HomeMy Public PortalAboutOrdinance 1830VILLAGE OF PLAINFIELD
ORDINANCE NO. 1830
ESTABLISHING THE TERMS AND CONDITIONS FOR
THE GRANTING OF CABLE TELEVISION FRANCHISES
WITHIN THE VILLAGE OF PLAINFIELD.
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE
VILLAGE OF PLAINFIELD
THIS 7TH DAY OF DECEMBER, 1998
PUBLISHED IN PAMPHLET FORM 8Y THE AUTHORITY OF THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL COUNTY,
ILLINOIS THIS 10TH DAY OF DECEMBER, 1998.
ORDINANCE NO. 1830
AN ORDINANCE ESTABLISHING THE TERMS AND CONDITIONS FOR
THE GRANTING OF CABLE TELEVISION FRANCHISES WITHIN THE
VILLAGE OF PLAINFIELD.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FOLLOWS:
I. That the following ordinance establishing the terms and conditions for
the granting of Cable Television Franchises within the Village of Plainfield
is hereby adapted.
II. This Ordinance shall be in full force and effect after its passage approval
and publication is required by law.
III. This Ordinance shall be numbered as Ordinance No. 1830
PASSED THIS 7th DAY OF December 1998.
AYES: O'Connell, Dement, Darnell, Rathbun.
NAYS: Stalzer, Smolich.
ABSENT: 0
APPROVED THIS 7th _ __ DAY OF December 199$.
~~
VILLAGE PRESIDENT
ATTEST:
VILLAGE ERK
PLAINFIFLD CABLE TELEVISION FRANCHISE ORDINANCF,
TABLE OF CONTENTS
Sec. 1. Short tide. 1
Scc.2. Definitions. 1
Sec. 3. Rights and privileges of Csrantee. 3
Sec. 4. Agreement. and incorporation of application by reference. 4
Sec. 5 Franchise territory 4
Sec. 6. Duration and acceptance of franchise. 4
Sec. 7. Franchise renewal. 5
Sec. 7a. Franchise renewal in the event. of change in federal law. 6
Sec. $. Police powers 7
Sec. 9. Cable Television Franchise rectuired 7
Sec. 10. Use of Grantee facilities. 7
Sec. 11. Initial Franchise Costs. 7
Sec. 12. Notices. 7
Sec. 13. Letter of credit/security deposit. 7
Sec. 14. Construction bond. 8
Sec. 15. Liability and insurance. 9
Sec. 16. Indemnification. 9
Sec. 17. Rights of individuals. 11
Sec. 18. Service availability and record request. 11
Sec. 19. System construction. 11
Sec. 20. Construction anti technical standards. 13
Sec. 21. IJse of streets. 14
Sec. 22. Operational standards. 15
Sec. 23. Customer service standards. 15
Sec. 24. Continuity of service mandatory. 17
Sec. 25. Coiriplaint. procedure. 17
Sec. 26. Grantee rules and regulations. 18
Sec. 27. Franchise fee. 18
Sec. 28. Transfer of ownership or control. 19
Sec. 29. Availability of books and records. 20
Sec. 30. Other petikions and applications. 21
Sec. 31. Fiscal reports. 21
Sec. 32. Removal of Cable Television system. 21
Sec. 33. Required services and facilities. 21
Sec. 34. Rules and Regulations 22
Sec. 35. Performance evaluation sessions. l2
Sec. 3G. Rate change procedures. 22 .
Sec. 37. Involuntary termination. 23
Sec. 38. Foreclosure. 24
Sec. 39. Receivership. 24
Sec. 40. Cainpliance with state and federal laws. 24
Sec. 41. Landlord/tenatrt.. 24
Sec. 42. ApplicantsfE bids for Initial Franchise. l5
Sec. 43. Financial, contractual, shareholder and system disclosure for franchises. 26
Sec. 44. Penalties. 27
Sec. 45. Procedures 28
PLAINFIELD CABLE TELEVISION FRANCHISE ORDINANCE
Sec. 1. Short title.
This chapter shall be known and may be cited as the Plainfield Cable Television
Franchise Ordinance.
Sec. 2. Definitions.
For the purpose of this chapter the, following terms, phrases, words and their derivations
shall have the meaning given herein:
Additional Service means any subscriber service provided by the grantee for which a
special chazge is made based on program or service content, time, or spectrum space usage.
Basic Service means all subscriber services provided by the Grantee in one (1) or more
service tiers, which includes the delivery of local broadcast stations, and public, educational and
government access channels. The Basic Service does not include optional program and satellite
service tiers, a la carte services (ta the extent such services are not Basic Service under FCC
rules), per channel, per program, or auxiliary services for which a sepazate charge is made.
However, Grantee may include other satellite signals on the Basic Service.
Cable mile means any extension of feeder or trunk measured from the nearest point of
distribution with adequate signal strength to allow for expansion.
Cable System or System or Cable Television System means a system of antennas, cables,
wires, lines, towers, wave guides, or other conductors, converters, equipment or facilities,
designed and constructed for the purpose of producing, receiving, transmitting, amplifying and
distributing, audio, video, data and other forms of electronic, electrical or optical signals, which
includes cable television service and which is located in the Village. The definition shall not
include any such facility that serves or will serve only subscribers without using Village rights-
of way.
Class IV Channel means a signaling path provided by a cable communications system to
transmit signals of any type from a subscriber terminal to another point in the cable
communications system.
Community Television means cablecasting of programming by residents or designees of
the Village through an association with Village government and the Grantee.
Control and/or Controlling Interest shall mean actual working control or ownership of a
System in whatever manner exercised. A rebuttal presumption of the existence of control or a
controlling interest shall azise from the beneficial ownership, directly or indirectly, by any Person
or Entity (except underwriters during the period in which they aze offering securities to the
public) of holding twenty percent (20%) or more of a Cable System or the Franchise under which
the System is operated. A change in the control or controlling interest of an Entity which has
control or a controlling interest in a Grantee shall constitute a change in the control or controlling
interest of the System under the same criteria. Control or controlling interest as used herein may
be held simultaneously by more than one Person or Entity.
Converter means an electronic device which converts signals to a frequency within the
television receiver of a subscriber, and by an appropriate channel selector also permits a
subscriber to view more than twelve (12) channels delivered by the system at designated
converter dial locations.
FCC means the Federal Communications Commission and any legally appointed
designated or elected agent or successor.
Franchise Fee means the fee that a company is required to pay tb the Village pursuant to
Section 27 of this Ordinance. This fee includes any tax, Fee or assessment of any kind imposed
by the franchising authority or other governmental entity on a cable operator or cable subscriber,
or both, solely because of their status as such; 'The term franchisee fee does not include:
(A) any tax, fee ar assessment of general applicability (including any such tax, fee, or
assessment imposed on both utilities and cable operators, or their services but not including a tax,
fee or assessment which is unduly discriminatory against cable operators or cable subscribers);
(B) in the case of any franchise in effect on the date of enactment of the 1984 Cable Act,
payments which are required by the franchise to be made by the Grantee during the term of such
franchise far, or in support of the use of, public, educational or governmental access facilities;
(C) in the case of any franchise granted after such date of enactment, capital casts which
are required by the franchise to be incurred by the Grantee for public, educational, or
governmental access facilities;
(D) requirements or changes incidental to the awazding or enforcing of the franchise,
including payments far bonds, security funds, letters of credit, insurance, indemnification,
penalties, or liquidated damages; or
(E) any fee imposed under title 17, United States Code.
Grantee means a person or entity to whom or which a Franchise under this chapter is
granted by the Village, along with the lawful successors or assigns of such person or entity.
Gross Revenues means all revenue collected directly or indirectly by the Grantee, azising
from ar attributable to the provision of cable service by the Grantee within the Village including,
but not limited to: periodic fees charged Subscribers for any basic, optional, premium, per-.
channel or per-program service; franchise fees; installation and reconnection fees; leased channel
fees; converter rentals and/or sales; program guide revenues; late or administrative fees; upgrade,
downgrade or other change-in-service fees; advertising revenues; revenues from home shopping
channels; revenues from the sale, exchange, use or cable cast of any programming developed on
the system for community or institutional use; and any value (at retail price levels) of any non-
monetary remuneration received by Grantee in consideration of the performance of advertising or
any other service of the system; provided, however, that this shall not include any taxes 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 the
governmental unit. The term Gross Revenues also includes revenues collected directly or
indirectly from other ancillary telecommunications services, including, but not limited to: point-
to-point telecommunications, point-to-paint multi-point telecommunications, data transmissions,
etc., but only to the extent that all other providers of such telecommunications services in the
Village aze subject to the same compensation requirements of the Village.
Initial Grantee means the person and his/her lawful successor who was granted a cable
television franchise by the Village of Plainfield in 1985 and proceeded to construct the first cable
television system in the Village; initial Grantee also includes the person who may obtain a
renewal of the above referenced cable television franchise.
Initial Service Area means all residential azeas in the Village having a density of at least
twenty (20) occupied dwelling units per cable mile.
Installation means the connection of the system from feeder cable to subscriber's
terminals.
May is permissive.
Normal Business Hours, as applied to the Grantee, shall mean those hours during which
similaz businesses in the Village are open to serve customers. In all cases, Normal Business
Hours must include some evening hours at least one night per week, and some weekend hours.
Normal Operating Conditions shall mean those service conditions that are within the
control of the Grantee. Those conditions that are not within the control of the Grantee include,
but aze not limited to: natural disasters, civil disturbances, power outages, telephone network
outages, and severe or unusual weather conditions. Those conditions which aze ordinarily within
the control of the Grantee include, but are not limited to, special promotions, pay-per-view
events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of
the Cable System.
Renewed Franchise means any franchise renewed pursuant to the franchise renewal
procedures in Section 626 of the 1984 Cable Act, as amended.
Shall is mandatory.
Service Interruption means the loss of picture or sound on one or more cable channels.
Street means the surface of and all rights-of--way and the space above and below any
public street, road, highway, freeway, lane, path, public way or place, sidewalk, alley, court,
boulevard, pazkway, drive or easement now or hereafter held by the Village for the purpose of
public travel and shall include other easements or rights-of--way as shall be now held or hereafter
held by the Village which shall, within their proper use and meaning entitle the Grantee to the
use thereof far the purposes of installing poles, wires, cable, conductors, ducts, conduits, vaults,
manholes, amplifiers, appliances, attachments, pedestals, and other property as may be ordinarily
necessary and pertinent to a cable television system.
Subscriber shall mean any person, firm, Grantee, corporation, or association lawfully
receiving any service provided by a Grantee pursuant to this chapter.
User means a party utilizing a cable television system channel far purposes of production
or transmission of material to subscribers, as contrasted with receipt thereof in a subscriber
capacity.
Sec. 3. Rights and privileges of Grantee.
Any franchise granted by the Village pursuant to Illinois Statutes (chapter
65 ILCS 5/11-42-11), shall grant to the Grantee, subject to the terms and conditions of the
franchise agreement between the Village and 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 television conductors and fixtures necessary for the
maintenance and operation of a Cable System.
Sec. 4. Agreement and incorporation of application by reference.
(a) Upon adoption of any franchise agreement and execution thereof by the Grantee, the
Grantee agrees to be bound by all the terms and conditions contained in this Ordinance.
(b) Any Grantee also agrees to provide all services specifically set forth in its application,
if there is one, and to provide cable television service within the confines of the Village; and by
its acceptance of the franchise, the Grantee specifically grants and agrees that its application is
thereby incorporated by reference and made a part of the franchise, except that the Grantee may
from time to time change its services in response to market and financial decisions.
Sec. 5. Franchise territory.
Any franchise is for the current territorial limits of the Village and for any area henceforth
added thereto during the term of the franchise.
Sec. 6. Duration and acceptance ofnon-exclusive franchise.
(a) Any franchise and the rights, privileges and authority hereby authorized shall take
effect and be in force from and after the signing of a franchise agreement by the Village, as
provided by law, and shall continue in force and effect for a term of no longer than fifteen (15)
years, provided that thirty (30) days prior to the date of signing of the franchise agreement the
Grantee shall file acceptance of the franchise and its promise to comply with and abide by all its
provisions, terms and conditions. Such franchise shall be non-exclusive and revocable only
under the terms herein or in the franchise agreement with Grantee.
(b) In the event the Village enters into an additional franchise agreement to use and
occupy the public right-of--way far the purpose of operating a cable system, said additional
franchise agreement should only be granted if the terms, conditions, and requirements relating to
payments, facilities, equipment and services to be provided by the subsequent cable operator
satisfy the applicable requirements set forth in Section 11-42-11 of the Illinois Municipal Code
(65 ILCS 5/11-42-11), as now or hereafter amended. Notwithstanding the applicability or repeal
of section 11-42-11, to maintain a competitively neutral and nondiscriminatory environment as
required by the Telecommunications Act of 1996, any additional Grantee shall provide terms,
conditions, and requirements relating to the payments, facilities, equipment and services and
regulatory requirements for use of the public right-of--way that are substantially equivalent to the
payments, facilities, equipment and services and regulatory requirements imposed on the Grantee
previously granted a franchise pursuant to this Ordinance.
Sec. 7. Franchise renewal.
Franchise renewal shall be prescribed by applicable law. City and Company by mutual consent
may enter into informal renewal negotiations at any time during the term of the franchise.
Pursuant to 47 U.S.C. °546, the following procedure shall apply:
(a) The Village may, on its own initiative, during the six-month period which begins
with the thirty-six (3b) month before the Franchise expiration, commence a proceeding which
affords the public in the Village appropriate notice and participation for the purpose of (1)
identifying the future cable-related community needs and interests and (2) reviewing the
performance of the Grantee under the Franchise. If the Grantee submits, during such six-month
period, a written renewal notice requesting the commencement of such proceeding, the Village
shall commence such proceeding not later than six (6) months after the date such notice is
submitted.
(b) Upon completion of the proceeding under paragraph (a) above, the Grantee may,
on its awn initiative or at the request of the Village, submit a proposal for renewal. The Village
may establish a date by which such proposal shall be submitted.
(c) Upon submittal by the Grantee of a proposal to the Village for the renewal of the
Franchise, the Village shall provide prompt, public notice of such proposal and renew the
Franchise or issue a preliminary assessment that the Franchise should not be renewed, and ~t the
request of the Grantee or on its own initiative, commence an administrative proceeding, after
providing prompt, public notice of such proceeding.
(d) The Village shall consider in any administrative proceeding whether: (1) the
Grantee has substantially complied with material terms of the existing Franchise and with
applicable law; (2) the quality of the grantees service, including signal quality, response to
consumer complaints and billing practices, but without regard to the mix or quality of cable
services or other services provided over the System, has been reasonable in the light of
community needs; (3) the Grantee has the financial, legal and technical ability to provide the
services, facilities and equipment as set forth in the grantees proposal; and (4) the grantees
proposal is reasonable to meet the future cable-related community needs and interests, taking into
account the casts of meeting such needs and interests.
(e) In any proceeding under paragraph (d), the Grantee shall be afforded adequate
notice and the Grantee and the Village, or its designee, shall be afforded fair opportunity far full
participation, including the right to introduce evidence (including evidence related to issues
raised in the proceedings under paragraph (a) above), to require the production of evidence and to
question witnesses. A transcript shall be made of any such proceeding.
(f) At the completion of a proceeding under paragraph (d), the Village shall issue a
written decision granting or denying the proposal for renewal based upon the record of such
proceeding and transmit a copy of such decision to the Grantee. Such decision shall state the
reasons therefor.
(g) Any denial of a proposal for renewal that has been submitted in compliance with
the procedures set forth above, shall be based on one or mare adverse findings made with respect
to the factors described at (1) through (4) of paragraph (d) pursuant to the record of the
proceeding under said paragraph. The Village may not base a denial of renewal on a failure to
substantially comply with the material terms of the Franchise or on events considered under
paragraph (d)(2) unless the Village has provided the Grantee with notice and the opportunity to
cure or in any case in which it is documented that the Village has waived its right to abject.
(h) The Grantee may appeal any final decision or failure of the Village to act in
accordance with the procedural requirements of this Section. The court shall grant appropriate
relief if the court finds that (1) any action of the Village is not in compliance with the procedural
requirements of this Section; or (2) in the event of a final decision of the Village denying the
renewal proposal, the Grantee has demonstrated that the adverse finding of the Village with
respect to each of the factors described in paragraph (d)(1) through (4) on which the denial is
based is not supported by a preponderance of the evidence, based on the record of the
administrative proceeding.
Sec. 7a. Franchise renewal in the event of change in federal law.
In the event that any or all of the above-referenced provisions of federal law are repealed,
the following relevant section(s) shall apply unless superseded by new law:
(a) At least twenty-four (24) months prior to the expiration of the franchise, the
Grantee shall inform the Village in writing of its intent to seek renewal of the franchise.
(b) The Grantee shall submit a proposal for renewal which demonstrates:
(1) That it has been and continues to be in substantial compliance with the
terms, conditions, and limitations of its franchise;
(2) That its system has been installed, constructed, maintained and operated in
accordance with its franchise; '
(3) That it has the legal, technical, financial, and other qualifications to
continue to maintain and operate its system, and so as to assure its Subscribers high quality
service; and
(4) That it has made a good faith effort to provide services and facilities which
accommodate the cable-related needs of the community as may be reasonably ascertained
through finding of facts given due consideration to the cost of meeting such needs by the Village.
(c) After giving public notice, the Village shall proceed to determine whether the
Grantee has satisfactorily performed its obligations under the franchise. To determine
satisfactory performance, the Village shall consider technical developments and performance of
the system, mix, quality and level of service received, and any other particulaz requirements set
forth in this chapter. The Grantee will supply cable television services sufficient to meet cable-
related community needs and interests given due consideration to the costs of meeting such
needs.
(d) The Village shall then work with the Grantee to prepaze any amendments to this
Ordinance that both parties agree evidence shows are required based on cable-related community
needs and interests.
(e) If the Village finds the grantees performance satisfactory, and finds the grantees
technical, legal, and financial abilities acceptable, and finds the grantees renewal proposal meets
the future cable-related needs of the Village, giving due consideration to the costs of meeting
same, a new franchise shall be granted pursuant to this Ordinance as amended for a period to be
determined.
Sec. $. Police powers.
(a) In accepting a franchise, the Grantee acknowledges that its rights thereunder are
subject to the police power of the Village 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 Village pursuant to such power.
Sec. 9. Cable Television Franchise required.
No cable television system shall be allowed to operate or to occupy or use the streets (i.e.,
rights-of--way) for system installation and maintenance purposes without a franchise.
Sec. 10. Use of Grantee facilities.
The Village shall have the right to install and maintain free of chazge upon the poles of
the Grantee any wire or pole fixtures that do not unreasonably interfere with the cable television
system operations of the Grantee. The Village shall indemnify and hold harmless the Grantee
from any claim that might azise due to or as a result of the village's use.
Sec. 11. Initial Franchise Costs.
Costs to be borne by the Grantee shall include any requirements or chazges incidental to
the awarding or enforcing of the initial franchise, but shall not be limited to: all costs of
publications of notices prior to any public meeting provided for pursuant to this chapter, and any
costs not covered by application fees, incurred by the Village in its study, preparation of proposal
documents, evaluation of all applications, and examinations of the applicants qualifications,
including reasonable fees far attorneys and cable television consultants.
Sec. 12. Notices.
All notices from the Grantee to the Village pwsuant to any franchise shall be to the
Village president's Office. The Grantee shall maintain with the Village, throughout the term of
the franchise, an address far service of notices by mail. The Grantee shall maintain a central
office to address any issues relating to operating under this cable television ordinance.
Sec. 13. Letter of credit/security deposit.
(a) Within fifteen (15) days after the awazd of the franchise, the Grantee shall deposit
with the Village either an irrevocable letter of credit from a financial institution or a security
deposit in the amount of seven thousand five hundred dollazs ($7,500), or three dollars ($3.00)
per basic subscriber in the Village, whichever is greater, with the form to be established by the
Village. The form and content of such letter of credit or security deposit shall be approved by the
Village Attorney. These instruments shall be used to ensure the faithful performance of the
Grantee of all provisions of this ordinance, and to ensure compliance with all orders, permits and
directions of any agency, commission, board, department, division, or office of the Village
having jurisdiction over its acts or defaults under this ordinance, and to ensure the payment by
the Grantee of any claims, liens, and taxes due the Village which arise by reason of the
construction, operation or maintenance of the system. .
(b) The letter of credit or security deposit shall be maintained at the amount
established above or as otherwise specified in a franchise agreement.
(c) If the Grantee fails to pay to the Village any compensation within the time fixed
herein; ar fails after thirty (30) days notice to pay to the Village any taxes due and unpaid; or
fails to repay the Village within thirty (30) days, any damages, costs or expenses which the
Village is compelled to pay by reason of any act or default of the Grantee in connection with the
franchise, or fails, after three (3) days notice of such failure by the Village to comply with any
provision of the franchise which the Village reasonably determines can be remedied by demand
on the letter of credit or security deposit, the Village may immediately demand payment of the
amount thereof, with interest and any penalties, from the letter of credit or security deposit. Upon
such demand far payment, the Village shall notify the Grantee of the amount and date thereof.
(d) The rights reserved to the Village with respect to the letter of credit aze in addition
to all other rights of the Village, whether reserved by the franchise or authorized by law, and no
action, proceeding or exercise of a right with respect to such letter of credit shall affect any other
right the Village may have.
(e) The letter of credit shall contain the fallowing endorsement: it is hereby
understood and agreed that this letter of credit or security deposit may not be canceled by the
surety nor the intention not to renew be stated by the surety until thirty (30) days after receipt by
the Village, by registered mail, of a written notice of such intention to cancel or not to renew
(f) Upon receipt of the thirty-day notice, this shall be construed as a default granting
the Village the right to demand payment from the bank for either the security deposit or letter of
credit.
(g) The Village at any time during the term of this Ordinance, may waive in writing
grantees requirement to maintain a letter of credit or security deposit or may lessen the amount.
The waiver of the requirement can be initiated by the Village or Grantee.
Sec. 14. Construction bond.
(a) Within thirty (30) days after the award of the franchise (excluding renewed
franchises), the Grantee shall file with the Village a performance bond in the amount of not less
than fifty percent (SO%) of the costs to install the system contained in the application in favor of
the Village. This band shall be maintained throughout the construction period and until such time
as determined by the Village, unless specified in the franchise agreement.
(b) If the Grantee fails to comply with any law, ordinance ar resolution governing the
franchise, or fails to fulfill and perform each term and condition of the franchise as it relates to
the conditions relative to the construction of the system, including the Franchise Agreement that
is incorporated herein by reference, there shall be recoverable jointly and severally, from the
principal and surety of the bond, any damages or loss suffered by the Village as a result,including
the full amount of any compensation, indemnification, or cost of removal or abandonment of any
property of the Grantee, plus a reasonable allowance for attorneys fees, including the villages
legal staff, and costs, up to the full amount of the bond. This section shall be an additional
remedy for any and all violations outlined in Section 13.
(c) The Village shall, upon completion of construction of the service area, waive the
requirement of the Grantee to maintain the bond. However, the Village may require a
construction bond to be posted by the Grantee for any construction subsequent to the completion
of the initial service areas where the estimated cost of the project exceeds forty thousand dollars
($40,000).
(d) The bond shall contain the following endorsement: it is hereby understood and
agreed that this bond may not be canceled by the surety nor the intention not to renew be stated
by the surety until thirty (30) days after receipt by the Village, by registered mail, a written
notice of such intent to cancel and not to renew
(e) Upon receipt of a thirty-day notice, this shall be construed as default granting the
Village the right to demand payment on the bond except to the extent another bond is provided.
(f) The Village, at any time during the term of this Ordinance, may waive in writing
grantees requirement to maintain a performance bond. The waiver of the requirement can be
initiated by the Village or the Grantee.
Sec. 15. Liability and insurance.
(a) The Grantee shall maintain and by its acceptance of the franchise specifically
agrees that it will maintain throughout the term of the franchise, liability insurance insuring the
Village and the Grantee in the minimum amount of:
(1) One million dollars ($1,000,000.00) for property damage to any one .;~..~-~~ ~'~
(2) Three million dollars ($3,000,000.00) far property damage from any one ~1_~::F~~:r.~~ '.
(3) One million dollars ($1,000,000.00) for personal injury to any one person;
(4) Three million dollars ($3,000,000.00) for personal injury from any one ~~~.~.,~-~ ~.
(b) The certificate of insurance obtained by the Grantee in compliance with this
section may be reviewed by the Village Attorney, name the Village as an additional insured, and
shall be filed and maintained with the Village during the term of the franchise.
(c) Neither the provisions of this section nor any damages recovered by the Village
thereunder, shall be construed to or limit the liability of the Grantee under any franchise issued
hereunder or for damages.
(d) All insurance policies maintained pursuant to the franchise shall contain the
following endorsement: it is hereby understood and agreed that this insurance policy may not be
canceled by the surety nor the intention not to renew be stated by the surety until thirty (30) days
after receipt by the Village, by registered mail, a written notice of such intention to cancel or not
to renew. This insurance shall be primary to any insurance obtained by the Village on its awn
behalf, notwithstanding anything to the contrary herein
Sec. 16. Indemnification.
(a) Disclaimer of Liability. The Village shall not at any time be liable for injury or
damage occurring to any Person or property from any cause whatsoever arising out of the
construction, maintenance, repair, use, operation, condition or dismantling of the grantees Cable
Television System or due to the act or omission of any Person or entity other than the Village or
those Persons or entities for which the Village is legally liable as a matter of law.
(b) Indemnification. The Grantee shall, at its sole cost and expense, indemnify and
hold harmless the Village, all associated, affiliated, allied and subsidiary entities of the Village
now existing or hereinafter created, and their respective officers, boards, commissions, '
employees, agents, attorneys and contractors, (hereinafter referred to as Indemnitees) from and
against the following:
(1) Any and all liabilities, obligations, damages, penalties, claims, liens, costs,
chazges, losses and expenses (including, without limitation, reasonable fees and expenses of
attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or
asserted against the Indemnities by reason of any act or omission of the Grantee, its personnel,
employees, agents, contractors or subcontractors, resulting in personal injury, bodily injury,
sickness, disease or death to any Person or damage to, lass of or destruction of tangible or
intangible property, libel, slander, invasion of privacy and unauthorized use of any trademazk,
trade name, copyright, patent, service mark or any other right of any Person, firm ar corporation,
which may arise out of or be in any way connected with the construction, installation, operation,
maintenance, use or condition of the Cable Television System caused by Grantee, its
subcontractors or agents or the grantees failure to comply with any federal, state or local statute,
ordinance or regulation.
(2) Any and all liabilities, obligations, damages, penalties, claims, liens; costs,
charges, losses and expenses (including, without limitation, reasonable fees and expenses of
attorneys, expert witnesses and consultants), which aze imposed upon, incurred by or asserted
against the Indemnities by reason of any claim or lien arising out of work, labor, materials or
supplies provided or supplied to the Grantee, its contractors or subcontractors, for the
installation, construction, operation or maintenance of the Cable Television System.
(3) Any and all liabilities, obligations, damages, penalties, claims, liens, costs,
chazges, losses and expenses (including, without limitation, reasonable fees and expenses of
attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or
asserted against the Indemnitees by reason of any financing or securities offering by Grantee or
its Affiliates far violations of any laws, statutes or regulations of the State of Illinois or of the
United States, including those of the Federal Securities and Exchange Commission, whether by
the Grantee or otherwise; excluding therefrom, however, claims which are solely based upon and
arise solely out of information supplied by the Village to the Grantee for consideration and in
writing, and included in the offering materials with the express written approval of the Village
prior to the offering.
(c) Assumption of Risk. The Grantee undertakes and assumes for its officers, agents,
contractors and subcontractors and employees all risk of dangerous conditions, if any, on or
about any village-owned or controlled property, including Public Rights-of--Way, and theGrantee
hereby agrees to indemnify and hold harmless the Indemnities against and from any claim
asserted or liability imposed upon the Indemnities for personal injury ar property damage to any
Person arising out of the installation, operation, maintenance or condition of the Cable Television
System or the grantees failure to comply with any federal, state or local statute, ordinance or
regulation except that nothing herein shall be construed to indemnify the above noted parties
from negligent acts on their part or the villages part.
(d) Defense of Indemnitees. In the event any action or proceeding shall be brought
against the Indemnitees by reason of any matter for which the indemnities are indemnified
hereunder, the Grantee shall, upon native from any of the Indemnitees, at the grantees sole cost
and expense, resist and defend the same.
(e) Notice, Cooperation and Expenses. The Village shall give the Grantee prompt
notice of the making of any written claim or the commencement of any action, suit or other
proceeding covered by the provisions of this section. Nothing herein shall be deemed to prevent
the Village from cooperating with the Grantee and participating in the defense of any litigation
by the village's own counsel.
(f) Nanwaiver of Statutory Limits. Nothing in this agreement is intended to express
ar imply a waiver by the village of statutory provisions, privileges or immunities of any kind or
nature as set forth in Illinois Statutes, including the limits of liability of the Village as exists
presently or may be increased from time to time by the Legislature.
Sec. 17. Rights of individuals.
(a) The 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,
income, sex, marital status, sexual preference ar age. The 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 aze hereby incorporated and made part
of this chapter by reference.
(b) The Grantee shall strictly adhere to the equal employment opportunity
requirements of the 1~ederal Communications Commission and of state and local governments,
and as amended from time to time.
(c) The Grantee shall, at all times, comply with the privacy requirements of state and
federal law.
(d) Grantee is required to make all services available to all residential dwellings
throughout the service area or as otherwise specified in a franchise agreement.
Sec. 18. Service availability and record request.
The Grantee shall provide cable television service throughout the entire franchise area
pursuant to the provisions of the franchise and shall keep a record for at least three (3) years of
all requests for service received by the Grantee. This record shall be available for public
inspection at the regional office of the Grantee during regular office hours.
Sec. 19. System construction.
(a) New construction timetable.
(1) Within two (2) years from the date of the award of the initial franchise, the
Grantee must make cable television service available to every dwelling unit within the initial
service area.
a. The Grantee must make cable television service available to at
least twenty (20) percent of the dwelling units within the initial service area within twelve (12)
months from the date of the award of the franchise.
b. The Grantee must make cable television service available to at
least fifty (50) percent of the occupied dwelling units within the initial service area within
eighteen (18) months from the date of the awazd of the franchise.
(2) The Grantee, in its application, may propose a timetable of construction
which will make cable television service available in the initial service area sooner than the
above minimum requirements, in which case the said schedule will be made part of the franchise
agreement, and will be binding upon the Grantee. .
(3) In special circumstances the Village may waive one hundred percent
(100%) completion within the two (2) year time frame, provided substantial completion is
accomplished within the allotted time frame, substantial completion to be not less than ninety-
five (95) percent. Justification for less than one hundred percent (100%) must be submitted
subject to the satisfaction of the Village.
(4) The Grantee shall install conduit, pedestals and vaults underground as
required by Section 20 (b)(8) below.
(b) Line extensions:
(1) In areas of the franchise territory not included in the initial service azeas,
the Grantee shall be required to extend its system pursuant to the following requirements:
a. No customer shall be refused service arbitrarily. Grantee is hereby
authorized to extend the Cable System as necessary within the Village. To expedite the process
of extending the Cable System into a new sub-division, the Village will forward to the Grantee
an approved engineering plan of each project. Subject to the density requirements in (b) below,
the Grantee shall commence the design and construction process upon receipt of the final
engineering plan. Upon notification from the Village that the first home in the project has been
approved far a building permit, the Grantee shall have a maximum of three (3) months to
complete the construction/activation process within the applicable project phase.
b. The Grantee shall extend and make cable television service
available to every dwelling unit in all unserved, developing areas having at least twenty (20)
occupied dwelling units per cable mile, as measured from the existing system, and shall extend
its system simultaneously with the installation of utility lines to the extent practical.
c. The Grantee shall extend and make cable television service
available to any isolated resident outside the initial service area requesting connection at the
standard connection chazge, if the connection to the isolated resident would require no more than
a standard one hundred and thirty (130) foot drop line.
(2) Early extension. In areas not meeting the requirements far mandatory
extension of service, the Grantee shall provide, upon the request of a patential subscriber desiring
service, an estimate of the grantees costs required to extend service to the subscriber. The
Grantee shall then extend service upon request of the potential subscriber. The Grantee may
require advance payment or assurance of payment satisfactory to the Grantee within a period of
36 months of payment. In the event the area subsequently reaches the density required for
mandatory extension, such payments which exceed the standard installation costs far said
installation shall be refunded to the subscriber.
(3) New development undergrounding. In cases of new construction ar
property development where utilities aze to be placed underground, the developer or property
owner shall give the Grantee reasonable notice of such construction ar development, and of the
particulaz date on which open trenching will be available for the grantees installation of conduit,
pedestals and/or vaults, and laterals to be provided at the grantees expense. The Grantee shall
also provide specifications as needed for trenching. Costs of trenching and easements required to
bring service to the development shall be borne by the developer or property owner; except that
if the Grantee fails to install its conduit, pedestals and/or vaults, and laterals within ten (10)
working days of the date the trenches are available, as designated in the notice given by the
developer or property owner to the Grantee, then should the trenches be closed after the ten (10)
day period, the cast of new trenching is to be borne by the Grantee.
(c) Special agreements. Nothing herein shall be construed to prevent the Grantee
from serving geographical areas not covered under this section upon agreement with developers,
property owner's residents, or businesses.
(d) The Grantee, in its application, may propose a line extension policy that will
result in serving more residents of the Village than as required above, in which case the grantees
policy will be incorporated into the franchise agreement and will be binding on the Grantee.
Sec. 20. Construction and technical standazds.
(a) Compliance with construction and technical standazds. The Grantee shall
construct, install, operate and maintain its system in a manner consistent with all laws,
ordinances, construction standards, governmental requirements. In addition, the Grantee shall
provide the Village, upon request, a written report of the results of the grantees annual proof of
performance tests conducted pursuant to Federal Communications Commission standazds and
requirements.
(b) Additional specifications:
(1) Construction, installation and maintenance of the cable television system
shall be performed in an orderly and workmanlike manner. All cables and wires shall be
installed, where possible, pazallel with electric and telephone lines. Multiple cable configurations
shall be arranged in parallel and bundled with due respect for engineering considerations.
(2) The Grantee shall at all times comply with:
a. National Electrical Safety Cade (National Bureau of Standazds);
b. National Electrical Code (National Bureau of Fire Underwriters);
c. Bell System Code of Pale Line Construction; and
d. Applicable FCC or other federal, state and local regulations.
(3) In any event, the System shall not endanger or interfere with the safety of
persons or property in the franchise azea or other areas where the Grantee may have equipment
located.
(4) Any antenna structure used in the system shall comply with construction,
mazking, and lighting of antenna structure, required by the United States Department of
Transportation.
(5) All working facilities and conditions used during construction, installation
and maintenance of the cable television system shall comply with the standards of the
occupational Safety and Health Administration.
(6) RF leakage shall be checked at reception locations for emergency radio
services to prove no interference signal combinations are possible. Stray radiation shall be
measured adjacent to any proposed aeronautical navigation radio sites to prove no interference to
airborne navigational reception in the normal flight patterns. FCC rules and regulations shall
govern.
(7) The Grantee shall maintain equipment capable of providing standby power
for headend, transportation and trunk amplifiers for a minimum of two (2) hours.
(8) In all azeas of the Village where all the cables, wires and other like
facilities of public utilities are placed underground, the Grantee shall place its cables, wires and
other like facilities underground consistent with Village adapted codes. When public utilities
relocate their facilities from pole to underground, the Grantee must concurrently do so. If said
utilities aze reimbursed for such relocation, the Grantee shall be entitled to like reimbursement.
Sec. 21. Use of streets.
(a) Interference with persons and improvements. The grantees system, poles, wires
and appurtenances shall be located, erected and maintained so that none of its facilities shall
endanger or interfere with the lives of persons or interfere with the rights or reasonable
convenience of property owners who adjoin any of the streets and public ways, or interfere with
any improvements the Village may deem proper to make, or hinder or obstruct the free use,of the
streets, alleys, bridges, easements or public property.
(b) Restoration to prior condition. In case of any disturbance of pavement, sidewalk,
landscaping, driveway or other surfacing, the Grantee shall, at its own cost and expense and in a
manner approved by the Village, replace and restore all paving, sidewalk, driveway, landscaping,
or surface of any street or alley disturbed, in as good condition as before the work was
commenced and in accordance with standards for such work set by the Village. Village approval
shall not be unreasonably withheld.
(c) Erection, removal and common uses of poles:
(1) No poles or other freestanding wire-holding structures for aerial plant shall
be erected by the Grantee without prior approval of the Village with regard to location, height,
types, and any other pertinent aspect. However, no location of any pole or wire-holding structure
of the Grantee shall be a vested interest and such poles or structures shall be removed or
modified by the Grantee whenever the Village determines that the public convenience would be
enhanced thereby.
(2) Where poles or other wire-holding structures already existing for use in
serving the Village are available for use by the Grantee, but it does not make arrangements far
such use, the Village may require the Grantee to use such poles and structures if it determines
that the public convenience would be enhanced thereby and the terms of the use available to the
Grantee are just and reasonable.
(d) Relocation of facilities. if at any time during the period of the franchise the
Village shall elect to alter, or change the grade of any street, alley or other public ways, the
Grantee, upon reasonable notice by the Village, shall remove or relocate as necessary its poles,
wires, cables, underground conduits, manholes and other fixtures at its own expense.
(e) Cooperation with building movers. The Grantee shall, on the request of any'
person holding abuilding-moving permit issued by the Village, temporarily raise or lower its
wires to permit the moving of buildings. The expense of such temporary removal, raising or
lowering of wires shall be paid by the person requesting the same, and the Grantee shall have the
authority to require such payment in advance. The Grantee shall be given not less than seventy-
two (72) hours advance notice to arrange for such temporary wire changes.
(f) Tree trimming. The Grantee shall not remove any tree without the prior consent of
the Village, and must trim trees in accordance with all Village regulations and procedures.
Sec. 22. operational standards.
(a) The Grantee shall maintain all parts of the system in good condition throughout
the entire franchise period.
(b) Upon the reasonable request for service by any person located within the franchise
territory, the Grantee shall, within thirty (30) days, furnish the requested service to such person
within terms of the line extension policy in Section 20 (b). A request for service shall be
unreasonable far the purpose of this subsection if no trunk or feeder line installation capable of
servicing that person's block has been installed.
(c) The Grantee shall render efficient service, make repairs promptly, and interrupt
service only for good cause and for the shortest time possible.
(d) The Grantee shall not allow its cable or other operations to interfere with
television reception of subscribers or persons not served by the Grantee, nor shall the system
interfere with, obstruct or hinder in any manner the operation of the various utilities serving the
residents within the confines of the Village nor shall other utilities interfere with the grantees
system.
Sec. 23. Customer service standards.
(a) Nothing in this chapter shall be construed to prohibit the enforcement of any
federal, state or local law or regulation concerning customer service or consumer protection that
imposes customer service standards or consumer protection requirements that exceed the
customer service standards set out in this chapter or that address matters not addressed in this
chapter.
(b) The Grantee shall maintain a Chicago area (Standard Metropolitan Statistical
Area) telephone access line which is available to its subscribers and shall have knowledgeable,
qualified representatives available to respond to customer telephone inquiries twenty-four (24)
hours per day, seven (7) days per week.
(c) Under normal operating conditions, telephone answer time, including wait time
and the time required to transfer the call, shall not exceed thirty (30) seconds. This standard shall
be met no less than ninety percent (90%) of the time as measured on a quarterly basis.
(d) Under normal operating conditions, the customer will receive a busy signal less
than three percent (3%) of the total time that the office is open for business.
(e) Customer service centers and bill payment locations will be open for walk-in
customer transactions a minimum of eight ($) hours per day Monday through Friday, unless there
is a need to modify those hours because of the location or customers served. The Grantee and
Village by mutual consent shall establish supplemental hours on weekdays and weekends as fits
the needs of the community.
(f) Under normal operating conditions, each of the following standards will be met
no less than ninety-five percent (95%) of the time as measured on an annual basis.
(1) Standard installations will be performed within seven (7) business days
after an order has been placed. A standard installation is one that is within one hundred twenty
five (125) feet of the existing system.
(2) Excluding those situations that are beyond its control, the Grantee will
respond to any service interruption promptly and in no event later than twenty-four (24) hours
from the time of initial notification. All other regular service requests will be responded to within
thirty-six (36) hours during the normal work week for that system except to the extent that other
arrangements acceptable to the customer can be made. The appointment window alternatives for
installations, service calls and other installation activities will be morning or afternoon; not to
exceed afour-hour window during normal business hours far the system, or at a time that is
mutually acceptable. The Grantee may schedule supplemental hours during which appointments
can be scheduled based on the needs of the consumers. If at any time an installer or technician is
running late, an attempt to contact the customer will be made and the appointment rescheduled as
necessary at a time that is convenient to the customer.
(g) Subscriber Credit for Outages. Upon service interruption of a subscribers cable
service, and upon subscriber request, the fallowing shall apply:
(1) Grantee shall provide a credit for lost Cable Service of not less than the
value of the actual time without service, due to an outage or interruption of Cable Service lasting
at least four (4) or more hours.
(h) The Grantee shall provide written information for each of the following areas at
the time of installation and at any future time upon the request of the customer:
(1) Product and services offered
(2) Prices and service options
(3) Installation and service policies
(4) How to use the cable television services
(i) Sills will be clear, concise and understandable, with all charges for cable services
and packages itemised.
(j) A Grantee may impose a late, administrative or other fee on a customer for non-
payment of a bill after 30 days have elapsed in the billing cycle which is the subject of the unpaid
bill.
(k) The Grantee shall notify customers a minimum of thirty (30) days in advance of
any rate or channel change.
(1) The Grantee shall maintain and operate its network in accordance with the rules
and regulations incorporated herein or as may be promulgated by the Federal Communications
Commission, the United States Congress, or the State of Illinois.
(m) The Grantee shall continue, through the term of the franchise, to maintain the
technical standards and quality of service set forth in this chapter. Should the Village obtain
evidence and determine by findings of fact that the Grantee has failed to maintain the technical
standards and quality of service, and should it, by resolution, specifically enumerate said failures,
the Grantee shall correct said failures Failure to make such improvements within three (3)
months of such resolution will constitute a breach of a condition for which penalties contained in
Section 46 are applicable.
(n) The Grantee shall keep a monthly service log which indicates the nature of each
service complaint received in the last six- (6) months, the date and time each complaint was
received, the disposition of each complaint, and the time and date thereof. This log shall be made
available for periodic inspection by the Village.
Sec. 24. Continuity of service mandatory.
(a) It shall be the right of all subscribers to continue receiving service insofar as their
financial and other obligations to the Grantee are honored. If the Grantee elects to over build,
rebuild, modify or sell the system, the Grantee shall reasonably act so as to ensure that the
system provides continuous, uninterrupted service regardless of the circumstances.
(b) If there is a change of franchise, or if a new operator acquires the system, the
Grantee shall cooperate with the Village, new franchisee or operator in maintaining continuity of
service to all subscribers. During such period, the Grantee shall be entitled to the revenues for
any period during which it operates the system, and shall be entitled to reasonable costs for its
services until it no longer operates the system.
(c) If the Grantee fails to operate the system for seven (7) consecutive days without
prior approval of the Village or without just cause, the Village may, at its option, operate the
system or designate an operator until such time as the Grantee restores service under conditions
acceptable to the Village or a permanent operator is selected.
Sec. 25. Complaint procedure.
(a) The Village President or his/her designee is designated as having primary
responsibility for the continuing administration of the franchise and implementation of complaint
procedures.
(b) During the terms of the franchise and any renewal thereof, the Grantee shall
maintain a central office reachable by a Chicago area (Standard Metropolitan Statistical Area)
non-toll telephone call to receive complaints regarding quality of service, equipment functions
and similar matters. The Grantee will make good faith efforts to arrange fax one ar more payment
locations in a central location where customers can pay bills within 20 miles of the Village.
(c) As subscribers are connected ar reconnected to the system, the Grantee shall, by
appropriate means, such as a card or brochure, furnish information concerning the procedures for
making inquiries or complaints, including the name, address and local telephone number of the
employee or employees or agent to whom such inquiries or complaints are to be addressed.
(d) When there have been similar complaints made, or where there exists recurring
evidence, which casts doubt on the reliability or quality of cable service, the Village shall have
the right and authority to require the Grantee to test, analyze and report on the performance of the
system. The Grantee shall fully cooperate with the Village in performing such testing and shall
prepare results and a report, if requested, within thirty (30) days after notice. Such report shall
include the following information:
(1) The nature of the complaint or problem that precipitated the special tests;
(2) The system component(s) tested;
(3) The equipment used and pracedures employed in testing; .
(4) The method, if any, in which such complaint or problem was resolved;
(5) Any other information pertinent to the tests and analysis which may be
required.
(e) The Village may require that tests be observed by an independent professional
engineer ar equivalent of the village's choice at the village's expense. The engineer shall be given
records of special tests and may forward to the Village such records with a report interpreting
the results of the tests.
(f) The villages rights under this section shall be limited to requiring tests, analysis
and reports covering specific subjects and characteristics based on recurring complaints or other
evidence when and under such circumstances as the Village has reasonable grounds in its
judgment to believe that the complaints or other evidence require that tests be performed to
protect the public against violations of this ordinance and an attendant franchise agreement.
Sec. 26. Grantee rules and regulations.
The Grantee shall have the authority to promulgate such rules, regulations, terms and
conditions governing the conduct of its business as shall be reasonably necessary to enable the
Grantee to exercise its rights and perform its obligations under the franchise, and to assure
uninterrupted service to each and all of its customers; provided, however, that such rules,
regulations, terms and conditions shall not be in conflict with the provisions hereof or applicable
state and federal laws, rules and regulations.
Sec. 27. Franchise fee.
(a) A Grantee shall pay to the Village a franchise fee in the amount designated in the
franchise agreement. Unless otherwise specified in the franchise agreement, such franchise fee
shall be five percent (S%) of the grantees gross revenues. If the statutory five (5) percent
limitation on franchise fees is raised or the federal statute deletes the franchise fee limitation
entirely, then the franchise fee shall be subject to renegotiation.
(b) The franchise fee payment shall be in addition to any other tax or payment owed
to the Village by the Grantee and shall not be construed as payment in lieu of municipal property
taxes or other state, county or local taxes.
(c) The franchise fee and any other penalties assessed shall be payable quarterly on a
calendar year basis to the Village within sixty (60) days of the end of each quarter. The Grantee
shall also file a complete and accurate verified statement of all gross receipts as previously
defined within sixty (60) days after the end of the quarter.
(d) The Village shall have the right to inspect the grantees income records and the
right to audit and to recompute any amounts determined to be payable under this chapter;
provided, however, that such audit shall take place within sixty (60) months following the close
of each of the grantees fiscal years. Any additional amount due the Village as a result of an audit
shall be paid within thirty (30) days following written notice to the Grantee by the Village, which
notice shall include a copy of the audit report.
except where Grantee may reasonably dispute such an amount.
(e) If any franchise payment or recomputed amount, or penalty, is not made on or
before the applicable dates heretofore specified, interest shall be charged daily from such date at
an annual rate of eighteen percent (18%).
Sec. 28. Transfer of ownership or control.
(a) A franchise shall not be assigned or transferred, either in whole or in part, without
the prior written consent of the Village. The Grantee may, however, transfer or assign the
franchise to a wholly owned subsidiary of the Grantee and such subsidiary may transfer or assign
the franchise back to the Grantee without such consent, providing that such assignment is
without any release of liability of the Grantee. Any proposed assignee must possess the necessary
legal, technical and financial qualifications to establish its ability to operate the system in
conformity with federal law and this Ordinance, proof of which shall be provided by the Grantee
and/or assignee to the reasonable satisfaction of the Village. Any proposed assignee must agree
to comply with all provisions of the franchise. The Village shall have one hundred and twenty
(120) days to act upon any request for approval of a sale or transfer submitted in writing that
contains
or is accompanied by all such information as is required. The Village shall be deemed to have
consented to a proposed transfer or assignment if its refusal to consent is not communicated in
writing to the Grantee within one hundred and twenty (120) days following receipt of written
notice together with all necessary information as to the effect of the proposed transfer or
assignment upon the public, unless the requesting party and the Village agree to an extension of
time. The Village shall not unreasonably withhold consent to a proposed transfer.
(b) The Grantee shall promptly notify the Village of any actual or proposed pending
change in, or transfer of, or acquisition by any other party of, control of the Grantee. The word
control as used herein is not limited to major stockholders but includes actual working control in
whatever manner exercised. A rebuttal presumption that a transfer of control has occurred shall
arise upon the acquisition or accumulation by any person or group of persons of twenty percent
(20%) of the voting shares of the Grantee. Every change, transfer or acquisition of control of the
Grantee shall make the franchise subject to cancellation unless and until the Village shall have
consented thereto, which consent shall not be unreasonably withheld. For the purpose of
determining whether it shall consent to such change, transfer or acquisition of control, the
Village may-investigate the legal, technical, and financial qualifications of the prospective
controlling party, and the Grantee and/or assignee shall reasonably cooperate with the Village's
investigation.
(c) The consent or approval of the Village to any transfer of the Grantee, franchise, or
control thereof, shall not constitute a waiver or release of the rights of the Village in and to the
streets, and any transfer shall by its terms, be expressly subordinate to the terms and conditions
of the franchise.
(d) In the absence of extraordinary circumstances, the Village shall not be required to
approve any transfer or assignment of a new franchise prior to substantial completion of the
initial construction of the proposed system.
(e) In no event shall a transfer of ownership ar control be approved without the
successor(s) in interest executing a written acceptance of the franchise agreement.
Sec. 29. Availability of books and records.
(a) The Grantee shall fully cooperate in making available at reasonable times, and the
Village shall have the right to inspect, where reasonably necessary or desirable for the
enforcement of the franchise, books, records, maps, plans and other like materials of the Grantee
applicable to the cable television system, at any time during normal business hours; provided
where volume and convenience necessitate, the Grantee may require inspection to take place on
the Grantee premises.
(b) The following records and/or reports are to be made available to the Village upon
request, but not more frequently than on a quarterly basis, unless mutually agreed upon by the
Grantee and the Village:
(1) a quarterly progress report submitted by the Grantee to the Village which
may include major construction progress reports, service call reports and outage history;
(2) periodic preventive maintenance reports;
(3) any copies of FCC Form 395-A (or successor form) or any supplemental
forms related to equal opportunity or fair contracting policies;
(4) subscriber inquiry/complaint resolution data and the right to review
documentation concerning these inquiries and/or complaints on an aggregate basis periodically
with respect for federal subscriber privacy legislation;
(5) during the rebuild of a substantial portion or all of the system in the
Village, periodic construction update reports including, where appropriate, the submission of as-
built maps.
Sec. 30.Other petitions and applications.
Upon request, Company shall submit copies of any public document issued or filed by
any federal or state regulatory agencies which are non-routine in nature that will materially and
directly affect the company's cable television operations within the franchise area.
Sec. 31. Fiscal reports.
(a) The Grantee shall file annually with the Village no later than one hundred twenty
(120) days after the end of the grantees fiscal year, a copy of a gross revenues statement certified
by the chief financial officer of the Grantee.
Sec. 32. Removal of Cable Television system.
Upon termination of the rights granted hereunder the Grantee shall remove designated
portions of the cable television system from the streets and public property within the Village as
may be required to serve the public interest. Upon such notice of removal, a bond shall be
furnished or an existing bond maintained by the Grantee in an amount sufficient to cover this
expense.
Sec. 33. Required services and facilities.
(a) The cable television system plant shall have a minimum bandwidth. of 750 MHZ. }
(b) Such system shall include, the technical ability to be activated for two-way ,~ eo""'
,,., <.
(c) The Grantee shall maintain the following:
(1) At least one (1)specially-designated, noncommercial public access
channel available on a first-come, nondiscriminatory basis;
(2) At least one (1)specially-designated channel for use by local educational
(3) At least one (1)specially-designated channel for local governmental uses;
(4) Provided, however, these uses may be combined on one or more channels
until such time as additional channels become necessary in the opinion of the Village. Studios
and associated production equipment will be located in a mutually agreed upon site to meet the
public's need far public access, education and local government access programming as noted in
(1), (2) and (3).
(5) Where the Village uses the Community television form of local
programming, sections 1 - 4 above may be revised in the franchise agreement provided that
technical and video production requirements remain intact.
(d) The Grantee shall incorporate into its cable television system the capacity to
permit the Village, in times of emergency, to override by remote control the audio of all analog
channels simultaneously, which the Grantee may lawfully override. The Grantee shall cooperate
with the Village in the use and operation of the emergency alert override system. The Village
agrees to indemnify and hold the Grantee harmless from any damages or penalties arising out of
the actions of the Village, its employees or agents in using such service.
(e) As more specifically delineated in a franchise agreement any Grantee shall
provide a separate network far the use of the franchising authority. Such network shall be
referred to herein, as the Institutional Network (I-NET). The I-NET shall be capable of
transmitting two-way audio, video and data information.
(f) Cooperation required. The Grantee shall cooperate to a reasonable degree with
any interconnection corporation, regional interconnection authority or Village, county, state and
federal regulatory agency which may be hereafter established for the purpose of regulating,
financing, or otherwise providing for the interconnection of cable systems beyond the boundaries
of the Village.
Sec. 34. Rules and regulations.
(a) In addition to the statutory powers of the Village to regulate and control any
cable television franchise, and those powers expressly reserved by the Village, or agreed to and
provided for herein, the right and power is hereby reserved by the Village to promulgate such
additional regulations as it shall find necessary in the exercise of its lawful police powers
provided, however, that such rules, regulations, terms and conditions shall not be in conflict with
the provisions herein, or those in a franchise agreement or applicable state and federal laws, rules
and regulations.
(b) The Village may also adopt such regulations at the request of Grantee upon
application.
Sec. 35. Performance evaluation sessions.
(a) The Village and the Grantee may hold scheduled performance evaluation sessions
within thirty (30) days of the third, sixth, and twelfth anniversary dates of the grantee's award or
renewal of the franchise and as may be required by federal and state law. All such evaluation
sessions shall be open to the public.
(b) Special evaluation sessions may be held at any time during the term of the
franchise at the request of the Village or the Grantee.
(c) Topics which may be discussed at any scheduled or special evaluation session
may include, but are not limited to: service rate structures; franchise fee, penalties, free or
discounted services; application of new technologies; system performance; services provided;
programming offered; customer complaints; privacy; amendments to this ordinance; judicial and
FCC rulings; line extension policies; and Grantee or Village rules.
Sec. 36. Rate change procedures.
Pursuant to the Cable Television Consumer Protection and Competition Act of 1992, as
amended, the Village of Plainfield may regulate the Basic Service rates chazged by Grantee.
Under these rules, Grantee may be required to obtain approval from the Village for a rate
increase far any change to the rates far Basic Service. Should Federal or State law permit further
rate regulation beyond the Basic Service the Village of Plainfield may assume such rate
regulation and adopt appropriate procedures for such regulation.
Sec. 37. Involuntary termination.
(a) In addition to all other rights and powers retained by the Village under this
ordinance or otherwise, the Village reserves the right to terminate the franchise agreement and all
rights and privileges of the Grantee hereunder in the event of a substantial breach of its terms and
conditions. A substantial breach by the Grantee shall include:
(1) The Grantee continues to willfully violate a material provision of the
franchise or any material rule, order, regulation or determination after written notice from the
Village made pursuant to the franchise;
(2) The Grantee practices an~ materi~l fraud in its conduct in obtaining or
(3) Failure to begin or complete system construction;
(4) Willful failure to pay taxes or Franchise Fees, ar penalties when and as
due the Village;
(5) Willful failure to maintain required insurance coverage;
(6) Failure to restore system service after seventy-two (72) consecutive hours
of interrupted service, provided the grantees failure to restore system wide service is not caused
by circumstances or events beyond the grantees reasonable control;
(7) Insolvency or bankruptcy of the Grantee;
($) Transfer of the franchise without Village approval pursuant to Section 28;
(9) The Grantee abandons its franchise. The Grantee shall be deemed to have
abandoned its franchise if it willfully refuses or is unable to operate the cable system as required
by this franchise, when there is no event beyond the grantees control that prevents the operation
of the cable system, and where operation would not endanger the health or safety of the public or
property.
(b) The foregoing shall not constitute a major breach if the violation occurs but is
without fault of the Grantee or occurs as a result of circumstances beyond its control. The
Grantee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of
its directors, officers or employees.
(c) The Village, at its option, may make a written demand that the Grantee comply
with any such provision, rule, order or determination under or pursuant to the franchise. If the
violation by the Grantee continues far a period of thirty (30) days following such written demand
is received by the Grantee without written proof that the corrective action has been taken or is
being actively and expeditiously pursued, the Village may place the issue of termination of the
franchise before the Village Board. The Village shall give the Grantee written notice, at least
twenty (20) days prior to the date of such meeting of the Village Board, of its intent to request
such termination and the time and place of the Board meeting. Public notice shall be given of the
meeting and the issue(s) which the Board is to consider.
(d) The Village Board shall hear and consider the issue(s) and shall hear any person
interested therein and shall determine findings of fact whether or not any violation by the
Grantee has occurred.
(e) If the Village Board determines that the violation by the Grantee was the fault of
the Grantee and within its control, the Board may, by resolution declare that the franchise of the
Grantee shall be involuntarily terminated; however, the Village shall also allow the Grantee an
opportunity for compliance within such period as the Board may fix, which period shall be
reasonable to effect compliance;
(f) The issue of involuntary termination may automatically be placed upon the
village's agenda at the expiration of the time set by it for compliance. The Village may then
terminate the franchise forthwith upon finding that the Grantee has failed to achieve compliance
or it may further extend the period at its discretion.
Sec. 3$. Foreclosure.
Upon the foreclosure or other judicial sale of all or a substantial part of the system, the
Grantee shall notify the Village of such fact, and such notification shall be treated as a
notification that a change in control of the Grantee has taken place, and the provisions of the
franchise governing the consent of the Village to such change in control of the Grantee shall
apply.
Sec. 39. Receivership.
The Village shall have the right to cancel a franchise one hundred twenty (120) days after
the appointment of a receiver, or trustee, to take over and conduct the business of the Grantee,
whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such
receivership or trusteeship shall have been vacated prior to the expiration of one hundred twenty
(120) days, or unless:
(1) Within one hundred twenty (120) days after his/her election or appointment, such
receiver or trustee shall have fully complied with all the provisions of this chapter and remedied
all defaults thereunder or presented a reasonable plan for said remedy; and
(2) Such receiver or trustee, within the one hundred twenty (120) days, shall have
executed an agreement, duly approved by the court having jurisdiction in the premises, whereby
such receiver ar trustee assumes and agrees to be bound by each and every provision of this
chapter and the franchise granted to the Grantee or as may otherwise be agreed to by the Village.
Sec. 40. Compliance with state and federal laws.
(a) Notwithstanding any other provisions of the franchise to the contrary, the Grantee
shall at all times comply with all laws and regulations of the state and federal government or any
administrative agencies thereof
(b) If the Village determines that a material provision of this chapter is affected by
any subsequent action of the state or federal government, the Village and the Grantee shall
negotiate to modify any of the provisions herein to such reasonable extent as may be necessary to
carry out the full intent and purpose of this agreement to the extent practicable and enforceable.
Sec. 41. Landlord/tenant.
(a) Interference with cable service prohibited. Neither the owner of any multiple unit
residential dwelling nor his agent or representative shall interfere with the right of any tenant or
lawful resident thereof to receive cable television service, cable installation ar maintenance from
a cable television Grantee regulated by and lawfully operating under a valid and existing
franchise issued by the Village.
(b) Penalties and charges to tenants for service prohibited. Neither the owner of any
multiple unit residential dwelling nor his agent or representative shall penalize, charge or
surcharge a tenant or resident or forfeit or threaten to forfeit any right of such tenant or resident,
or discriminate in any way against such tenant or resident who requests or receives cable
television service from a Grantee operating under a valid and existing cable television franchise
issued by the Village.
(c) Reselling service prohibited. No person shall resell, without the expressed, written
consent of both the Grantee and the Village, any cable service, program or signal transmitted by
a cable television Grantee under a franchise issued by the Village.
(d) Protection of property permitted. Nothing in this chapter shall prohibit a person
from requiring that cable television system facilities conform to laws and regulations and
reasonable conditions necessary to protect safety, functioning, appearance and value of premises
or the convenience and safety of persons or property.
(e) Risks assumed by Grantee. Nothing in this chapter shall prohibit a person from
requiring a Grantee to agree to indemnify the owner, or his agents or representatives for damages
or from liability for damages caused by the installation, operation, maintenance ar removal of
cable television facilities.
Sec. 42. Applicants bids for Initial Franchise.
(a) All bids received by the Village from the applicants for an initial franchise will
become the sole property of the Village.
(b) The Village reserves the right to reject any and all bids and waive informalities
and/or technicalities where the best interest of the Village may be served.
(c) All questions regarding the meaning or intent of this chapter or application
documents shall be submitted to the Village in writing. Replies will be issued by addenda mailed
or delivered to all parties recorded by the Village as having received the application documents.
The Village reserves the right to make extensions of time for receiving bids as it deems
necessary. Questions received less than fourteen (14) days prior to the date for the opening of
bids will not be answered. Only replies to questions by written addenda will be binding. All bids
must contain an acknowledgment of receipt of all addenda.
(d) Bids must be sealed, and submitted at the time and place indicated in the
application documents for the public opening. Bids may be modified at any time prior to the
opening of the bids, provided that any modifications must be duly executed in the manner that
the applicants bid must be executed. No bid shall be opened or inspected before the public
opening.
(e) Before submitting a bid, each applicant must:
(1) Examine this chapter and the applicatian documents thoroughly;
(2) Familiarize himself/herselftyith local conditions that ay in any manner
:'~`~+.~-~y;~.~--9~-E~-i~,a~C.rLC..+~1 .-~i..a~~~-.r.~.uc -L-J~. ~r~L.~:..~~
(3) Familiarize himself/herselftyith federal, state and local laws, ordinances,
(4) C ruefully correlate th~with the requirements of this chapter and the
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(f) The Village may make such investigations as it deems necessary to determine the
ability of the applicant to perform under the franchise, and the applicant shall furnish to the
Village all such information and data for this purpose as the Village may request. The Village
reserves the right to reject any bid if the evidence submitted by, or investigation of, such
applicant fails to satisfy the Village that such applicant is properly qualified to carry out the
obligations of the franchise and to complete the work contemplated therein. Conditional bids will
not be accepted.
(g) All bids received shall be placed in a secure depository approved by the Village
and shall not be opened nor inspected prior to the public opening.
Sec. 43. Financial, contractual, shareholder and system disclosure far franchises.
(a) No franchise will be granted to any applicant unless all requirements and demands
of the Village regazding financial, contractual, shareholder and system technology disclosures
have been met.
(b) Applicants, including all shareholders and parties with any interest in the
applicant, shall fully disclose all agreements and undertakings, whether written or oral, or
implied with any person, firm, group, association or corporation with respect to the franchise and
the proposed cable television system. The Grantee of a franchise shall disclose all other contracts
to the Village as the contracts aze made. This section shall include, but not be limited to, any
agreements between local applicants and national companies.
(c) Applicants, including all shareholders and parties with any interest in the
applicant, shall submit all requested information as provided by the terms of this chapter or the
application documents, which are incorporated herein by reference. The requested infarrnation
must be complete and verified as true by the applicant.
(d) Applicants, including all shareholders and parties with any interest in the
applicant, shall disclose the numbers of shares of stock, and the holders thereof, and shall include
the amount of consideration far each share of stock and the nature of the consideration.
(e) Applicants, including all shareholders and parties with any interest in the
applicant, shall disclose any information required by the application documents regarding other
cable systems in which they hold an interest of any nature, including, bat not limited to, the
following:
(1) Locations of all other franchises and the dates of award for each location;
(2) Estimated construction costs and estimated completion dates for each
-„~'~J f
(3) Estimated number of miles of construction and number of miles completed
in each system as of the date of this application; and
(4) Date for campletion of construction as promised in the application for
each system.
(f) Applicants, including all shazeholders and parties with any interest in the
applicant, shall disclose any information required by the application documents regazding
pending applications for other cable systems, including, but not limited to, the following:
(1) Location of other franchise applications and date of application far each
(2) Estimated dates of franchise awazds;
(3) Estimated number of miles of construction; and
(4) Estimated construction costs.
(5) Applicants shall also provide the following information to establish their
technical, legal and financial qualifications. 1) A detailed corporate structure of the applicant
including identities of parent and subsidiary corporations or partnership. 2) The identities of
shareholders of 5% or more of the stock of applicant and any parent organizations. The identities
of all officers and directors of the applicant. 3) A detailed financial pro-forma for the proposed
cable system including sources and uses of funds and detailed capital and operating projections
by category.
Sec. 44. Penalties.
For the violation of any of the following provisions of this ordinance, penalties shall be
chazgeable as follows:
(a) Failure to obtain or file evidence of required insurance, construction bond,
performance bond, ar other required financial security: fifty dollazs ($50) per day, per violation,
for each day such failure occurs or continues up to ten days, at which time, the penalty is doubled
and then tripled if the violation continues past thirty days;
(b) Failure to provide access to data, documents, records, or reports to the Village as
required by law sections 19, 29, 30, 31 and 37awenty-five dollars ($2S) per day, per violation,
for each day such failure occurs or continues up to ten days, at which time, the penalty is doubled
and then tripled if the violation continues past thirty days;
(c) Failure to comply with applicable construction, operation, or maintenance
standazds: fifty dollars ($50) per day per violation, for each day such failure occurs or continues
up to ten days, at which time, the penalty is doubled and then tripled if the violation continues
past thirty days;
(d) Any violations for non-compliance with the customer service standards of
Sections 23 through 25 the Grantee shall pay fifty dollazs ($50) per day far each day, or part
thereof, that such noncompliance continues per violation, for each day such failure occurs or
continues up to ten days, at which time, the penalty is doubled and then tripled if the violation
continues past thirty days;
Grantor may impose any or all of the above enumerated measures against Grantee, which
shall be in addition to any and all other legal ar equitable remedies it has under the Franchise or
under any applicable law.
Sec. 45. Procedures
(a) Whenever the Village believes that the Grantee has violated one (1) or more
terms, conditions or provisions of the franchise, and wishes to impose purely monetary penalties,
a written notice shall be given to the Grantee informing it of such alleged violation or liability.
The written notice shall describe in reasonable detail the specific violation so as to afford the
Grantee an opportunity to remedy the violation. The Grantee shall have thirty (30) days
subsequent to receipt of the notice in which to correct the violation before the Village may
impose penalties unless the violation is of such a nature so as to require more than thirty (30)
days and the Grantee proceeds diligently within the thirty (30) days to correct the violation. In
any case where the violation is not cured within sixty (60) days of notice from the Village, or
such other time as the Grantee and the Village may mutually agree to, the Village may proceed to
impose liquidated damages. The fact that the Grantee has diligently remedied the violation shall
be taken into consideration by the Village in imposing any monetary penalty far such violatian.
(b) The Grantee may, within ten (10) days of receipt of notice, notify the Village that
there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by the
Grantee to the Village shall specify with particularity the matters disputed by the Grantee and
shall stay the running of the thirty (30) day cure period pending Board decision as required
below. The Village shall hear the grantees dispute. Grantee must be given at least five (5) days
notice of the hearing. At the hearing, the Grantee shall be entitled to the right to present evidence
and the right to be represented by counsel. After the hearing, the Village shall provide Grantee a
copy of its action, along with supporting documents. In the event the Village upholds the finding
of a violation, the Grantee shall have the balance of the thirty (30) day period subsequent, or such
other time period as the Grantee and the Village mutually agree, to correct the violation.
(c) The rights reserved to the Village under this section are in addition to all other
rights of the Village whether reserved by this ordinance or authorized by law or equity, and no
action, proceeding or exercise of a right with respect to penalties shall affect any other right the
Village may have.
Village Of PLAINFIELD
CABLE TELEVISION FRANCHISE AGREEMENT
This. Agreement is made and executed by and between the Village of Plainfield,
Illinois (Village) and MediaOne of Northern Illinois, Inc. (Grantee).
Whereas, the Village adopted a Cable Television Franchise Ordinance on
December 7, 199$ (Ordinance), which authorizes the Village to issue a Franchise to operate a
Cable System in the Village; and
Whereas, the Grantee holds the existing Franchise, and the Grantee has
requested renewal of said Franchise under the procedures established by federal statute; and
In consideration of the faithful performance and strict observance by the Grantee
of all the terms hereinafter set forth or provided for, and also provided for in the Ordinance,
pursuant to which this Agreement is executed, and in consideration of the grant to the Grantee
of the Franchise by the Village, the parties agree as follows:
SECTION 1. GRANT OF FRANCHISE
A. The Village hereby grants to the Grantee anon-exclusive Franchise to
construct, operate, and maintain a Cable Communication System within the public ways of the
Village in accordance with the terms and conditions of this Agreement and the Ordinance. The
Franchise shall become effective on the date of acceptance by the Grantee in compliance with
this Agreement and with the Ordinance, for a period of fifteen (15) years.
B. The Grantee hereby accepts the Franchise and agrees, to abide by all the
provisions of this Agreement, the Ordinance, and other relevant regulations of the Village
which are hereby incorporated by reference as though set forth at length.
C. The Parties hereby agree that they have negotiated this Franchise in good
faith and with due knowledge of their rights and responsibilities under relevant local, state,
and federal laws.
SECTION 2. SYSTEM-UPGRADE
The Grantee hereby agrees to complete an upgrade of its Cable System by
December 31, 2000. The upgraded System shall have a minimum bandwidth capacity of 750
MHz and a minimum of 79 NTSC analog or equivalent downstream video channels initially
activated. All system passives, taps, and connectors shall be capable of passing 1 GHz
bandwidth. The Village reserves the right to have an independent engineer or equivalent audit
the system to verify completion.
SECTION 3. SERVICE TO SCHOOLS AND MUNICIPAL BUILDINGS
Grantee shall offer free of charge one (1) outlet of Basic Service and Standard Tier
Service to all public and private (Grade K-12) schools located within one hundred twenty-five
(125) feet of the System and one (1) outlet to each municipal building located within one
hundred twenty-five (I25) feet of the System. Service will be made free of charge and as
promptly as possible to all such schools and municipal buildings requesting connections. Basic
and standard services will be provided to each outlet in such schools and municipal buildings
free of any charge.
SECTION 4. COMMUNITY TELEVISION
The Grantee shall maintain a Community Television channel based upon community
needs as determined by the Village. Its structure will be based on the following criteria:
A. The Village will have direct access to a channel on the system. The channel
will be maintained by the Grantee and reach at least the Village boundaries subject to the
limitations of the system's architecture and the Village's changing boundary lines.
B. The Grantee shall provide television production training to residents on a
regular basis through regional workshops, local classes and individual instruction.
C. The grantee shall make available to the Village on a first-come, first-served
supervised basis amulti-camera video production trruck for videotaping special events at
remote locations in the Village.
D. The Grantee shall make a studio and its production equipment available to
the Village on a first-come, first-served basis for videotaping special programs. A schedule of
available studio days and times will be determined by the Grantee.
E. The Grantee shall provide a second Community Television channel to the
Village in the event that the first channel reaches its maximum programming capacity.
z
F. Operating rules and procedures for Community television shall be developed
by the Village with the assistance and approval of the Grantee.
SECTION 5. CAPITAL CONTRIBUTION
A. The Grantee agrees to provide the Village with capital support for
Community Television equipment and facilities in the farm of a one-time contribution to the
Village of five (5) Dollars ($5.00) per basic cable subscriber. The subscriber count shall be set
as of the franchise acceptance date. Both parties agree that this funding will be used for
Community Television as defined in the Ordinance. The payment will be made within sixty
(60) days of the franchise acceptance date.
SECTION 6. INSTITUTIONAL NETWORK
A. Upon agreement on financial terms, the Grantee will provide an Institutional
Network (the "Network") connecting designated public buildings in the Village. The Network
could provide the capacity for: origination and delivery of full motion video and audio and
high speed data connectivity. The Network will be expandable for additional locations on
financial terms mutually agreeable to both Village and Grantee.
B. The Village or other user will be responsible for purchase, repair and
replacement for any customer premise equipment.
C. Grantee will maintain and operate the Institutional network in compliance
with FCC and other operating standards and/or technical specifications.
SECTION 7. SEPARABILITY
Should any portion of this Agreement be declared invalid by a Court of
competent jurisdiction, such adjudication shall not affect the remaining sections or provisions
which shall remain in full force and effect.
SECTION 8. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes any and all previous Agreements between the parties with respect to the
subject matter. This Franchise Agreement shall not be changed, amended or supplemented
except by an agreement in writing signed by both parties. In the event of a conflict between
this Franchise Agreement and the Ordinance or any other enabling ordinance, law or
regulation in effect at the time of this Agreement or thereafter, the terms and conditions of this
Franchise Agreement shall be controlling. If the Franchise Agreement is silent, the Ordinance
shall govern. The Village may from time to time, amend the Ordinance pursuant to its lawful
police powers; provided, however, such amendments shall not impair the rights nor increase
the obligations of the Grantee pursuant to this Franchise.
SECTION 9 NO. RECOURSE
A. Except for action seeking equitable relief, Grantee shall have no recourse
whatsoever against the Village for any loss, cost, expense, or damage arising out of any
provisions or requirements of this Agreement or because of the enforcement thereof by the
Village, or for the failure of the Village to have authority to grant all or part of the franchise.
B. Grantee expressly acknowledges that in accepting a Franchise it does so
relying on its own investigation and understanding of the power and authority of the Village to
grant the Franchise.
C. By accepting a Franchise, Grantee acknowledges that it has not been induced
to enter into the franchise by any understanding or promise or other statement, whether verbal
or written, by or on behalf of the Village or by any other third person concerning any term or
condition of the Franchise not expressed herein.
SECTION 10. EFFECTIVE DATE/ACCEPTANCE BY GRANTEE
The Grantee shall have thirty (30) days from the date of adoption of this
Franchise Agreement to accept this Franchise. Such acceptance by Grantee shall be deemed
the grant of this Franchise for all purposes, and the effective date of the Franchise shall be the
acceptance date. The Franchise shall expire fifteen (15) years from the acceptance date. In the
event acceptance does not take place within thirty (30) days or such other time as the Village
might allow, this Franchise shall be null and void.
SECTION 11. NOTICE
Unless expressly or otherwise agreed between the parties, every notice or
response to be served upon the Grantor or Grantee shall be in writing, and shall be deemed to
have been duly given to the required party five (5) business days after having been pasted in a
properly sealed and correctly addressed envelope by certified or registered mail, postage
prepaid, at a Post Office or branch thereof regularly maintained by the U.S. Postal Service.
The notices or responses to the Grantor shall be addressed as follows:
Village Administrator
Village Hall
23145 W. Lincoln Highway
Plainfield, IL 60544
4
The notices or responses to the Grantee shall be addressed as follows:
Attn: Manager, MediaOne
1304 Marquette Drive.
Romeoville, IL 60446
In Witness Thereof, the parties have signed this Agreement on
December 7,_1998, which shall be the effective date of this Agreement.
Village of Plainfield:
Signature
MediaOne
Signature
a
MAX E. ZOLLNER
DOUGLAS P. 11UTCHTSON
DAVID L. RUTTLE
THEODORE J. 7ARZ
DOUGLAS J. MCKEOWN
JAMES B. HARVEY
KPNNETH A. GREY
MICHAEL R. LUCAS
CHRISTOPHER IV. W158
GARY S. MUELLER
JOHN C. ROTH
ARTHUR J. WILHELMI
THOMAS M. CARNEY
CHR1SrGPHER s. WARD
Ms. Sue Janik
Village of Plainfield
23145 W. Lincoln Hwy.
Plainfield, IL 60544
Dear Sue:
Lnw OFFICES
MCKEOWN, FITZGERALD, ZOLLNEIr,
BUCK, HUTCarSON & RUTTLE sangmeister Building
2455 Glenwood Avenue 28 Kansas Street
Joliet, Illinois 60435-5493 Frankfort, Illinois 60423-1477
lblephone (815) 469-2176
'lblephone (815) 729-4800 Fax (815) 469-0295
Fax (815) 729-4711
OF COUNSEL
GEORGE E. SANGMEISTER
STEWAItT C. FlU'[CHISON
RHTIRHA
January 27, 1999 JOSEPH C. FITZLIERALD
CHARLES J. MCKEOwN (1908-1985)
PAUL O. MCKEOwN (1913-1982)
RICHARll T. BUCK (1936-1992)
Enclosed please find the revised Cable Television Franchise Agreement far
Mayor Rock's signature. If you should have any questions, please do not hesitate
to contact me.
JBH/tnc
Enclosure
Richard A. Rock
pRE81DENT
TRUSTEES
Jay D. Darnell
VILLAGE OF PLAINFIELD Kat y o ~~ ne~l
WILL COUNTY'S OLDEST COMMUNITY Steven L. Rathbun
Raymond Smolich
Kurt 5talzer
Susan Janik
VILLAGE CLERK
January 29, 1999
MediaOne
1304 Marquette Drive
Romeoville, IL 60446
Attention: Gregory Capranica
Deaz Greg:
Enclosed please find the enclosed executed Cable Television Franchise Agreement.
Please have MedioOne sign and return a copy to my attention. If you need any further
documents or information, please feel free to contact me.
Ve truly yours
..
n. , ..cam
'~~ Susan Janik;'
Village Cle
23145 W. LINCOLN HIGHWAY • PLAINFIELD, ILLINOIS $0544 • (815) 43fi-7093 • Fax (815) 436-195D