HomeMy WebLinkAboutOrd 5659 11/20/2007
ORDINANCE NO. 5659
AN ORDINANCE AMENDING CHAPTER 6 AND APPENDIX A, DIVISION III,
OF THE VILLAGE CODE IN REGARD TO THE CABLE AND VIDEO
CUSTOMER PROTECTION LAW
Passed and approved by
the President and Board of Trustees
the 20th day of November 2007.
Published in pamphlet form
by authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
215t day of November 2007.
ORDINANCE NO. 5659
AN ORDINANCE AMENDING CHAPTER 6 AND APPENDIX A, DIVISION III,
OF THE VILLAGE CODE IN REGARD TO
THE CABLE AND VIDEO CUSTOMER PROTECTION LAW
WHEREAS, the Village of Mount Prospect is a home rule unit pursuant to the
provisions of Article VII, Section 6 of the Constitution of the State of Illinois; and
WHEREAS, the Village has the authority to adopt ordinances and to promulgate
rules and regulations that protect the public health, safety, and welfare of its citizens;
and
WHEREAS, this Ordinance is adopted pursuant to the Cable and Video
Customer Protection Law (220 ILCS 5/70-501), which authorizes the Village to enforce
certain customer service and privacy protection standards; and
WHEREAS, the Village desires to enforce the customer service and privacy
protection standards with respect to complaints received from residents as provided by
the Cable and Video Customer Protection Law;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS,
ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS:
SECTION 1: The facts and statements contained in the preamble to this
Ordinance are found to be true and correct and are hereby adopted as part of this
Ordinance.
SECTION 2: That a new Article VIII shall be inserted into Chapter 6,
"Telecommunications Code", of the Municipal Code of the Village of Mount Prospect, to
read as follows:
ARTICLE VIII
CABLE AND VIDEO CUSTOMER SERVICE AND
PRIVACY PROTECTION.
Sec. 6.801. Adoption. The regulations of the Cable and Video Customer
Protection Law, 220 ILCS 5/70-501, are hereby adopted by reference and made
applicable to the cable or video providers offering services within the Village's
boundaries.
Sec. 6.802 Amendments. Any amendment to the Cable and Video Customer
Protection Law that becomes effective after the effective date of this Section shall be
incorporated into this Section by reference and shall be applicable to cable or video
providers offering services within the Village boundaries. However, any amendment
that makes its provisions optional for adoption by municipalities shall not be
incorporated into this Section by reference without formal action by the Corporate
Authorities of the Village.
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Sec. 6.803 Enforcement. The Village does hereby pursuant to law declare its
intent to enforce all of the customer service and privacy protection standards of the
Cable and Video Protection Law with respect to complaints received from residents
within the Village.
Sec. 6.804 Penalties. The Village, pursuant to 220 ILCS 5/70-501 (r)(1), does
hereby provide for a schedule of penalties for any material breach of the Cable and
Video Protection Law by cable or video providers in addition to the penalties provided in
the law. The monetary penalties shall apply on a competitively neutral basis and shall
be in the amount set forth in appendix A, division III, of this code for a material breach.
In this regard:
(1) Material breach means any substantial failure of a cable or video provider to
comply with service quality and other standards specified in any provision of the
law.
(2) The Village shall give the cable or video provider written notice of any alleged
material breaches of the law and allow such provider at least thirty (30) days
from the receipt of the notice to remedy the specified material breach.
(3) A material breach, for the purposes of assuming penalties, shall be deemed to
occur for each day that a material breach has not been remedied by the cable
or video service provider after the notice as provided for in subsection (2)
above.
Sec. 6.805 Customer Credits. The Village hereby adopts the schedule of
customer credits for violations. Those credits shall be as provided for in the provisions
of 220 ILCS 5/70-501 (s) and applied on the statement issued to the customer for the
next billing cycle following the violation or following the discovery of the violation. The
cable or video provider is responsible for providing the credits and the customer is
under no obligation to request the credit.
SECTION 3: Appendix A, Division III, "Penalties and Fines", of the Municipal
Code shall be amended to insert the following title, section number and penalty in
proper numerical sequence by section number:
Title Section
No.
Cable and Video standards 6.804
breach
Penalty
Not more than $750.00 for each day of
the material breach, not more than
$25,000.00 for each occurrence of a
material breach per customer.
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SECTION 4: If any provision of this Ordinance, or the application of any
provision of this Ordinance, is held unconstitutional or otherwise invalid, such
occurrence shall not affect other provisions of this Ordinance, or their application, that
can be given effect without the unconstitutional or invalid provision or its application.
Each unconstitutional or invalid provision, or application of such provision, is severable,
unless otherwise provided by this Ordinance.
SECTION 5: This Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form in the manner provided by law;
however, the provisions of this Ordinance, as to incumbent cable operators, shall take
effect January 1, 2008.
AYES:
Corcoran, Hoefert, Juracek ; Korn, Lohrstorfer, Zadel
NAYS:
None
ABSENT:
Wilks
PASSED and APPROVED this 20th day of November 2007.
ATTEST:
~4\~ Q(2
M. Isa Angell .-
Village Clerk
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