[Ord. No. 97-01, 2-3-1997]
For the purpose of this Article the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is mandatory and “may” is permissive. Words not defined shall be given their common and ordinary meaning.
ADDITIONAL SERVICE
Shall mean cable television communications service provided by the Grantee or others over its Cable System for which a special charge is made based on program or service content, time or spectrum space usage, and shall include all cable television services offered by the Grantee that are not included within the “basic service tier”.
BASIC SERVICE TIER
Shall mean those subscriber services provided by the Grantee, pursuant to the Cable Television Consumer Protection and Competition Act of 1992, including the delivery of broadcast signals electing carriage and any public, educational and governmental access covered by the regular monthly charge paid by all subscribers, excluding optional services for which a separate charge is made.
BOARD
Shall mean the Monroe County Board, the governing body of Monroe County.
CABLE MILE
Shall mean a linear mile of strand-bearing cable as measured on the street or easement from pole to pole or pedestal to pedestal.
CABLE SYSTEM (CS)
Shall mean 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 for sale to or use by the inhabitants or businesses of the County.
CLASS IV CHANNEL
Shall mean a signaling path provided by a Cable System to transmit signals of any type from a subscriber terminal to another point in the cable system.
CONVERTER
Means an electronic device, which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and by use of an appropriate channel selector also permits a subscriber to receive all signals delivered at designated converter dial locations.
COUNTY
Is Monroe County, a municipal corporation of the State of Illinois.
FCC
Shall mean the Federal Communications Commission and any legally appointed or elected successor.
FRANCHISE
Shall mean the non-exclusive rights granted pursuant to this Article to construct and operate a Cable System along the public ways within all or a specified area in the County. Any such authorizations, in whatever form granted, shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the County as required by other ordinances and laws of this County.
GRANTEE
Shall mean any “person” receiving a Franchise pursuant to this Article and its lawful successor, transferee or assignee.
GROSS RECEIPTS
Shall mean all receipts derived directly or indirectly by the Grantee, from providing cable television services within the County, including, but not limited to, basic subscriber and additional service monthly fees, pay cable fees, installation and reconnection fees, leased channel fees, converter rentals, studio rental, production equipment and personnel fees, and advertising revenues; provided, however, that this shall not include any taxes or copyright fees on services furnished by the Grantee herein imposed directly upon any subscriber or user by the state, local or other governmental unit and collected by the Grantee on behalf of said governmental unit.
INSTALLATION
Shall mean the connection of the system from feeder cable to subscribers’ terminals.
MONITORING
Means observing a communications signal, or the absence of a signal, where the observer is neither the subscriber nor the programmer, whether the signal is observed by visual or electronic means, for any purpose whatsoever. Provided, monitoring shall not include systemwide, non-individually addressed sweeps of the system for purposes of verifying system integrity, controlling return paths transmissions, or billing for services.
PERSON
Shall mean an individual, partnership, association, organization, corporation or any lawful successor, transferee or assignee of said individual, partnership, association, organization or corporation.
PUBLIC SCHOOL
Shall mean any school at any educational level operated within the County by any public, private or parochial school system, but limited to, elementary, junior high school, and high school.
REASONABLE NOTICE
Shall be written notice addressed to the Grantee at its principal office or such other office as the Grantee has designated to the County as the address to which notice should be transmitted to it, which notice shall be certified and postmarked not less than four (4) days prior to that day in which the party giving such notice shall commence any action which requires the giving of notice. In computing said four (4) days, Saturdays, Sundays and holidays recognized by the County shall be excluded.
REASONABLE ORDER
Shall be written orders not excessive or extreme as to costs or time to comply, governed by sound thinking.
SALE
Shall include any sale, exchange, barter or offer for sale.
SERVICE AREA
Shall mean the geographic area within Franchise territory having twenty-four (24) dwellings per cable mile.
STATE
Shall mean the State of Illinois.
STREET
Shall include each of the following which have been dedicated to the public or hereafter dedicated to the public and maintained under public authority or by others and located within the County limits; streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public ways and extensions and additions thereto, together with such other public property and areas that the County shall permit to be included within the definition of street from time to time.
SUBSCRIBER
Shall mean any person receiving either basic service or additional service from the Grantee.
USER
Means a party utilizing a cable system channel for purposes of production or transmission of material to subscribers, as contrasted with receipt thereof in a subscriber capacity.
[Ord. No. 97-01, 2-3-1997]
The Franchise granted by the County pursuant to this Article shall grant to the Grantee the right and privilege to erect, construct, operate and maintain in, upon, along, across, above, over and under the streets, now in existence and as may be created or established during its terms; any poles, wires, cable, underground conduits, manholes, and other conductors and fixtures necessary for the maintenance and operation of a Cable system.
[Ord. No. 97-01, 2-3-1997]
In the event Grantee shall enter into any other cable television franchise with any political subdivision in Madison County, St. Clair County or Monroe County providing for technological improvements or upgrade or special customer services not currently available in the County, Grantee shall notify the County of same within thirty (30) days of the effective date of the other franchise.
Following notification, Grantee shall submit a schedule for providing these system enhancements to be effectuated within the same period of time as the other franchise; provided, however, that Grantee is able to recoup its cost in a manner consistent with the terms agreed upon in the other communities. The County may grant extensions, where necessary, upon application by the Grantee, which shall demonstrate cause for the extension.
[Ord. No. 97-01, 2-3-1997]
This nonexclusive Franchise relates to the County limits as presently defined and to any area henceforth added thereto during the term of this Franchise.
[Ord. No. 97-01, 2-3-1997]
The Franchise and the rights, privileges and authority hereby granted shall take effect and be in force from and after final passage thereof, as provided by law, and shall continue in force and effect for a term of ten (10) years, provided that within thirty (30) days after the date of final passage of the Franchise the Grantee shall file with the County its unconditional acceptance of the Franchise and promise to comply with and abide by all its provisions, terms, and conditions.
[Ord. No. 97-01, 2-3-1997]
(A) 
This Franchise may be renewed by the County upon application of the Grantee pursuant to applicable law.
(B) 
A renewed Franchise may be granted pursuant to the Article as amended for an additional period of ten (10) years.
[Ord. No. 97-01, 2-3-1997]
In accepting this Franchise, the Grantee acknowledges that its rights hereunder are subject to the police power of the County to adopt and enforce general ordinances necessary to the safety and welfare of the public; and it agrees to comply with all applicable general laws and ordinances enacted by the County pursuant to such power.
Any conflict between the provisions of this Franchise and any other present or future lawful exercise of the County’s police powers shall be resolved in favor of the latter, except that any such exercise that is not of general application in the jurisdiction or applies exclusively to Grantee or CS franchises which contains provisions inconsistent with this Franchise shall prevail only if upon such exercise, the County finds an emergency exists constituting a danger to health, safety, property or general welfare or such exercise is mandated by law.
[Ord. No. 97-01, 2-3-1997]
(A) 
No CS shall be allowed to occupy or use the streets or public right-of-way of the County or be allowed to operate without a CS Franchise.
(B) 
No Grantee or other multichannel video programming distributor shall enter into or enforce an exclusive contract for the provision of cable service or other multichannel video programming with any Person, or demand the exclusive right to serve a Person or location, as a condition of extending service to that or any other Person or location.
(C) 
No Grantee or other multichannel video programming distributor shall engage in acts that have the purpose or effect of limiting competition for the provision of cable service or services similar to cable service in the County, except for such actions as are expressly authorized by law.
[Ord. No. 97-01, 2-3-1997]
The County shall have the right, during the life of this Franchise, to install and maintain free of charge upon the poles owned by the Grantee any wire and pole fixtures that do not unreasonably interfere with the CS operations of the Grantee.
[Ord. No. 97-01, 2-3-1997]
All notices from Grantee to the County pursuant to this Franchise shall be to the County Clerk. Grantee shall maintain with the County, throughout the term of this Franchise, an address for service of notices by mail.
[Ord. No. 97-01, 2-3-1997]
(A) 
Indemnification. The Grantee shall, by acceptance of the Franchise granted herein, defend Grantor, its Officers, Boards, Commissions, Agents, and Employees for all claims for injury to any person or property caused by the negligence or alleged negligence of Grantee in the construction or operation of the cable system and in the event of a determination of liability shall indemnify and hold Grantor, its Officers, Boards, Commissions, Agents, and Employees harmless from any and all liabilities, claims, demands, or judgments growing out of any injury to any person or property as a result of the violation or failure of Grantee to observe it’s proper duty or because of the negligence or alleged negligence of Grantee arising out of the construction, repair, extension, maintenance, operation or removal of its wires, poles or other equipment of any kind or character used in connection with the operation of the cable system.
(B) 
Insurance.
(1) 
The Grantee shall maintain throughout the term of the Franchise insurance in amounts at least as follows:
Worker’s Compensation
Statutory Limits
Commercial General Liability
$100,000 per occurrence, Combined Single Liability (C.S.L.) $2,000,000 General Aggregate
Auto Liability including coverage on all owned, non-owned or hired autos
$1,000,000 per occurrence C.S.L.
Umbrella Liability
$1,000,000 per occurrence C.S.L.
(2) 
The County shall be added as an additional insured to the above Commercial General Liability, Auto Liability and Umbrella Liability insurance coverage.
(3) 
The Grantee shall furnish the County with current certificates of insurance evidencing such coverage.
(4) 
The minimum amounts set forth herein for such insurance shall not be construed to limit the liability of the Grantee to the County under the Franchise issued hereunder to the amounts of such insurance.
[Ord. No. 97-01, 2-3-1997]
(A) 
Grantee shall not deny service, deny access, or otherwise discriminate against subscribers, channel users, or general citizens on the basis of race, color, religion, national origin, age or sex. Grantee shall comply at all times with all other applicable federal, state and local laws and regulations, and all executive and administrative orders relating to nondiscrimination which are hereby incorporated and made part of this Article by reference.
(B) 
Grantee shall strictly adhere to the equal employment opportunity requirements of the FCC and state and local regulations, as amended from time to time.
(C) 
No signals of a Class IV cable communications channel shall be transmitted from a subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the subscriber. The request for such permission shall be contained in a separate document with a prominent statement that the subscriber is authorizing the permission in full knowledge of its provision. Such written permission shall be for a limited period of time not to exceed one (1) year, which shall be renewable at the option of the subscriber. No penalty shall be invoked for a subscriber’s failure to provide or renew such an authorization. The authorization shall be revocable at any time by the subscriber without penalty of any kind whatsoever provided that such revocation request may be required to be in writing by Grantee. Such authorization is required for each type or classification of Class IV cable activity planned; provided however, that the Grantee shall be entitled to conduct systemwide or individually addressed “sweeps” for the purpose of verifying system integrity, controlling return-path transmission, or billing for services.
(D) 
The Grantee, or any of its agents or employees, shall not, without the specific written authorization of the subscriber involved, sell, or otherwise make available to any party;
(1) 
Lists of the names and addresses of such individual subscribers, or;
(2) 
Any list which identifies the viewing habits of individual subscribers.
(E) 
The CS of the Grantee shall be operated in a manner consistent with the principle of fairness and equal accessibility of its facilities, equipment, channels, studios and other services to all citizens, businesses, public agencies or other entities having a legitimate use for the network; and no one shall be arbitrarily excluded from its use; allocation of use of said facilities shall be made according to the rules or decisions of the Grantee and any regulatory agencies affecting the same.
(F) 
Grantee shall establish rates that are nondiscriminatory within the same general class of subscribers which must be applied fairly and uniformly to all subscribers in the franchise area for all services. Nothing contained herein shall prohibit the Grantee from offering:
(1) 
Discounts to commercial and multiple family dwelling subscribers billed on a bulk basis;
(2) 
Promotional discounts; or
(3) 
Reduced installation rates for subscribers who have multiple services.
[Ord. No. 97-01, 2-3-1997]
Minimum public notice of any public meeting relating to this Franchise shall be by publication at least once in a newspaper of general circulation in the area at least ten (10) days prior to the meeting, posting at Court House and by announcement on at least one (1) channel of the Grantee’s CS for five (5) consecutive days prior to the meeting.
[Ord. No. 97-01, 2-3-1997]
If any section, subsection, sentence, clause, phrase, or portion of this Article is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance.