscribers to the extent the purchaser certifies
in writing that it will resell the service within the Village and
pay the fee permitted by ILCS Ch. 220, Act 5, § 21-801(b),
with respect to the service.
(5)
Any tax or fee of general applicability imposed upon the subscribers
or the transaction by a city, state, federal, or any other governmental
entity and collected by the holder of the state-issued authorization
and required to be remitted to the taxing entity, including sales
and use taxes.
(6)
Security deposits collected from subscribers.
(7)
Amounts paid by subscribers to "home shopping" or similar vendors
for merchandise sold through any home shopping channel offered as
part of the cable service or video service.
C.
Revenue of an affiliate of a holder shall be included in the
calculation of gross revenues to the extent the treatment of the revenue
as revenue of the affiliate rather than the holder has the effect
of evading the payment of the fee permitted by ILCS Ch. 220, Act 5,
§ 21-801(b), which would otherwise be paid by the cable
service or video service.
HOLDER
A person or entity that has received authorization to offer
or provide cable or video service from the Commission pursuant to
ILCS Ch. 220, Act 5, § 21-401.
PEG
Public, education and governmental.
PEG ACCESS SUPPORT FEE
The amount paid under this article and ILCS Ch. 220, Act
5, § 21-801(d), by the holder to the Village for the service
areas within its territorial jurisdiction.
SERVICE
The provision of cable service or video service to subscribers
and the interaction of subscribers with the person or entity that
has received authorization to offer or provide cable or video service
from the Commission pursuant to ILCS Ch. 220, Act 5, § 21-401.
SERVICE PROVIDER FEE
The amount paid under this article and ILCS Ch. 220, Act
5, § 21-801, by the holder to a Village for the service
areas within its territorial jurisdiction.
VIDEO SERVICE
Video programming and subscriber interaction, if any, that
is required for the selection or use of such video programming services,
and which is provided through wireline facilities located at least
in part in the public right-of-way without regard to delivery technology,
including internet protocol technology. This definition does not include
any video programming provided by a commercial mobile service provider
defined in 47 U.S.C. § 332(d) or any video programming provided
solely as part of, and via, service that enables users to access content,
information, electronic mail, or other services offered over the public
internet.
All determinations and calculations under this article shall
be made pursuant to generally accepted accounting principles.
Nothing contained in this article shall be construed to exempt
a holder from any tax that is or may later be imposed by the Village,
including any tax that is or may later be required to be paid by or
through the holder with respect to cable service or video service.
A state-issued authorization shall not affect any requirement of the
holder with respect to payment of the Village's simplified municipal
telecommunications tax or any other tax as it applies to any telephone
service provided by the holder. A state-issued authorization shall
not affect any requirement of the holder with respect to payment of
the local unit of government's 911 or E911 fees, taxes or charges.
All fees due and payments which are past due shall be governed by ordinances adopted by this Village pursuant to the Local Government Taxpayers' Bill of Rights Act, ILCS Ch.
50, Act 45, § 1 et seq.
[Adopted 11-12-2013 by Ord. No. 13-37]
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 Customer Protection Law.
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 article, 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 to all providers of cable or
video service within the Village.
A. "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.
B. 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.
C. 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 Subsection
B.
D. The Village Council hereby delegates authority to levy penalties
to the Village Administrator.
E. Any decision of the Village Administrator to levy penalties may be
appealed to the Village Board, which shall conduct a hearing on the
alleged material breach and penalties levied therefor within 21 days
following receipt of the cable or video provider's request for an
appeal.
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
credit.