§ 31.45. CABLE TELEVISION COMMISSION.  


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  • (A) Establishment; membership; terms. There is hereby established a permanent Cable Television Commission in and for the village, which Commission shall be appointed by the President, subject to the advice and consent of Council and shall be comprised of a Chairperson and two members. The President shall initially appoint the Chairperson for a one-year term and one member for a two-year term and the other member for a three-year term. At the expiration of the initial terms, the President shall appoint successors for three-year terms each, so that one person on the Commission shall be reappointed or replaced on the second Monday in April of each year after the completion of the initial terms.
    (B) Purposes. The purposes of the Cable Television Commission shall be as follows:
    (1) Establish its own rules and procedures, subject to ratification by Council, and to periodically evaluate those rules and submit any necessary changes to Council for approval;
    (2) Create an ordinance to be submitted to the Council which would regulate the operation of cable television throughout the village in accordance with the preemptive mandate of the Cable Communications Act of 1984, 47 U.S.C. §§ 521 et seq.; and regulations consistent with the provision of the Federal Communications Act of 1934, as amended, including the Cable Television Consumer Protection and Competition Act of 1992, Pub. Law No. 102-385 and the Federal Communication Commission's rules and regulations promulgated pursuant thereto;
    (3) Study the technology and advise the Village Council on the current state of the art for the utilization of broadband cable systems in the best interest of the village. This may include, but is not limited to, the delivery of television programming, data collection and transmission, voice transmission, data communication, security system monitoring and other modes that may arise in the future;
    (4) Regulate cable television franchisees and rates in accordance with federal, state and local authority and conduct hearings as necessary to receive evidence, suggestions and complaints from citizens regarding performance of the franchises as well as testimony regarding performance of franchisees as well as the need for services;
    (5) Have the other responsibilities as the Council may from time to time direct; and
    (6) When the Village Council establishes a Cable Television Commission, the Commission shall have all of the authority of the Franchising Authority and shall act as the agent of the Village Council as it relates to an ordinance for Cable Television Rate Regulation.
    (Ord. 47, passed 11-8-1993)