20.14.01 SHORT TITLE.
This ordinance shall be known and may be cited as the “CATV Franchise Enabling Ordinance.
20.14.02 DEFINITIONS.
For the purpose of this ordinance the following terms, phrases and words and their derivations shall have the meaning specified herein. When not inconsistent with the context, words used in the present tense include the future and words in the singular number include words in the plural number.
A.C. - abbreviation for alternating current.
Additional Service - a subscriber service provided by the Grantee for which a special charge is made based on program or service content time or spectrum space usage.
Administrator - the individual appointed by the Village President pursuant to Section 20.14.11 to manage and direct the Office of Broadband Telecommunications.
Annual Gross Revenues - all revenues received by the Grantee, its affiliates or subsidiaries from and in connection with the operation of the Broadband telecommunications Network in the Village as that term is defined by a court of competent jurisdiction, and shall include if so authoritatively determined, revenues from all sources, including without limitation revenues from advertising, channel leasing, data transmission and per program charges, in addition to the subscribers’ regular monthly payments.
Automatic Gain Control (AGC) - an electronic circuit which automatically increases or decreases, within its design range, the gain of an amplifier in order to maintain a stable or fixed output level. Sometimes called ALC or AVC.
Automatic Slope or Tilt Control (ASC) - an electronic circuit or thermal device that compensates for changes in cable or amplifier characteristics caused by temperature variations.
Basic Service - all subscriber services provided by the Grantee, including the delivery of broadcast signals and programming originated over the cable system, covered by the regular monthly charge paid by all subscribers.
Broadband Telecommunications Network (BTN) - any, network of cables, optical, electrical or electronic equipment, including cable television systems, used for the purpose of transmission of electrical impulses of television, radio and other intelligences, either analog or digital for sale or use by the inhabitants of the Village.
BTN Channel Capacity - the highest total number of cable television channels on which television signals from separate sources may be delivered downstream simultaneously to every subscriber in the network. The network may have additional channel capacity for specialized or discrete purposes, but the technical performance specified shall not be materially degraded thereby.
Cable Television Channel - a frequency band 6 Mhz in width within which a standard television broadcast signal is delivered by cable to a subscriber terminal (except that Class III & IV cable television channels as defined by the FCC may be either wider or narrower than this standard).
Channel Frequency Response - within a cable television channel, the relationship as measured at a subscriber terminal between amplitude and frequency of a constant-amplitude input signal at all specified frequencies within each channel.
Village - whenever reference is made to Village in this ordinance, it shall be construed to mean the Village of Deerfield, its officers and employees, unless otherwise specifically designated, and shall include that area within the territorial limits of the Village of Deerfield and such territory presently outside the Village limits over which the Village may assume jurisdiction or control by virtue of annexation.
Village Board - wherever reference is made to Village Board in this ordinance, it shall be construed to mean the Village Board of the Village of Deerfield and any legally appointed or elected successor or agency.
Class I Cable Television Channel - a signaling path provided by a cable television system to relay to subscriber terminals television broadcast programs that are received off-the-air or are obtained by microwave or by direct connection to a television broadcast station.
Class II Cable Television Channel - a signaling path provided by a cable television system to deliver to subscriber terminals television signals that are intended for reception by a television broadcast receiver without the use of an auxiliary decoding device and which signals are not involved in a broadcast transmission path.
Class III Cable Television Channel - a signaling path provided by a cable television system to deliver to subscriber terminals signals that are intended for reception by equipment other than a television broadcast receiver or by a television broadcast receiver only when used with auxiliary decoding equipment.
Class IV Cable Television Channel - a signaling path provided by a cable television system to transmit signals of any type from a subscriber terminal to another point in the cable television system.
Commence Operation - operation will be considered to have commenced when sufficient distribution facilities have been installed so as to permit the offering of “full network services” to at least twenty-five percent (25%) of the dwelling units located within the designated “service area”.
Committee - the Committee or Commission appointed by the Village Board pursuant to Section 20.14.10.
Data Grade - coded transmission primarily digital in nature.
Decibel (db) - the level in the network expressed in db’s above or below a power corresponding to a root mean service voltage of one millivolt across seventy-five (75) ohms.
Discrete Cable Television Channel - a signaling path provided by a cable television system to transmit signals of any type to specified subscriber terminals within the cable television system.
Downstream - the direction of transmission over the BTN from the “head end” or “hub” to a subscriber’s terminal.
Dual Cable System - a BTN design technology that includes the total duplication of all trunk cables, distribution cables, and may include the total duplication of the associated electronic equipment when the transmission of more than twelve (12) standard VHF channels of television information is required for delivery to subscribers without the use of a TV set convertor.
FCC - the Federal Communications Commission and any legally appointed or elected successor.
Franchise Payment - includes all charges imposed for a franchise whether the object be regulation, revenue or one-time reimbursement of costs incurred by the Village in the award of this franchise.
Full Network Service - all “basic services” and “additional services” offered by the Grantee.
Grantee - all persons including, but not limited to, subsidiaries, parents, or affiliate companies, associations or organizations having any rights, powers, privileges, duties, liabilities or obligations, under this ordinance and under the franchise ordinance, collectively called the “Franchise”, and also includes all persons having or claiming any title to or interest in the system, whether by reason of the franchise itself directly or by interest in a subsidiary, parent, or affiliate company, association or organization or by any subcontract, transfer, assignment, management agreement, or operation agreement, or whether otherwise arising or created.
Head End - the land, electronic processing equipment, antennas, tower, building and other appurtenances normally associated with and located at the starting point of a BTN, excluding the studio.
Network Noise - that combination of undesired and fluctuating disturbances within a cable television channel, exclusive of undesired signals of discrete frequency which degrade the reproduction of the desired signal and which are due to modulation processes, thermal effects and other noise-producing effects, not including hum. Network noise is specified in terms of its rms voltage or its mean power level as measured in a 4 Mhz band above the lower channel boundary of a BTN.
Physical Mile of Plant - messenger strand as measured from pole to pole without taking into consideration sag or downguys, and for buried plant, actual trench feet.
Reasonable Notice - the provision of notice of contemplated action delivered at least forty-eight (48) hours prior to such action.
Root-Mean-Square (RMS) - the effective value of an alternating current waveform which would be numerically equal in energy to a constant direct current.
Sale - includes any sale, exchange, barter or agreement to sell.
Service Area - that geographical area within the incorporated limits of the Village.
Streets - all streets, roadways, highways, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks, easements, rights-of-way or other public ways in the Village which have been or may hereafter be dedicated and open to public use, or such other public property so designated by law.
Studio - an acoustically-acceptable room for local programming but not including electronic processing equipment, cameras and lights.
Subscriber - any person, firm, company, corporation or association receiving either “basic service” or “additional service” from the Grantee under the schedule of charges filed with and approved by the Village.
Subscriber Terminal - the BTN’s 75 ohm cable terminal to which the subscriber’s equipment is connected. Separate terminals may be provided for delivery of cable television signals, FM broadcast, or other signals of differing classifications.
Substantially Completed - operation will be considered substantially completed when sufficient distribution facilities have been installed so as to permit the offering of “full network service” to at least ninety percent (90%) of the dwelling units in the service area to which access is legally available.
Terminal Isolation - at any subscriber terminal, the attenuation between that terminal and any other subscriber terminal in that network.
Upstream - the direction of transmission over the BTN from a subscriber terminal to the network’s “head end”.
Video Grade - transmission primarily analog in nature including the picture phase of a television broadcast.
Visual Signal Level - the rms voltage produced by the visual signal during the transmission of synchronizing pulses.
Village President - wherever references is made to Village President in this ordinance, it shall be construed to mean the Village of Deerfield President of the Board of Trustees.
20.14.03 THE FRANCHISE.
(1) Franchise Required. No person, firm, company, corporation or association shall construct, install, maintain or operate within any public street in the Village, or within any other public property of the Village, any equipment or facilities for the distribution of television signals or radio signals or other intelligences either analog or digital over a BTN to any subscriber unless a franchise authorizing the use of the streets or properties or areas has first been obtained pursuant to the provisions of this ordinance, and unless such franchise is in full force and effect.
(2) Review of Qualifications. Specific permission to operate a BTN under the provisions of this ordinance may be granted by the Village Board to any Grantee after a review of the legal, character, financial, technical qualifications and the adequacy and feasibility of the Grantee’s construction arrangements and after the Village Board has approved the Grantee’s qualifications as a part of a public proceeding affording due process.
(3) Duration of Franchise. Upon filing by the Grantee of the proper acceptance, the bond and the required insurance, the franchise shall take effect as provided in Section 20.14.08 and shall continue in full force and effect for a term of fifteen (15) years.
(4) Quinquennial Franchise Review.
(a) On or about the fifth anniversary of the effective date of the franchise, the Village will schedule a public meeting or meetings with the Grantee to review the franchise performance, plans and prospects. The Village may require the Grantee to make available specified records, documents, and information for this purpose, and may inquire in particular whether the Grantee is supplying a level and variety of services equivalent to those being generally offered at that time in the industry in comparable market situations.
(b) The Village shall first confer with the Grantee regarding modifications in the franchise which might impose additional obligations on the Grantee, and the Grantee may in turn seek to negotiate relaxations in any requirements previously imposed on it which are subsequently shown to be impractical.
(c) Within thirty (30) days of the conclusions of such negotiations, the Village may direct the Grantee to show cause why specified terms and conditions should not be incorporated into the franchise and the Grantee may similarly file with the Village a written request that specified obligations of its franchise be removed or relaxed. Implementation of such requests shall correspond as nearly as possible with the procedures set forth in Section 20.14.10(3). The Village Board will order changes in the franchised rights and obligations of the Grantee only if it finds from all available evidence that such changes will not impair the economic viability of the system or degrade the attractiveness of the system’s service to present and potential subscribers.
(5) Review of Franchise Prior to Expiration.
a) Public Meeting to be Scheduled. At least six (6) months prior to the expiration of the franchise, the Village shall schedule a public meeting or meetings with the Grantee to review the performance of Grantee, including the results of the previous franchise reviews. The Village may require the Grantee to make available specified records, documents and information for this purpose, and may inquire in particular whether the Grantee is supplying a level and variety of services equivalent to those being generally offered at that time in the industry in comparable market situations.
(b) Determination on Reissue. The Village shall, within forty-five (45) days of the conclusion of such meetings, provide a determination as to whether a BTN franchise or franchises will be reissued to the Grantee. In making said decision the Village shall consider the technical, financial and programming performances of the franchise holder and specifically with relation to any and all applications, promises or agreements made or entered into by the franchise holder and its performance of said applications, promises or agreements. In the event the Village determines not to reissue the franchise or franchises for reasons other than a material breach of the franchise or for causes unrelated to the performance thereunder, it shall be so stated for purposes of Section 20.14.09(3).
The Village shall establish public proceedings leading to a final decision and such public proceedings shall include but not be limited to a public hearing providing opportunity for the public and applicant for the reissued franchise to appear.
20.14.04 SIGNIFICANCE OF FRANCHISE.
(1) Franchise Nonexclusive. Any franchise granted hereunder by the Village shall not be exclusive and the Village reserves the right to grant a similar franchise to any person, firm, company, corporation or association at any time.
(2) Franchise Amendable. The scope of any franchise granted hereunder shall be deemed amendable from time to time to allow the Grantee to innovate and implement new services and developments exclusive of programming changes; provided, however, subject to preemption by the FCC, that no such services or developments by implemented without the expressed prior approval of the Village Board.
(3) Privileges Must be Specified. No privilege or exemption shall be inferred from the granting of any franchise unless it is specifically prescribed. Nothing in this ordinance shall be deemed to require the granting of a franchise when in the opinion of the Village Board it would not be in the public interest to do so.
(4) Authority Granted. Any franchise granted hereunder shall give to the Grantee the right and privilege to construct, erect, operate, modify and maintain, in, upon, along, above, over and under streets, as defined in Section 20.14.02 herein, which have been or may hereafter be dedicated and open to public use in the Village, towers, antennas, poles, cables, electronic equipment, and other network appurtenances necessary for the operation of a BTN in the Village; subject to the requirements of Section 20.14.26 of this ordinance.
(5) Consent Prior to Transfer of Franchise. Any franchise granted hereunder shall be a privilege to be held for the benefit of the public by the Grantee. Said franchise cannot in any event, be sold, transferred, lease, assigned or disposed of in whole or part, either by forced or voluntary sale, merger, consolidation, trust, receivership or any other means without the prior consent of the Village expressed by a Village Board resolution and then only under such conditions as the Village Board may establish. Such consent shall not be withhold by the Village without showing of cause.
(6) Consent Prior to Change of Control. Prior approval of the Village Board shall be required where ownership or control of more than five percent (5%) of the ownership equity of Grantee is acquired by a person or group of persons acting in concert, not of whom already owns or controls five percent (5%) or more of such right of control, singly or collectively. Such consent shall not be withheld by the Village without a showing of cause.
(7) Mortgage or Pledge of Network. Nothing in this ordinance shall be deemed to prohibit the mortgage or the pledge of the network or any part thereof, or the interests of the Grantee. However, any such mortgage or pledge shall be subject to and subordinate to the right of the Village under this franchise or applicable laws.
(8) Previous Rights Abandoned. A franchise granted hereunder shall be in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by a Grantee or any successor pertaining to the construction, operation, or maintenance of a cable communications system in the Village. The acceptance of a franchise shall operate, as between Grantee and the Village, as an abandonment of any and all such rights, privileges, powers, immunities, and authorities within the Village. All construction, operation and maintenance by the Grantee of any cable system in the Village shall be under the franchise and not under any other right, privilege, power, immunity or authority.
(9) Subject to Other Regulatory Agencies Rules and Regulations. The Grantee shall at all times during the life of any franchise granted hereunder be subject to all lawful exercise of the police power by the Village and other duly authorized regulatory State and Federal bodies and shall comply with any and all ordinances which the Village has adopted or shall adopt applying to the public generally and to other Grantees.
(10) Compliance to Laws, Rules and Regulations. In the event any valid law, rule or regulation of any governing authority or agency having jurisdiction, including but not limited to the Federal Communications Commission, contravenes the provisions of this ordinance subsequent to its adoption; then the provisions hereof shall be superseded by any such valid law, rule or regulation to the extent that the provisions hereof are in conflict and contrary to any such law, rule or regulation.
(11) Pole Use Agreements Required. Any franchise granted hereunder shall not relieve the Grantee of any obligation involved in obtaining pole- or conduit-use agreements from the gas, electric and the telephone companies, or others maintaining poles or conduits in the streets of the Village, whenever the Grantee finds it necessary to make use of said poles or conduits.
(12) No Right of Property. Anything contained herein to the contrary notwithstanding, the award of any franchise hereunder shall not impart to the Grantee any right of property in or on Village-owned property.
(13) Franchise Binding. Anything contained herein to the contrary notwithstanding, all provisions of this ordinance and any franchise granted hereto shall be binding upon the Grantee, its successors, lessees or assignees.
24.14.05 OPERATION OF FRANCHISE.
(1) Operations to be in Accordance With Rules. The Grantee shall maintain and operate its BTN in accordance with the rules and regulations of the Federal Communications Commission, the State of Wisconsin and/or the Village as are incorporated herein or as may be promulgated.
(2) Office and Phone for Complaints. The Grantee shall maintain an office within thirty (30) miles of the Village limits which shall be open during all normal business hours, have a listed local telephone number, and be so operated that complaints and requests for repairs or adjustments may be received at any time.
(3) Service Records Maintained. The Grantee shall at all times make and keep at an office maintained by the Grantee as provided above, a list of all complaints and interruptions or degradation of service received or experienced during the preceding five (5) years. The records maintained above shall also include complaint response time and service restoral period and shall be continuously open to inspection, examination or audit by any authorized representative of the Village.
(4) 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 reasonable and necessary to enable the Grantee to exercise its rights and perform its obligations under this ordinance and any franchise granted hereunder.
(a) Rules to be in Conformance With Other Regulations. None of such rules, regulations, terms and conditions promulgated under Subsection (4) above shall be in conflict with the provisions hereof or the laws of the State, or the Rules and Regulations of the Federal Communications Commission, or any rules and regulations promulgated by the Village in the exercise of their regulatory authority granted hereunder.
(b) All Rules to be File With Village. One (1) copy of all rules, regulations, terms and conditions promulgated under Subsection (4) above, together with any amendments, additions or deletions thereto, shall be kept currently on file with the Village Clerk and another copy thereof shall be maintained for public inspection during normal business hours at Grantee’s office as specified in subsection (2) above; no such rules, regulations, terms, conditions, or amendments, additions or deletions thereto shall take effect unless and until so filed and maintained.
(5) Subscribers’ Antennas. The Grantee shall not require the removal, or offer to remove or provide any inducements for removal of any potential or existing subscriber’s antenna as a condition of provision of service.
(6) Sale or Service of Television Receivers. Neither the Grantee during the period of the franchise nor any of its affiliated, subsidiary, parent organizations, officers or directors or stockholders holding (5%) or more of outstanding stock of the Grantee, shall within the corporate limits of the Village or within ten (10) miles in any direction, directly or indirectly, engage in the retail sale, renting leasing, or repairing of radio or television receivers, nor shall they require any subscriber to utilize the services of any specific television/radio service business for the repair or maintenance of the subscriber’s receivers, either radio or television.
(7) Antenna Switch/Lightening Grounder. The Grantee, upon request from any subscriber, shall install at no charge therefore, a lightning grounder and/or switching device so as to permit a subscriber to continue to utilize his own television antenna as he chooses.
20.14.06 RIGHTS RESERVED TO THE VILLAGE
(1) Right of Amendment Reserved to Village. The Village may from time to time, add to, modify or delete provisions of this ordinance as it shall deem necessary in the exercise of its regulatory powers provided that such additions or revisions are reasonable and do not place an undue financial burden on the Grantee. Such additions or revisions shall be made only after a public hearing for which the Grantee shall have received written notice at least thirty (30) days prior to such hearing.
(2) Grantee Agrees to Village Rights. The Village reserved every right and power which is required to be reserved or provided by an ordinance of the Village, and the Grantee by its acceptance of the franchise, agrees to be bound thereby and to comply with any action or requirements of the Village in its exercise of such rights or powers which have been or will be enacted or established.
(3) Village’s Right of Intervention. The Village shall have the right to intervene and the Grantee specifically agrees by its acceptance of the franchise not to oppose such intervention by the Village in any suit or proceeding to which the Grantee is a party.
(4) Powers of the Village. Neither the granting of any franchise nor any provisions governing the franchise shall constitute a waiver or bar to the exercise of any governmental right or power of the Village.
(5) Village’s Transfer of Functions. Any right or power in, or duty imposed upon any elected official, officer, employee, department, or board of the Village shall be subject to transfer by the Village to any other elected official, officer, employee, department or board.
(6) Village’s Right of Inspection. The Village reserves the right during the life of any franchise granted hereunder, to inspect and supervise all construction or installation work performed subject to the provisions of this ordinance and to perform network measurements to insure compliance with the terms of the ordinance.
(7) Village’s Right of Acquisition. Upon expiration of the term of the franchise, or revocation, or other termination as provided by law, or upon receipt of application for approval of an assignment of the franchise or upon change of defacto control, the Village shall have a right to purchase the BTN as set forth in Section 20.14.09(3) herein.
(8) Village’s Right of Network Installation. The Village reserves the right during the life of any franchise granted hereunder, to install and maintain free of charge upon or in the poles and conduits of the Grantee any wire and pole fixtures necessary for municipal networks on the condition that such installation and maintenance thereof does not unreasonably interfere with the operation of the Grantee.
20.14.07 APPLICATION FOR FRANCHISE
Applications for a franchise hereunder shall be filed with the Village Clerk or his/her appointee, in accordance with the filing instructions promulgated by the Village and shall contain the following information and provisions:
(1) Proposal Bond and Filing Fee. Provision of the Proposal Bond as required in Section 20.14.15 and payment of a non-refundable filing fee to the Village of two hundred fifty dollars ($250) which sum shall be due and payable concurrently with the request for application information.
(2) Name and Address of Applicant. The name and business address of the applicant, date of application and signature of applicant or appropriate corporate officier(s).
(3) Description of Proposed Operation. A general description of the applicant’s proposed operation in the service area and in other areas within the State, including but not limited to: business hours; operating staff; maintenance procedures beyond those required in the ordinance; management and marketing staff complement and procedures; and, if available, the rules of operation for public access.
(4) Signal Carriage. A statement of the television and radio services to be provided, including both off-the-air and locally originated signals.
(5) Special Services. A statement setting forth a description of the automated services proposed as well as a description of the production facilities to be made available by the Grantee for the public, municipal, and educational channels required to be made available by the provisions of this ordinance and the Federal Communications Commission.
(6) Programming Assistance. A statement establishing any additional funding, facilities, equipment, or personnel beyond those required elsewhere to be designated to effect and promote local programming development. It is understood that the foregoing will be available without charge to all on a fair and nondiscriminatory basis and may be used by the Grantee as well. Such funding and services will be contingent upon a special showing, where required, that the proposed uses are consistent with the regulatory program of the FCC.
(7) Schedule of Charges. A statement of the applicant’s proposed Schedule of Charges as set forth by the provisions of Section 20.14.16 hereunder.
(8) Corporate Organization. A statement detailing the corporate organization of the applicant, if any, including the names and addresses of its officers and directors and the number of shares held by each officer and director.
(9) Stockholders. A statement identifying the number of authorized and outstanding shares of applicant’s stock including a current list of the names and current addresses of its shareholders holding five percent (5%) or more of applicant’s outstanding stock.
(10) Intra-Company Relationships. A statement describing all intra-company relationships of the applicant, including parent, subsidiary or affiliated companies.
(11) Agreements and Understandings. A statement setting forth all agreements and understandings, whether written or oral, existing between the applicant and any other person, firm, group or corporation with respect to any franchise awarded hereunder and the conduct of the operation thereof existing at the time of proposal submittal.
(12) Financial Statement. If applicant is a corporation, audited financial statements for the two (2) previous fiscal years. If applicant is a partnership, copies of the “U.S. Partnership Return of Income (IRS Form 1065) for the two (2) previous fiscal years. If applicant is a sole proprietorship, copies of “U.S. Individual Income Tax Return” (IRS Form 1040) for the two (2) previous fiscal years.
(13) Financial Projection. A fifteen (15) year operations proforma which shall include the initial and continuing plant investment, annual profit and loss statements detailing income and expenses, annual balance sheets, and annual levels of subscriber penetration. Costs and revenues anticipated for voluntary services shall, if presented, be incorporated in the proforma as required in this ordinance, but shall be separately identified in the proforma.
(14) Financial Support. Suitable written evidence from a recognized financing institution, addressed to both the applicant and to the Village, advising that the applicant’s financial ability and planned operation have been analyzed by the institution and that the financing institution is prepared to make the required funds available to applicant if it is awarded a franchise. If the planned operation is to be internally financed, a board resolution shall be supplied authorizing the obtainment and expenditure of such funds as are required to construct, install and operate the BTN contemplated hereunder.
(15) Technical Description. A technical description of the type of system proposed by the applicant, including but not limited to, system configuration (i.e, hub, dual cable), system capacity, two-way capability.
(16) Technical Statement. A statement from the applicant’s senior technical staff member or consultant advising that he has reviewed the Network Description, the Network Technical Standards, Performance Measurements, Channels to be Provided, Service Standards, Construction Standards and Conditions of Street Occupancy as set forth in or required by Section 20.14.20 through 20.14.26, respectively, hereunder and that the applicant’s planned network and operations thereof will meet all the requirements set forth therein.
(17) Existing, Pending and Proposed Franchises. A statement of existing, pending and proposed franchises held or applied for by the applicant which applicant proposes to apply for indicating as applicable when the franchises were issued and when the systems were constructed and the present state(s) of the system(s) or application in each respective governmental unit, together with the name and address and phone number of a responsible governmental official knowledgeable of the applicant.
(18) Convictions. A statement as to whether the applicant or any of its officers or directors or holders of five percent (5%) or more of its voting stock has in the past ten (10) years been convicted of or has charges pending for any crime other than a routine traffic offense and the disposition of each such case.
(19) Operating Experience. A statement detailing the prior cable television experience of the applicant including that of the applicant’s officers, management and staff to be associated with the proposed operation.
(20) Franchise Reissuance Information. If an application is for reissuance of a franchise, the proposal must include, in addition to the information required in Subsection (1) through (18) above:
(a) A summary of the technical, financial and programming history of the network since the granting of the original franchise.
(b) A statement and timetable that outlines all proposed changes, expansion or improvements in the system as to services, programming or technical specifications during the forthcoming five (5) year review period.
(21) Additional Requirements. The application for franchise shall respond specifically, and in sequence, to Subsections (1) through (19) of this section and shall be bound separately from any additional information proffered by the applicant. Five (5) copies of the application shall be supplies to the Village. Supplementary, additional or other information that the applicant deems reasonable for consideration may be submitted at the same time as its application, but must be separately bound and submitted in the above number of copies. The Village may, at its discretion, consider such additional information as part of the application.
(22) Supplementation to Applications. The Village reserves the right to require such supplementary, additional or other information that the Village deems reasonably necessary for its determinations. Such modifications, deletions, additions or amendments to the application shall be considered only if specifically requested by the Village.
20.14.08 ACCEPTANCE AND EFFECTIVE DATE OR FRANCHISE
(1) Franchise Acceptance Procedures. Any franchise awarded hereunder, and the rights, privileges and authority granted thereby shall take effect and be in force from and after the award thereof, provided that within thirty (30) days from the day of such award the Grantee shall file with the Village the following:
(a) An executed franchise license or permit, an example of which is the franchise agreement which is attached as Exhibit A.
2. Three (3) decibels of the signal level of any visual carrier within six (6) Mhz nominal frequency separation; and
3. Twelve (12) decibels of the visual carrier signal level on any other cable television channel.
(c) BTN frequency response as measured at any subscriber terminal shall not vary by more than ± two (2) db over the six (6) MHz band-width of any VHF television channel or corresponding portion of the FM or midband frequency spectrums.
2. Each off-air signal which is first picked up within its Grade B contour; or
3. Each off-air signal which is received by the cable system via microwave or other similar form of transmission.