O-07-40VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -07 -40
AN ORDINANCE ADOPTING CABLE AND VIDEO
CUSTOMER PROTECTION AND SERVICE STANDARDS
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
17th day of December , 2007.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
17th day of December , 2007.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -07 -40
AN ORDINANCE ADOPTING CABLE AND VIDEO
CUSTOMER PROTECTION AND SERVICE STANDARDS
WHEREAS, the Village of Deerfield 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 Section 70 -501 of the Cable and Video
Customer Protection Law (220 ILCS 5/70 -501) authorizing a city or village to enforce all of the
customer service and privacy protection standards of Section 70 -501; 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 DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in
the exercise of its home rule powers, as follows:
SECTION 1: Recitals. 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 as if fully set forth
herein.
SECTION 2: Adoption of Cable and Video Customer Protection Law, 220 ILCS 5/70-
501. Chapter 7 of the Municipal Code of the Village of Deerfield is hereby amended by the addition
of Article 15 thereof entitled "Cable and Video Customer Protection Law" and shall read as follows:
Article 15. Cable and Video Customer Protection Law.
Sec. 7 -89. Customer Service and Privacy Protection Law.
(a) Adoption. 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 Village's boundaries.
(b) Amendments. 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 municipality'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 Village.
Sec. 7 -90. 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 Customer Protection Law with respect to complaints received from
residents within the Village.
See. 7-91. Penalties.
(a) Pursuant to 220 ILCS 5/70- 501(r)(1), the Village does herebyprovide
for a schedule of penalties for any material breach of the Cable and Video
Customer Protection Law by cable or video providers, which penalties shall be 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.
(b) For purposes of this Chapter, 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 Customer Protection
Law
(c) The Village shall give the cable or video provider written notice of any
alleged material breaches of the Cable and Video Customer Protection Law and
allow such provider at least 30 days from the receipt of the notice to remedy the
specified material breach.
(d) For the purposes of assessing penalties, a material breach of the Cable
and Video Customer Protection Law shall be deemed to occur for each day that a
material breach has not been remedied by the cable or video service provider after
notice as provided in Section 7 -91(c) hereof.
-2-
7 -92. Customer Credits. The Village hereby adopts the schedule of
customer credits for violations set forth in 220 ILCS 5/70- 501(s). Those credits shall
be 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: Severability. 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 4: Effective Date. That this Ordinance shall be in full force and effect from and
after its passage, approval and publication as required by law. The provisions of this Ordinance shall
take effect on January 1, 2008 as to incumbent cable operators.
PASSED this 17th day of December , 2007.
AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this day
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