[HISTORY: Adopted by the President and Board of Trustees
of the Village of Bannockburn as indicated in article histories. Amendments
noted where applicable.]
[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:
That term as defined in 47 U.S.C. § 522(6).
The Illinois Commerce Commission.
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.
Gross revenues shall include the following:
Recurring charges for cable or video service.
Event-based charges for cable service or video service, including,
but not limited to, pay-per-view and video-on-demand charges.
Rental of set-top boxes and other cable service or video service
equipment.
Service charges related to the provision of cable service or
video service, including but not limited to activation, installation,
and repair charges.
Administrative charges related to the provision of cable service
or video service, including but not limited to service order and service
termination charges.
Late payment fees or charges, insufficient funds check charges,
and other charges assessed to recover the costs of collecting delinquent
payments.
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.
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).
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.
The service provider fee permitted by 220 ILCS 5/21-801(b).
Gross revenues do not include any of the following:
Revenues not actually received, even if billed, such as bad
debt, subject to 220 ILCS 5/21-801(c)(1)(vi).
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.
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.
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.
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.
Security deposits collected from subscribers.
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.
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.
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.
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 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.
A.
Fee imposed. A fee is hereby imposed on any holder providing cable
service or video service in the Village.
B.
Amount of fee. The amount of the fee imposed hereby shall be 5% of
the holder's gross revenues.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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,[1] 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.
A.
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.
B.
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.).
A.
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]
B.
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.
A.
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]
B.
"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.
C.
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.
