HomeMy WebLinkAboutORDINANCES-2007-094-O-07• Effective date: October 23, 2007
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AN ORDINANCE
9/26/2007
Amending the City Code
by Enacting a New Title 3, Chapter 35,
"Cable and Video Service Customer Protection Standards"
WHEREAS, the City has the authority to adopt ordinances and to
promulgate rules and regulations that pertain to its government and affairs and
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, authorizing municipalities to
• enforce all of the customer service and privacy protection standards of the
Section; and
WHEREAS, the City 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 CITY COUNCIL
OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the foregoing recitals are found as fact, and
made a part hereof.
SECTION 2: That Title 3 of the Evanston City Code of 1979, as
• amended, is hereby further amended by enacting a new Chapter 35, Cable and
Video Service Customer Protection Standards, to read as follows:
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3-35-1: TITLE: •
This Chapter shall be titled and referred to as the "Cable and Video Service
Customer Protection Standards Ordinance".
3-35-2: PURPOSE AND INTENT:
The purpose of this Chapter is to promote the public health, safety, and welfare of
the residents of Evanston by requiring cable and video service providers to protect
the rights of their customers.
3-35-3: STANDARDS ADOPTED:
(A) The regulations of 220 ILCS 5/70-501 are hereby adopted by reference
and made applicable to the cable or video providers offering services
within the City's boundaries.
(B) Any amendment to the Cable and Video Customer Protection Law that
becomes effective after the effective date of this Chapter shall be
incorporated into this Chapter by reference and shall be applicable to
cable or video providers offering services within the City's boundaries.
However, any amendment that makes its provisions optional for adoption
by municipalities shall not be incorporated into this Chapter by reference •
without formal action by the corporate authorities of the City.
3-35-4: ENFORCEMENT:
The City 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 City.
3-35-5: PENALTIES:
The City, pursuant to 220 ILCS 5/70-501(r)(1), as amended, 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 not exceed $750.00 for each day of the material breach, and shall not
exceed $25,000.00 for each occurrence of a material breach per customer.
(A) "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 Cable and Video Protection Law.
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• (B) The City shall give the cable or video provider written notice of any alleged
material breaches of the Cable and Video Protection Law and allow such
provider at least thirty (30) days from the receipt of the notice to remedy
the specified material breach.
(C) 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 in (B).
3-35-5: CUSTOMER CREDITS:
The City 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), as
amended, 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.
3-34-6: SEVERABILITY:
The provisions and Sections of this Chapter shall be deemed separable, and, if
any provision of this ordinance or the application thereof to any person or
is applications
is held invalid, the invalidity shall not affect other provisions or
applications of this ordinance which can be given effect without the invalid
provisions or applications thereof.
SECTION 2: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 3: That this ordinance shall be in full force and effect
from and after its passage, approval, and publication in the manner
provided by law. The provisions of this Ordinance as to incumbent cable
operators take effect January 1, 2008.
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Introduced: 2007 Approved:
Adopted: t� �g , 2007 , , G �j , 2007
f
L Irraine H. Morton, Mayor
Attest:
J
Maryno ri ity Clerk
App ved as to form:
..
Corporation Counsel
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