[HISTORY: Adopted by the Village Board of the Village of
Kronenwetter 11-13-2018 by Ord.
No. 18-18. Amendments noted where applicable.]
The provisions of Wis. Stats. § 66.0420 are hereby
incorporated as though fully set forth herein. The additional provisions
of this chapter supplement those provisions of the state statutes
as allowed therein. Any person who owns, leases, operates, controls,
constructs or maintains a video service or cable television service
shall comply at all times with the provisions herein when constructing,
operating or maintaining a video service or cable television service
in the Village.
A.
Video service provider fee. Video service providers and cable operators
shall pay a video service provider fee to the Village in an amount
equal to 5% of the provider's gross receipts.
B.
Supporting documentation. Payment of the fees set forth in Subsection A above shall be accompanied by documentation verified by an agent or officer with the authority to legally bind the provider that is sufficient for the Village to verify the accuracy of the fees being paid by the provider. The failure to provide such documentation shall subject the provider to a forfeiture of not less than $100 nor more than $5,000 per day until such time the documentation is provided to the Village.
A.
Number of PEG channels. Video service providers and cable operators
shall provide capacity for up to two PEG channels.
B.
Location of PEG channels. PEG channels must be carried on any service
tier that is viewed by more than 50% of the video service provider's
or cable operator's customers. Video service providers or cable
operators may not charge an extra fee nor require the rental of special
equipment in order for their customers to view such PEG channels if
such fees or equipment are not required to view any of the non-PEG
channels on such service tiers.
C.
Quality of PEG channels. Video service providers and cable operators
shall not carry a PEG television signal in a lesser format or lower
resolution than that afforded to a nonbroadcast digital programmer
carried on the video or cable system. The signal quality of PEG channels
shall be indistinguishable or better than the signal of the non-PEG
channels carried by the video service provider or cable operator.
D.
Origination points. Video service providers and cable operators shall
supply and maintain upstream capacity from all origination points
(a.k.a. "live drops") as the Village may identify and shall provide
sufficient capacity for carriage of a television signal from each
of these origination points at all times.
E.
Substantial utilization of PEG channels and PEG programming.
(1)
Procedures for disconnection due to failure to substantially utilize
PEG channel.
(a)
Written notice of objection to program as not locally produced.
A video service provider or cable operator must provide written notice
to the Village Clerk within 10 days of the first or original airing
of any program that the video service provider or cable operator is
objecting to the program as having not been locally produced. Such
notice shall describe with particularity the program being objected
to, the date and time the program was first aired and the factual
basis supporting the objection. Failure to timely provide this notice
waives the objection.
(b)
Written notification of failure to substantially utilize channel.
A video service provider or cable operator must provide written notification
to the Village Clerk within 10 days following any week in which the
video service provider or cable operator objects that the PEG channel
has not been substantially utilized. Such notice shall describe with
particularity the time period being objected to, the dates and times
during the week in which quality programming was not aired and the
factual basis supporting the objection. Failure to timely provide
this notice waives the objection.
(c)
Written notification of intention to disconnect, reprogram or
drop PEG channel. A video service provider or cable operator must
provide 120 days advance written notification to the Village Clerk
that the video service provider or cable operator intends to disconnect,
reprogram or drop a PEG channel. A video service provider or cable
operator may not disconnect, reprogram or drop any PEG channel without
providing such timely written notice. Furthermore, should the Village
Clerk provide the video service provider or cable operator with a
written response that the PEG channel was substantially utilized during
the time period in question or will be substantially utilized by the
municipality, the video service provider or cable operator shall not
disconnect, reprogram or drop the PEG channel.
(2)
Locally produced programming. "Locally produced programming" shall
include programming produced by any PEG channel, programming that
has not been commercially aired, and programming produced for original
airing in the broadcast market in which it was produced. The term
"locally produced" shall not require that the programming was created,
filmed or produced in the Village of Kronenwetter or Marathon County.
PEG stations may share and exchange programming content in order to
meet the substantial utilization requirements of Wis. Stats. § 66.0420(5)(b).
F.
Underwriting of programming. PEG channels may transmit noncommercial
programming to subscribers generally or to specific recipients of
video service providers or cable operators. Nothing herein shall in
any way prohibit or prevent PEG channels from accepting grants or
sponsorships in support of such programming nor shall PEG channels
be prohibited from acknowledging such grants or sponsorships before,
during or immediately after such PEG programming has been broadcast
in such a manner that is similar to the manner in which the Public
Broadcasting System (PBS) acknowledges the substantially similar support
of its programming content. Such acknowledgements shall comply with
the requirements of 47 USC § 399b as though the PEG channel
were a public broadcast station.
G.
Notice of intention to move PEG channel locations or designations.
Any video service provider or cable operator who intends to move any
PEG channel from the channel designations in effect at the time this
chapter is enacted may only make such a change after providing 60
days advance written notice to the PEG channel director. Additionally,
such video service provider or cable operator shall engage in a public
education program of such intensity and duration as to reasonably
inform the general public of the proposed PEG channel designations.
A.
Subject to police powers. Video service providers and cable operators
are subject to the police power of the Village to adopt and enforce
general ordinances necessary to the safety, health and welfare of
the public. The grant of a statewide video or cable franchise, does
not render or to any extent lose, waive, impair or lessen the lawful
powers and rights, now or hereafter vested in the Village under the
Constitution and Statutes of the State of Wisconsin to regulate the
use of streets and public ways or to regulate any matter affecting
the safety, health and welfare of the public. The Village shall make
the video service providers' and cable operators' history
of compliance with such codes and ordinances available to the Department
of Financial Institutions so that the Department may determine the
providers' or operators' legal, financial and technical
qualifications to provide video services.
B.
Design, permits, construction and excavation. Video service providers
and cable operators shall comply with all applicable Village codes
and ordinances and shall be subject to any forfeitures so specified
for any violations thereof. The Village shall make the history of
compliance with such codes and ordinances available to the Department
of Financial Institutions so that the Department may determine the
providers' or operators' legal, financial and technical
qualifications to provide video services.
