[HISTORY: Adopted by the Board of Trustees of the Village of Morrisonville 1994 by Ord. No. 615 (Title 5, Ch. 5.36, of the 1980 Code). Amendments noted where applicable.]
A. 
There is adopted any and all applicable rules and regulations as set forth by the Federal Communications Commission pursuant to Section 632(b) of the Cable Television Consumer Protection and Competition Act of 1992 [47 U.S.C. § 543(b)] as amended and promulgated from time to time for the review of the basic service tier of cable television services and equipment necessary for the provision of such service tier.
B. 
For the purposes of this chapter, the basic service tier of cable television services means a separately available service tier to which subscription is required for access to any other tier of service, including as a minimum, but not limited to, all signals of domestic television broadcast stations provided to any subscriber (except a signal secondarily transmitted by satellite carrier beyond the local service area of such station, regardless of how such signal is ultimately received by the cable system), any public, educational, and governmental programming required by the franchise to be carried on the basic tier, and any additional video programming signals or service added to the basic tier by the cable operator. Equipment necessary to provide said basic tier of service shall be defined as those items of associated equipment necessary for the reception of basic cable service by a subscriber, including, but not limited to converter boxes, remote control units, additional outlets, and installations.
A. 
The Triax Intergovernmental Franchises' Agency (TIFA) is authorized to provide the grantee of the cable television franchise, the public, and interested parties with an opportunity to be heard either through the submission of written comments to TIFA over a period not to exceed 60 calendar days during the period of review of basic cable rates and associated equipment, or at a public hearing before TIFA, upon 14 days' written notice to the grantee of the cable television franchise of the time and place of the public hearing provided further that said notice shall indicate that the purpose of the public hearing is to receive the views of the grantee and interested parties on issues pertaining to regulation of the basic service tier of cable television services and equipment necessary to provide said basic tier of service; and provided further that notice of said public hearing shall be published in a local newspaper of general circulation at least 10 days before the date of this hearing, and provided further, that an agenda for said hearing shall be posted in a public place at the Village Hall at least seven days prior to said hearing.
B. 
Upon the adoption of the ordinance codified in this chapter, TIFA shall immediately notify the cable operator by certified mail, return receipt required, that TIFA intends to regulate subscriber rates charged for the basic service tier and associated equipment as authorized by the Cable Television Consumer Protection and Competition Act of 1992. Upon receipt of said notice from TIFA, the cable operator shall, within 30 days, file with TIFA its current rates for the basic service tier and associated equipment along with any additional documentation justifying the reasonableness of its rates.
A. 
The community shall establish that the period for review of rates of the basic service tier of cable television services and the equipment necessary to provide said basic tier of service shall be 30 days from the submission by the Federal Communications Commission Form 393 and any and all additional filings. If TIFA indicates to the community that it will take no action within 30 days from the date the cable operator files its basic cable rates with the community, the proposed rates will continue in effect.
B. 
In the event that additional time for review of the Federal Communications Commission Form 393 and any and all additional filings submitted by the cable operator is necessary, TIFA shall be permitted to issue a brief written order prior to the end of the thirty-day review period, with a copy of said order to be sent by Certified United States Mail to the grantee, providing for an additional ninety-day period for review of rates of the basic service tier and the equipment necessary to provide said basic tier of service.
A. 
TIFA shall be permitted to establish that the period for review of the basic service tier of cable television services and the equipment necessary to provide said basic tier of service shall be 30 days from the submission by the cable operator of information and forms prescribed by the Federal Communications Commission for a showing of cost-of-service, as defined by the Federal Communications Commission.
B. 
In the event that additional time for review of the cost-of-service showing submitted by the cable operator is necessary, TIFA shall be permitted to issue a brief written order prior to the end of the thirty-day review period with a copy of said order to be sent by certified United States Mail to the cable operator, providing for an additional 150-day period for review of rates of the basic service tier and the equipment necessary to provide said basic tier of service. During the extended review period and before taking action on the proposed rate, TIFA shall hold at least one public hearing in which interested citizens may express their views and record objections.
A. 
Upon completion of its review of the proposed rates for the basic service tier of cable television services and the equipment necessary to provide said basic tier of service, TIFA shall provide the corporate authorities with its determinations and findings. The corporate authorities shall adopt the findings of TIFA by formal resolution. Said resolution shall indicate the reasons for the decision.
B. 
In the event that the cable operator's proposed rates exceed the reasonable rate standard as established by the Federal Communications Commission in its rules and regulations attached hereto, the corporate authorities may order the rates reduced by rollbacks or refunds to subscribers, in the manner so prescribed by the Federal Communications Commission.
In considering information provided by the grantee as part of review of his rates for the basic service tier of cable television services and the equipment necessary to provide said basic tier of service, neither the community nor TIFA shall disclose to the public the content of any records, forms, reports, calculations, or other documents as provided which the grantee has indicated as being of a proprietary interest or constituting a trade secret in nature. The duly designated municipal officer shall retain the right to determine the validity of the grantee's claim of proprietary interest or trade secrecy in accordance with the provisions of the Illinois Freedom of Information Act.
The community may order the cable operator to refund to subscribers a portion of previously paid rates under the following circumstances:
A. 
A portion of the previously paid rates have been determined to be in excess of the permitted basic cable service tier charge or above the actual cost of equipment; or
B. 
The cable operator has failed to comply with a valid rate order issued by TIFA or the community.
Failure by the cable operator to comply with the terms and conditions established by this chapter, including its attachment hereto, may constitute a violation of Village ordinances and the terms of agreements between the Village and the cable operator. Said penalties for such violations may be subject to the conditions set forth therein.