[HISTORY: Adopted by the President and Board of Trustees of the Village of Bannockburn as indicated in article histories. Amendments noted where applicable.]
Article I Provider and PEG Access Support Fees
[Adopted 11-12-2007 by Ord. No. 2007-36]
This article is adopted pursuant to two new laws enacted in Public Act No. 95-0009: the Illinois Cable and Video Competition Law of 2007, found at 220 ILCS 5/21-100 et seq., and the Cable and Video Customer Protection Law, found at 220 ILCS 5/70-501 et seq. The Village desires to establish the service provider fee and the PEG access support fee that municipalities are now allowed to impose on holders of authorizations to provide cable or video service by the Illinois Commerce Commission under the Cable and Video Competition Law (220 ILCS 5/21-801). The Village also desires to adopt by reference all of the customer service and privacy protection standards and enforcement powers set forth in the Cable and Video Customer Protection Law.
As used in this article, the following terms shall have the meanings indicated:
- CABLE SERVICE
- That term as defined in 47 U.S.C. § 522(6).
- The Illinois Commerce Commission.
- 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 220 ILCS 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 220 ILCS 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 telecommunication 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 220 ILCS 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 Village, 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 220 ILCS 5/21-801(b) which would otherwise be paid by the cable service or video service.
- A person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to 220 ILCS 5/21-401.
- Public, education and governmental.
- PEG ACCESS SUPPORT FEE
- The amount paid under this article and 220 ILCS 5/21-801(d) by the holder to the Village for the service areas within its territorial jurisdiction.
- 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 220 ILCS 5/21-401.
- SERVICE PROVIDER FEE
- The amount paid under this article and 220 ILCS 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.
Fee imposed. A fee is hereby imposed on any holder providing cable service or video service in the Village.
Amount of fee. The amount of the fee imposed hereby shall be 5% of the holder's gross revenues.
Notice to the Village. The holder shall notify the Village at least 10 days prior to the date on which the holder begins to offer cable service or video service in the Village.
Holder's liability. The holder shall be liable for and pay the service provider fee to the Village. The holder's liability for the fee shall commence on the first day of the calendar month following 30 days after receipt of a copy of this article by the holder. A copy of this article shall be sent by mail, postage prepaid, to the address listed on the holder's application notice sent pursuant to 220 ILCS 5/21-401(b)(6) to the Village.
Payment date. The payment of the service provider fee shall be due on a quarterly basis, 45 days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee.
Exemption. The fee hereby imposed does not apply to existing cable service or video service providers that have an existing franchise agreement with the Village in which a fee is paid.
PEG fee imposed. A PEG access support fee is hereby imposed on any holder providing cable service or video service in the Village in addition to the fee imposed pursuant to § 115-3 of this article.
Amount of fee. The amount of the PEG access support fee imposed hereby shall be 1% of the holder's gross revenues or, if greater, the percentage of gross revenues that incumbent cable operators pay to the Village or its designee for PEG access support in the Village.
Payment. The holder shall pay the PEG access support fee to the Village or to the entity designated by the Village to manage PEG access. The holder's liability for the PEG access support fee shall commence on the date set forth in § 115-3D.
Payment due. The payment of the PEG access support fee shall be due on a quarterly basis, 45 days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee.
Credit for other payments. An incumbent cable operator that elects to terminate an existing agreement pursuant to 220 ILCS 5/21-301(c) shall pay, at the time they would have been due, all monetary payments for PEG access that would have been due during the remaining term of the agreement had it not been terminated pursuant to that section. All payments made by an incumbent cable operator pursuant to the previous sentence may be credited against the fees that that operator owes under Subsection B.
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 telecommunications tax, telecommunications infrastructure maintenance fee, 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.
Audit requirement. The Village will notify the holder of the requirements it imposes on other cable service or video service providers to submit to an audit of its books and records. The holder shall comply with the same requirements the Village imposes on other cable service or video service providers in its jurisdiction to audit the holder's books and records and to recompute any amounts determined to be payable under the requirements of the Village. If all local franchises between the Village and cable operator terminate, the audit requirements shall be those adopted by the Village pursuant to the Local Government Taxpayers' Bill of Rights Act (50 ILCS 45/1 et seq.). No acceptance of amounts remitted should be construed as an accord that the amounts are correct.
Additional payments. Any additional amount due after an audit shall be paid within 30 days after the Village's submission of an invoice for the sum.
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 (50 ILCS 45/1 et seq.).
Adoption. The regulations of 220 ILCS 5/22-501 are hereby adopted by reference and made applicable to the cable or video providers offering services within the Village's boundaries.
[Amended 5-22-2017 by Ord. No. 2017-12]
Amendments. Any amendment to the Cable and Video Customer Protection Law that becomes effective after the effective date of this article shall be incorporated into this article by reference and shall be applicable to cable or video providers offering services within the Village's boundaries. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this article by reference without formal action by the corporate authorities of the Village.
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.
The Village, pursuant to 220 ILCS 5/22-501(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 for each day of the material breach, and shall not exceed $25,000 for each occurrence of a material breach per customer.
[Amended 5-22-2017 by Ord. No. 2017-12]
"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.
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.
[Amended 5-22-2017 by Ord. No. 2017-12]
The Village hereby adopts the schedule of customer credits for violations. Those credits shall be as provided for in the provisions of 220 ILCS 5/22-501(s) and 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 providing the credits and the customer is under no obligation to request the credit.