[HISTORY: Adopted by the Village Board of the Village of
Williams Bay as Ch. 19 of the 2011 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Service other than service provided by the grantee to the
subscriber on a monthly basis and for which the subscriber pays a
set fee.
When used in relation to grantee, means another person or
entity who owns or controls, is owned or controlled by, or is under
common ownership or control with the grantee.
The lowest priced tier of service that includes the retransmission
of local broadcast television signals.
Hereinafter referred to as "system." Any network of cables,
optical, electrical or electronic equipment, including cable television
systems, used for the purpose of transmission of electrical impulses
of television, radio and other intelligences, either analog or digital,
for sale or use by inhabitants of the Village.
Collectively means the Cable Communications Policy Act of
1984 and the Cable Television Consumer Protection and Competition
Act of 1992, as amended by the Telecommunications Act of 1996.
The one-way transmission to subscribers of video programming,
or other programming services, and subscriber interaction, if any,
which is required for the selection or use of such video programming
or other programming service.
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 facility that serves only to retransmit the television signals
of one or more television broadcast stations;
A facility that serves subscribers without using any public
way;
A facility of a common carrier which is subject, in whole or
in part, to the provisions of Title II of the Communications Act of
1934, except that such facility shall be considered a cable system
[other than for purposes of Section 621(c)] to the extent such facility
is used in transmission of video programming directly to subscribers
unless the extent of such use is solely to provide interactive on-demand
services; or
An open video system that complies with Section 653 of Title
VI of the Communications Act of 1934.
A frequency band six MHz in width within which a standard
television broadcast signal is delivered by cable to a subscriber
terminal.
The operation will be considered to have commenced when sufficient
distribution facilities have been installed so as to permit the offering
of cable services to at least 25% of the dwelling units located within
the designated service area.
A signaling path provided by a cable television system to
transmit signals of any type to specified subscriber terminals with
the cable television system.
The Federal Communications Commission and any legally appointed
or elected successor governmental entity thereto.
The initial authorization, or renewal thereof, issued by
the Franchising Authority, whether such authorization is designated
as a franchise, permit, license, resolution, contract, certificate,
or otherwise, which authorizes construction and operation of the cable
system.
The present municipal boundaries of the Franchising Authority,
and shall include any additions thereto by annexation or other legal
means.
All charges imposed for a franchise whether the object be
regulation, revenue or one time reimbursement of costs incurred by
the Village in the award of this franchise.
The Village of Williams Bay, Wisconsin, or the lawful successor,
transferee, or assignee thereof.
Any person, firm, company, corporation or association to
whom a franchise is granted by the Village Board under this chapter
and the lawful successor, transferee thereof.
Any and all revenue in whatever form, from any source, directly
received by the grantee or affiliate of the grantee that would constitute
a cable operator of the cable system under the Cable Act, derived
from the operation cable system to provide cable services insofar
as such operation in any manner requires use of the public ways in
the service area. Gross revenues shall include but not be limited
to basic, expanded basic and pay service revenues, revenues from installation,
rental of converters, the applicable percentage of the sale of local
and regional advertising time, and any leased access revenues.
Gross revenues shall not include any taxes on services furnished
by the grantee, which taxes are imposed directly on a subscriber or
user by a city, county, state or other governmental unit, and collected
by the grantee for such entity, and remitted by the grantee to such
entity.
Gross revenue shall not include:
Any tax fee assessment or charge of any kind imposed by any
governmental authority (including franchise and copyright fees) appearing
as a separate line on subscriber statements and collected for direct
pass through to federal, state, or local authorities;
Refundable deposits collected from subscribers or any other
person; provided, however, any interest earned or collected on such
deposits while they are held by grantee shall be included, unless
such interest earned or collected on such deposits is returned to
the subscriber;
Any item which the grantee may itemize on subscriber statements
pursuant to the Cable Act, as amended, including, without limitation:
Revenue included in gross revenue shall not be counted more
than once; therefore, revenue included once in gross revenues shall
not be added to gross revenues again if it is received by an affiliate
of the grantee in payment for programming or other goods or services
supplied by affiliated entities of the grantee to the extent that
such revenues derived from activities beyond the power of the Franchising
Authority to license for revenue. Revenues of affiliated entities
are included in this definition in order that the grantee shall not
escape or limit its obligation to pay franchise fees through the creation
or use of said affiliated entities.
The land, electronic processing equipment, antennas, tower,
building and other appurtenances normally associated with and located
at the starting point of a broadband telecommunications network, excluding
the studio.
An individual, partnership, association, joint stock company,
trust, corporation or governmental entity.
The surface of, and the space above and below, any public
street, highway, freeway, bridge, land path, alley, court, boulevard,
sidewalk, parkway, way, lane, public way, drive, circle, or other
public right-of-way, including, but not limited to, public utility
easements, dedicated utility strips, or rights-of-way dedicated for
compatible uses and any temporary or permanent fixtures or improvements
located thereon now or hereafter held by the Franchising Authority
in the service area which shall entitle the Franchising Authority
and the grantee to the use thereof for the purpose of installing,
operating, repairing, and maintaining the cable system. "Public way"
shall also mean any easement now or hereafter held by the Franchising
Authority within the service area for the purpose of public travel,
or for utility service use dedicated for compatible uses, and shall
include other easements or rights-of-way as shall within their proper
use and meaning entitle the Franchising Authority and the grantee
to use thereof for the purposes of installing and operating the grantee's
cable system over poles, wires, cables, conductors, ducts, conduits,
vaults, manholes, amplifiers, appliances, attachments and other property
as may be ordinarily necessary and appurtenant to the cable system.
Unless otherwise defined in any Franchise Agreement, the
provision of notice of contemplated action delivered at least 72 hours
prior to such action.
A break in the continuity of cable services involving the
loss of audio or video to one or more channels to one or two subscribers
in the service area.
A break in the continuity of cable services, involving the
loss of audio or video to one or more channels to three or more subscribers
in the service area.
A person who receives services of the cable system under
a subscription agreement with the grantee.
Operation will be considered substantially completed when
sufficient distribution facilities have been installed so as to permit
the offering of full network service to at least 75% of the dwelling
units in the franchise area.
The Village of Williams Bay or the area within the limits
of the Village of Williams Bay.
The Village Board for the Village of Williams Bay and any
legally appointed or elected successor or agency thereof.
A.
The franchise granted under this chapter shall give to the grantee the nonexclusive right and privilege to construct, erect, operate, modify and maintain in, upon, along, across, over and under streets, as defined in § 160-1 of this chapter, which have been or may be dedicated and open to public use in the Village, towers, antennas, poles, cables, electronic equipment and other network appurtenances necessary for the operation of a broadband telecommunications network in the Village utilizing, wherever possible, existing facilities with the right upon application to the designated Village official to set poles or other equipment on facilities constructed by applicant, all of which shall be first presented in the form of a Village-wide plan which shall be subject to approval by the Village Plan Commission. A nonproliferation of poles policy for aesthetic purposes shall be considered.
B.
The Village shall require all developers of future subdivisions,
when making provisions for or restrictions of utilities in the subdivision
plat, to include cable television services. It is intended by this
subsection to include cable television services in the same class
as public utilities.
The grantee shall be subject to the following restrictions and
conditions with regard to the operation of the system, which conditions
and restrictions shall be in addition to any other subsection of this
chapter or other sections of this Municipal Code.
A.
Cables, wires and other equipment in connection with such system
shall only be installed and operated on or under the public rights-of-way
upon the poles or in underground conduit and equipment of the existing
utilities within the Village, and their successors or assigns, where
conduits exist and where space in installed conduits is available.
Installation of any additional poles, conduit or other equipment for
the installation of cables, wires and other overhead equipment and
underground equipment in public rights-of-way in connection with the
system shall be subject to the authorization of the Village Board
or its designated representative. In reaching a decision as to such
additional poles or equipment, the suggestions, if any, of the utility
companies servicing or planning to serve such area may be considered.
Underground installation shall always be preferred. However, the grantee
may construct its plant aerial so long as there is one utility aerial.
B.
Such wires, cables and other underground or overhead equipment shall
be located as may be required of telephone companies or power lines
by the Public Service Commission. All equipment shall be grounded
in the same manner as required by the State Electrical Code for electrical
services existing on the date of installation of any equipment.
C.
The grantee shall pay all costs incurred by the Village if restoration
of the public rights-of-way becomes necessary as a result of grantee's
construction of its system or its operation. The grantee and the Village
shall coordinate the restoration of the public rights-of-way if it
becomes necessary for the grantee to open or otherwise disturb the
public rights-of-way.
D.
The grantee shall, at its own expense, protect, support, temporarily
or permanently disconnect, relocate in the same public right-of-way
or remove from any public right-of-way any property owned or used
by the grantee if required by the Village for reasons of traffic conditions,
public safety, street vacation, freeway and street construction, change
or establishment of street grade, installation of sewers, drains,
water pipes, power lines and tracts or any other type of structures
or improvements by governmental agencies when acting in a governmental
capacity. The Village shall provide the grantee notice of its intention
to make changes which might otherwise cause Grantee expense pursuant
to this subsection and the grantee shall have an opportunity to comment.
E.
The grantee shall, upon the request of any person holding a building
moving permit issued by the Village, temporarily raise or lower its
lines or disconnect or take them down to permit the moving of buildings.
The expense of such removal, raising or lowering of wires shall be
paid by the person requesting the same and the grantee shall be given
not less than three working days' advance notice to arrange for such
temporary wire changes.
F.
All installations by the grantee of cables and incidental equipment
shall comply in all respects with all laws, ordinances, rules and
regulations of the Federal Communications Commission, the state or
any agency or department thereof, and the Village or any agency or
department thereof, now or hereafter in effect.
G.
The grantee shall provide and maintain its equipment in such condition
and of such quality so that none of its service will adversely affect
radio and television reception.
H.
Installation and maintenance of equipment shall be such that standard
color signals shall be transmitted with reasonable and acceptable
fidelity to all subscribers.
I.
The grantee shall not directly or indirectly require or solicit of
any subscriber the patronage of any designated person or company engaged
in the servicing, sale or repair of television receivers. The above
shall not apply to the repair or adjustment of equipment which is
a part of the system of the grantee.
J.
The grantee shall submit to inspections by duly authorized personnel
of the Village and shall make available to such inspectors or duly
authorized personnel its facilities and equipment wherever situated.
The Village reserves the right to enact reasonable regulations regarding
the installation and maintenance of the facilities of the grantee.
K.
The grantee shall have the authority to trim trees upon and overhanging
public rights-of-way of the Village so as to prevent the branches
of such trees from coming in contact with the wires and cables of
the grantee, except that at the option of the Village, such trimming
may be done by it or under its supervision and direction.
The grantee's right, title, or interest in the franchise shall
not be sold, transferred, assigned, or otherwise encumbered, other
than to an entity controlling, or controlled by, or under common control
with the grantee, without the prior consent of the Franchising Authority,
such consent not to be unreasonably withheld. No such consent shall
be required, however, for a transfer in trust, by mortgage, by other
hypothecation, or by assignment of any rights, title or interest of
the grantee in the franchise or cable system in order to secure indebtedness
that occurs in the ordinary course of its business. Within 60 days
of receiving the request for transfer, the Franchising Authority shall,
in accordance with FCC rules and regulations, notify the grantee in
writing of the information it requires to determine the legal, financial,
and technical qualifications of the transferee. If the Franchising
Authority has not taken action on the grantee's request for transfer
with 120 days after receiving such request, consent by the Franchising
Authority shall be deemed granted, unless the Franchising Authority
and the requesting party agree to an extension of time.
A.
The term of this franchise shall be for a period of 15 years and
shall be in full force and effect for such term subject to the provisions
of this chapter.
B.
Every two years, during the term of this franchise, during the month
of January, at a regular or special Village Board meeting, the Village
and the grantee, at either party's option, may meet to discuss application
of new technologies, system performances, services provided, programming
offered, customer complaints and judicial and FCC rulings affecting
the operation of the system. The parties shall compare the services
offered by the grantee to those of other standalone systems in similar
market situations, and if then appropriate, the parties may renegotiate
any of the above provisions, provided that such changes do not adversely
affect economic viability of the franchise or adversely affect programming
and maintenance services to the subscribers.
C.
At the 12th year of the franchise or, if mutually agreed by the Village and grantee during one of the review and renegotiations described in Subsection B above, the Village and grantee shall consider extension of the franchise for 15 additional years. The purpose of this provision is to allow for maximum flexibility in the financial planning on the part of the grantee and for the Village in anticipating future services. It is further the purpose of this provision to encourage the Village to examine the grantee's performance and to plan for the future in providing cable television service as well as to reward the satisfactory performance of the grantee. The Village may at any time reward the grantee for satisfactory performance by the extension of the franchise for five-year increments. This authority is granted so as to provide incentive to the grantee for satisfactory performance and maximum service.
If grantee's franchise is terminated or expires and there is
no judicial or administrative review of the termination or expiration
taking place, grantee shall within 90 days of termination or expiration
begin removal of all property owned by him and placed on a public
right-of-way unless permitted by the Village to abandon such property
in place or transfer such property to a purchaser.
A.
The grantee shall initiate construction and installation of the broadband
telecommunications network within six months of the effective date
of the franchise grant, having first obtained any necessary licenses
or certificates from the FCC, and the grantee shall have substantially
completed the construction and installation within the franchise area
within 12 months of the effective date of the franchise grant hereunder.
B.
The Village may in its discretion extend the time for grantee, acting
in good faith, to perform any act required hereunder. The time for
performance shall be extended or excused, as the case may be, for
any period during which grantee demonstrates to the satisfaction of
the Village Board that he is being subjected to delay or interruption
due to any of the following circumstances if reasonably beyond his
control:
C.
The grantee shall extend the cable system so as to provide full service
to all residents of newly annexed areas and all residents within the
Village limits where there is a density of at least 40 applicants
for service per mile.
D.
The grantee shall be allowed to furnish service from the head end
to areas other than the Village, provided that the construction or
provision of services to areas other than the Village does not prohibit,
impede or delay the substantial completion date of the system in the
Village. If any such program service or initial customer rate provided
to such other areas shall be in any manner superior to the program
service or initial customer rates provided within the Village, such
program service or initial customer rates shall be provided to the
Village.
A.
The rates which may be charged by the grantee to charter subscribers
who order service within 45 days after service first becomes available
in their area shall be as set forth in Exhibit 1, which is adopted herein by reference.[1] Rates for charter subscribers shall not be increased during
the twenty-four-month period following the date grantee shall commence
operation except, in the case of pay services and Sports Vision, to
reflect increases in the cost thereof to grantee which becomes effective
after the effective date of the franchise. Rates and fees charged
by grantee to subscribers other than charter subscribers shall not
be regulated, but shall not be higher than rates charged other Lakes
Area communities with similar service franchised with Community Cablevision.
[1]
Editor's Note: Said exhibit is on file in the Village office.
B.
The Village will follow the FCC rate regulations in its regulation
of the basic service rates and charges of the company and any other
cable television system operating in the Village, notwithstanding
any different or inconsistent provisions in the franchise.
C.
In connection with such regulation, the Village will ensure a reasonable
opportunity for consideration of the views of interested parties.
D.
The Village President, or his designee, is authorized to execute
on behalf of the Village and file with the FCC such certification
forms or other instruments as are now or may hereafter be required
by the FCC rate regulations in order to enable the Village to regulate
basic service rates and charges.
A.
Notice of violation. In the event that the Franchising Authority
believes that the grantee has not complied with the terms of the franchise,
it shall notify the grantee in writing of the exact nature of the
alleged noncompliance.
B.
The grantee's right to cure or respond. The grantee shall have 30 days from receipt of the notice described in Subsection A to respond to the Franchising Authority contesting the assertion of noncompliance, or to cure such default, or in the event that, by the nature of default, such default cannot be cured within the thirty-day period, take initial reasonable steps to remedy such default and notify the Franchising Authority of the steps being taken and the projected date that they will be completed.
C.
Public hearing. In the event that the grantee fails to respond to the notice described in Subsection A pursuant to the procedures set forth in Subsection B, or in the event that the alleged default is not remedied within 30 days or the date projected pursuant to Subsection B above, the Franchising Authority shall schedule a public hearing to investigate the default. Such public hearing shall be held at the next regularly scheduled meeting of the Franchising Authority which is scheduled at least five business days therefrom. The Franchising Authority shall notify the grantee in writing of the time and place of such meeting and provide the grantee with an opportunity to be heard.
D.
Enforcement. Subject to applicable federal and state law, in the
event the Franchising Authority, after such meeting, determines that
the grantee is in default of any provision of the franchise, the Franchising
Authority may pursue any and all remedies, including revocation of
the franchise. If the Franchising Authority declares the Franchise
Agreement to be revoked, it shall do so pursuant to the following:
(1)
The Franchising Authority shall give written notice to the grantee
of its intent to revoke the franchise on the basis of noncompliance
by the grantee, including one or more instances of noncompliance with
a material provision of the franchise. The notice shall set forth
the exact nature of the noncompliance. The grantee shall have 90 days
from such notice to object in writing and to state its reasons for
such objection. In the event the Franchising Authority has not received
a response satisfactory from the grantee, it may then seek termination
of the franchise at a public meeting. The Franchising Authority shall
cause notice to be served upon the grantee, at least 10 days prior
to such public meeting and stating its intent to request such termination.
(2)
At the designated meeting, the Franchising Authority shall give the
grantee an opportunity to state its position on the matter, after
which it shall determine whether or not the franchise shall be revoked.
The grantee may appeal such determination to an appropriate court,
which shall have the power to review the decision of the Franchising
Authority pursuant to law and to affirm, modify or reverse such decision
as justice may require.
(3)
Such court action must be initiated within 60 days of the issuance
of the determination of the Franchising Authority. In the event grantee
appeals the action of the Franchising Authority to a court of competent
jurisdiction, and such court affirms the actions of the Franchising
Authority, grantee will be liable to the Franchising Authority for
the costs of such action, including reasonable attorneys' fees.
(4)
The Franchising Authority may, at its sole discretion, take any lawful
action which it deems appropriate to enforce the Franchising Authority's
rights under the Franchise in lieu of revocation of the franchise.
The grantee shall pay to the Franchising Authority a franchise
fee equal to 5% of gross revenues received by the grantee from the
operation of the cable system to provide cable services. Payment will
be made on a quarterly basis. For the purpose of this section, the
twelve-month period applicable under the franchise for the computation
of the franchise fee shall be a calendar year, unless otherwise agreed
to in writing by the Franchising Authority and the grantee. The franchise
fee payment shall be due and payable 60 days after the close of the
preceding quarter. Each payment shall be accompanied by a certified
statement from a qualified representative of the grantee showing the
basis for the computation. The Franchising Authority shall have the
right to audit the books and records of the grantee relative to payment
due the Franchising Authority pursuant to this franchise, and upon
notice to the grantee. In the event such audit shall determine the
grantee has failed to make full payment to the Franchising Authority
pursuant to this franchise, grantee shall be liable to pay the cost
of conducting such audit and enforcing its findings. At such time
as the Cable Act is amended to change the maximum franchise fee percentage
allowable by law, then the Franchising Authority, at its sole discretion,
may increase the franchise fee to the maximum allowable by law. Prior
to instituting an increase in any franchise fee, the Franchising Authority
will provide the Grantee opportunity to address the Franchising Authority
at a regularly scheduled and noticed Village Board meeting with regard
to any objection to the proposed increase.
A.
The cable communications system permitted to be installed and operated
hereunder shall be operated in conformance with the FCC's Technical
Standards, 47 CFR 76.601 et seq.
B.
The grantee shall continue, throughout the term of the franchise,
to maintain the technical standards and quality of service set forth
in this section. Should the Village Board reasonably find, by resolution,
that the grantee has failed to maintain these technical standards
and quality of service, and should the resolution specifically enumerate
improvements to be made, the grantee shall make such improvements.
C.
The system shall carry and deliver to all subscribers all of the
signals as provided in the grantee's Exhibit 1, unless such signals,
other than from television stations in Wisconsin and Illinois, are
replaced by other signals.
Grantee shall investigate all complaints within 24 hours of
their receipt and shall in good faith attempt to resolve them within
48 hours' after notice. Grantee shall maintain a record of each complaint
and shall maintain such record for a period of two years. Such record
shall be available to the Village upon reasonable notice for review.
The grantee shall maintain a local telephone listing.
A.
The grantee shall maintain in full force and effect, at its own cost
and expense, during the term of the franchise, commercial general
liability insurance in the amount of $5,000,000 combined single limit
for bodily injury, property damage, casualty, fire, and theft. The
grantee shall provide a certificate of insurance designating the Franchising
Authority, its officers, employees and agents as an additional insured.
Such insurance shall be noncancellable during the existence of any
franchise agreement including any extension.
B.
It shall be expressly understood and agreed by and between the Village
and any grantee hereunder that the grantee shall save the Village
and its agents and employees harmless from and against all claims,
damages, losses and expenses, including attorney's fees sustained
by the Village on account of any suit, judgment, execution, claim
or demand whatsoever arising out of, but not limited to, copyright
infringements and all other damages arising out of the installation,
operation or maintenance of the Broadband Telecommunications Network
authorized herein, whether or not any act or omission complained of
is authorized, allowed or prohibited by this chapter and any franchise
granted hereunder. This provision shall not apply to acts of the Village,
its agents or employees.
C.
The grantee shall maintain, and by his acceptance of any franchise
granted hereunder agrees that he will maintain throughout the period
of initial construction a faithful performance bond running to the
Village in the penal sum of $25,000 conditioned that the grantee shall
well and truly observe, fulfill and perform each term and condition
of this chapter and any franchise granted hereunder and that in case
of any breach of condition of the bond, the amount thereof shall be
forfeited to the Village as liquidated damages. The bond shall contain
the following endorsement:
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It is hereby understood and agreed that this bond may not be
canceled nor the intention not to renew be stated until 30 days after
receipt by the Village Clerk of the Village of Williams Bay, Wisconsin,
by registered mail of a written notice of such intent to cancel or
not renew.
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D.
Upon completion of the initial construction phase of the physical
plant, the grantee will so inform the Village Board and grantee may
then petition the Village Board to reduce or eliminate this bond of
faithful performance.
The technical standards, including measurements of the construction
and systems to be operated in the Village shall comply with the minimum
standards established by the FCC.
The grantee shall comply with all conditions imposed by the FCC and by the state. Failure to obtain any required licenses or to comply with all such conditions shall be grounds to revoke the franchise under the procedure of § 160-9 without liability assigned to the Village.
A.
Use of subscriber data. Neither the grantee, the Village nor any
person shall initiate or use any form, procedure or device for procuring
information or data from cable subscribers' terminals by use of the
cable system without prior authorization from each subscriber so affected.
Valid authorization shall mean approval from the subscriber for a
period of time not to exceed one year and shall not have been obtained
from the subscriber as a condition of service.
B.
Subscriber data. Neither the grantee, the Village nor any person
shall, without prior written valid authorization from the Village
Board, provide any data identifying designated subscribers.
The grantee shall make available switching devices as are necessary
to permit a subscriber to use the subscriber's own antenna. Grantee
shall also provide a channel lock to enable the subscriber to control
viewing. The grantee may charge for such devices.
In addition to the procedures specified in § 160-9, the following shall be in effect:
A.
After notice and hearing, grantee may be subject to a forfeiture
if grantee fails to provide the service specified in this chapter
or any applicable government regulation. Grantee is not responsible
for failure to provide adequate service which is caused by acts of
God, strikes, governmental or military action or other conditions
beyond its control.
B.
Upon interruption of service, except for acts of God, strikes, governmental
or military action or with express prior permission of the Village,
the following shall apply:
C.
If grantee violates any provision of this chapter, it shall forfeit,
together with the costs of prosecution, not less than $50 nor more
than $500 for each violation.
A.
The grantee shall provide a free one time connection to all government
buildings and facilities listed below in accordance with the terms
and conditions applicable to each. The franchising authority shall
pay for all wiring within such building or facility in excess of one
hookup, with the exception of the school. This list may be changed
from time to time as the parties may agree and the circumstances change.
B.
Grantee shall:
(1)
Wire all classrooms, library, gym, multipurpose room and connect
the same to the video control center. Video control centers shall
be established, one for the elementary school and one for the high
school.
(2)
Provide access to the local channel with a two-way system enabling
the school to originate programming. Connection service shall be at
no charge and basic service shall be at no charge.
(3)
Provide access to local origination equipment (cameras and video
recorders) together with list of all available materials.
(4)
Provide advice and assistance in the use of equipment on a reasonable
time frequency.
A.
Unauthorized connections prohibited.
(1)
No
person, without the express consent of grantee, shall make any connection,
extension or division, whether physically, acoustically, inductively,
electronically or otherwise, with or to any segment of the grantee's
cable system.
(2)
No
person, without the express consent of the grantee, shall possess
or receive any signals or transmissions, including specifically the
transmission of messages or programming over the cable system on a
pay channel or pay per program basis. This shall include, but is not
limited to, tampering with cable converters.
B.
Unauthorized sale. No person shall sell or solicit for sale any facilities, devices or appurtenances used for the purpose of any or all acts prohibited in Subsection A above.
C.
Removal or destruction prohibited. No person shall willfully interfere,
tamper, remove, obstruct or damage any part, segment or content of
a franchise broadband telecommunications network for any purpose whatsoever.
D.
Penalty. Any person convicted of a violation of this section shall
for each offense forfeit not less than $100 nor more than $500, together
with costs of prosecution. Violation of this section shall be considered
a separate offense for each twenty-four-hour period the violation
continues following notification or discovery.
The Village shall have the right to intervene and the grantee
specifically agrees by its 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.
Grantee shall not, as to rates, charges, service, service facilities,
rules, regulations, employment or in any other respect, make or grant
any undue preference or advantage to any party, nor subject any party
to any unlawful prejudice or disadvantage.
If any subsection, sentence, clause or phrase of this chapter
is held unconstitutional or otherwise invalid, such infirmity shall
not affect the validity of this chapter as a whole and any portions
in conflict are hereby repealed. However, if the FCC declares any
subsection invalid, such subsection or subsections shall be renegotiated
by the Village and the grantee.
