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.