HomeMy WebLinkAboutRes 19-90 05/01/1990CP/caf
4/12/90
RESOLUTION NO. 19-90
A RESOLUTION ESTABLISHING PROCEDURES FOR HEARING
RELATIVE TO VIOLATING THE CABLE COMMUNICATIONS CODE
WHEREAS, Chapter 6 entitled "Communications Code" of the Village
Code of Mount Prospect, as amended, sets forth the guidelines and
procedures for the operation of a cable television system by a
franchised cable operator; and
WHEREAS, the Cable Communications Code outlines the penalties for
violation of said Code; and
WHEREAS, outlined in the Cable Communications Code, the Franchisee
is given notice of a violation of said Code, the opportunity to
cure the violation, and the opportunity for a presentation to the
Village Board.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: The following hearing procedures are hereby
established when considering a violation of the Cable Television
Franchise Agreement:
1. After the Franchisee has been issued a notice of violation and
has had the opportunity to cure as outlined by the Cable
Communications Code, the Franchisee, found to be in violation
by the Cable Television Administrator, will be scheduled to
appear at a public hearing before the Village Board at the
earliest available Village Board or Committee of the Whole
meeting. The Franchisee shall be notified in writing of the
date, time, and location of the hearing.
2. The Franchisee will be given the opportunity to present
materials and testimony relevant to the violation before the
Village Board, public in attendance, and public viewing the
hearing live on cable television.
3. In lieu of attendance at this public hearing, the Franchisee
may submit a written presentation to the Cable Television
Administrator prior to the hearing. The Cable Television
Administrator shall submit the written presentation in full
to the Village Board upon receipt. Submission of a written
presentation by the Franchisee shall constitute a waiver by
the Franchisee of its opportunity for a hearing before the
Village Board.
4. If the Franchisee requests, in writing to the Cable
Administrator, a continuance of the public hearing, the
Village Board may grant such a continuance.
5. Immediately following said public hearing or written
presentation, the Village Board shall decide by majority vote:
A. To reaffirm the finding of violation by the Cable
Television Administrator.
B. If violation is reaffirmed, whether penalty provisions
will be imposed.
able TV Hearing Procedures
Page 2 of 2
6. Franchisee will be notified in writing of the Village Board
decisions.
7. The aforementioned procedures are not, nor shall they be
construed to be, any limitation upon rights granted to the
municipality by the Cable Communications Code.
SECTION TWO: That this Resolution shall be in full force and
effect from and after its passage and approval in the manner
provided by law.
AYES: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg
NAYS: None
ABSENT: None
PASSED and APPROVED this l~t day of May , 1990.
Carol A. Fields
Village Clerk