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91_SB1141enr
SB1141 Enrolled SRS91S0045PMcb
1 AN ACT to amend the Illinois Municipal Code by changing
2 Section 11-42-11.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 changing Section 11-42-11 as follows:
7 (65 ILCS 5/11-42-11) (from Ch. 24, par. 11-42-11)
8 Sec. 11-42-11. Community antenna television systems;
9 satellite transmitted television programming.
10 (a) The corporate authorities of each municipality may
11 license, franchise and tax the business of operating a
12 community antenna television system as hereinafter defined.
13 In municipalities with less than 2,000,000 inhabitants, the
14 corporate authorities may, under the limited circumstances
15 set forth in this Section, own (or lease as lessee) and
16 operate a community antenna television system; provided that
17 a municipality may not acquire, construct, own, or operate a
18 community antenna television system for the use or benefit of
19 private consumers or users, and may not charge a fee for that
20 consumption or use, unless the proposition to acquire,
21 construct, own, or operate a cable antenna television system
22 has been submitted to and approved by the electors of the
23 municipality in accordance with subsection (f). Before
24 acquiring, constructing, or commencing operation of a
25 community antenna television system, the municipality shall
26 comply with the following:
27 (1) Give written notice to the owner or operator of
28 any other community antenna television system franchised
29 to serve all or any portion of the territorial area to be
30 served by the municipality's community antenna television
31 system, specifying the date, time, and place at which the
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1 municipality shall conduct public hearings to consider
2 and determine whether the municipality should acquire,
3 construct, or commence operation of a community antenna
4 television system. The public hearings shall be
5 conducted at least 14 days after this notice is given.
6 (2) Publish a notice of the hearing in 2 or more
7 newspapers published in the county, city, village,
8 incorporated town, or town, as the case may be. If there
9 is no such newspaper, then notice shall be published in
10 any 2 or more newspapers published in the county and
11 having a general circulation throughout the community.
12 The public hearings shall be conducted at least 14 days
13 after this notice is given.
14 (3) Conduct a public hearing to determine the means
15 by which construction, maintenance, and operation of the
16 system will be financed, including whether the use of tax
17 revenues or other fees will be required.
18 (b) The words "community antenna television system"
19 shall mean any facility which is constructed in whole or in
20 part in, on, under or over any highway or other public place
21 and which is operated to perform for hire the service of
22 receiving and amplifying the signals broadcast by one or more
23 television stations and redistributing such signals by wire,
24 cable or other means to members of the public who subscribe
25 to such service; except that such definition shall not
26 include (i) any system which serves fewer than fifty
27 subscribers, or (ii) any system which serves only the
28 residents of one or more apartment dwellings under common
29 ownership, control or management, and commercial
30 establishments located on the premises of such dwellings.
31 (c) The authority hereby granted does not include
32 authority to license, franchise or tax telephone companies
33 subject to jurisdiction of the Illinois Commerce Commission
34 or the Federal Communications Commission in connection with
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1 the furnishing of circuits, wires, cables, and other
2 facilities to the operator of a community antenna television
3 system.
4 The corporate authorities of each municipality may, in
5 the course of franchising such community antenna television
6 system, grant to such franchisee the authority and the right
7 and permission to use all public streets, rights of way,
8 alleys, ways for public service facilities, parks,
9 playgrounds, school grounds, or other public grounds, in
10 which such municipality may have an interest, for the
11 construction, installation, operation, maintenance,
12 alteration, addition, extension or improvement of a community
13 antenna television system.
14 Any charge imposed by a community antenna television
15 system franchised pursuant to this Section for the raising or
16 removal of cables or lines to permit passage on, to or from a
17 street shall not exceed the reasonable costs of work
18 reasonably necessary to safely permit such passage. Pursuant
19 to subsections (h) and (i) of Section 6 of Article VII of the
20 Constitution of the State of Illinois, the General Assembly
21 declares the regulation of charges which may be imposed by
22 community antenna television systems for the raising or
23 removal of cables or lines to permit passage on, to or from
24 streets is a power or function to be exercised exclusively by
25 the State and not to be exercised or performed concurrently
26 with the State by any unit of local government, including any
27 home rule unit.
28 The municipality may, upon written request by the
29 franchisee of a community antenna television system, exercise
30 its right of eminent domain solely for the purpose of
31 granting an easement right no greater than 8 feet in width,
32 extending no greater than 8 feet from any lot line for the
33 purpose of extending cable across any parcel of property in
34 the manner provided by the law of eminent domain, provided,
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1 however, such franchisee deposits with the municipality
2 sufficient security to pay all costs incurred by the
3 municipality in the exercise of its right of eminent domain.
4 (d) The General Assembly finds and declares that
5 satellite-transmitted television programming should be
6 available to those who desire to subscribe to such
7 programming and that decoding devices should be obtainable at
8 reasonable prices by those who are unable to obtain
9 satellite-transmitted television programming through duly
10 franchised community antenna television systems.
11 In any instance in which a person is unable to obtain
12 satellite-transmitted television programming through a duly
13 franchised community antenna television system either because
14 the municipality and county in which such person resides has
15 not granted a franchise to operate and maintain a community
16 antenna television system, or because the duly franchised
17 community antenna television system operator does not make
18 cable television services available to such person, any
19 programming company that delivers satellite-transmitted
20 television programming in scrambled or encrypted form shall
21 ensure that devices for description of such programming are
22 made available to such person, through the local community
23 antenna television operator or directly, for purchase or
24 lease at prices reasonably related to the cost of manufacture
25 and distribution of such devices.
26 (e) The General Assembly finds and declares that, in
27 order to ensure that community antenna television services
28 are provided in an orderly, competitive and economically
29 sound manner, the best interests of the public will be served
30 by the establishment of certain minimum standards and
31 procedures for the granting of additional cable television
32 franchises.
33 Subject to the provisions of this subsection, the
34 authority granted under subsection (a) hereof shall include
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1 the authority to license, franchise and tax more than one
2 cable operator to provide community antenna television
3 services within the corporate limits of a single franchising
4 authority. For purposes of this subsection (e), the term:
5 (i) "Existing cable television franchise" means a
6 community antenna television franchise granted by a
7 municipality which is in use at the time such
8 municipality receives an application or request by
9 another cable operator for a franchise to provide cable
10 antenna television services within all or any portion of
11 the territorial area which is or may be served under the
12 existing cable television franchise.
13 (ii) "Additional cable television franchise" means
14 a franchise pursuant to which community antenna
15 television services may be provided within the
16 territorial areas, or any portion thereof, which may be
17 served under an existing cable television franchise.
18 (iii) "Franchising Authority" is defined as that
19 term is defined under Section 602(9) of the Cable
20 Communications Policy Act of 1984, Public Law 98-549, but
21 does not include any municipality with a population of
22 1,000,000 or more.
23 (iv) "Cable operator" is defined as that term is
24 defined under Section 602(4) of the Cable Communications
25 Policy Act of 1984, Public Law 98-549.
26 Before granting an additional cable television franchise,
27 the franchising authority shall:
28 (1) Give written notice to the owner or operator of
29 any other community antenna television system franchised
30 to serve all or any portion of the territorial area to be
31 served by such additional cable television franchise,
32 identifying the applicant for such additional franchise
33 and specifying the date, time and place at which the
34 franchising authority shall conduct public hearings to
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1 consider and determine whether such additional cable
2 television franchise should be granted.
3 (2) Conduct a public hearing to determine the
4 public need for such additional cable television
5 franchise, the capacity of public rights-of-way to
6 accommodate such additional community antenna television
7 services, the potential disruption to existing users of
8 public rights-of-way to be used by such additional
9 franchise applicant to complete construction and to
10 provide cable television services within the proposed
11 franchise area, the long term economic impact of such
12 additional cable television system within the community,
13 and such other factors as the franchising authority shall
14 deem appropriate.
15 (3) Determine, based upon the foregoing factors,
16 whether it is in the best interest of the municipality to
17 grant such additional cable television franchise.
18 (4) If the franchising authority shall determine
19 that it is in the best interest of the municipality to do
20 so, it may grant the additional cable television
21 franchise. Except as provided in paragraph (5) of this
22 subsection (e), no such additional cable television
23 franchise shall be granted under terms or conditions more
24 favorable or less burdensome to the applicant than those
25 required under the existing cable television franchise,
26 including but not limited to terms and conditions
27 pertaining to the territorial extent of the franchise,
28 system design, technical performance standards,
29 construction schedules, performance bonds, standards for
30 construction and installation of cable television
31 facilities, service to subscribers, public educational
32 and governmental access channels and programming,
33 production assistance, liability and indemnification, and
34 franchise fees.
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1 (5) Unless the existing cable television franchise
2 provides that any additional cable television franchise
3 shall be subject to the same terms or substantially
4 equivalent terms and conditions as those of the existing
5 cable television franchise, the franchising authority may
6 grant an additional cable television franchise under
7 different terms and conditions than those of the existing
8 franchise, in which event the franchising authority shall
9 enter into good faith negotiations with the existing
10 franchisee and shall, within 120 days after the effective
11 date of the additional cable television franchise, modify
12 the existing cable television franchise in a manner and
13 to the extent necessary to ensure that neither the
14 existing cable television franchise nor the additional
15 cable television franchise, each considered in its
16 entirety, provides a competitive advantage over the
17 other, provided that prior to modifying the existing
18 cable television franchise, the franchising authority
19 shall have conducted a public hearing to consider the
20 proposed modification. No modification in the terms and
21 conditions of the existing cable television franchise
22 shall oblige the existing cable television franchisee (1)
23 to make any additional payment to the franchising
24 authority, including the payment of any additional
25 franchise fee, (2) to engage in any additional
26 construction of the existing cable television system or,
27 (3) to modify the specifications or design of the
28 existing cable television system; and the inclusion of
29 the factors identified in items (2) and (3) shall not be
30 considered in determining whether either franchise
31 considered in its entirety, has a competitive advantage
32 over the other except to the extent that the additional
33 franchisee provides additional video or data services or
34 the equipment or facilities necessary to generate and or
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1 carry such service. No modification in the terms and
2 conditions of the existing cable television franchise
3 shall be made if the existing cable television franchisee
4 elects to continue to operate under all terms and
5 conditions of the existing franchise.
6 If within the 120 day period the franchising
7 authority and the existing cable television franchisee
8 are unable to reach agreement on modifications to the
9 existing cable television franchise, then the franchising
10 authority shall modify the existing cable television
11 franchise, effective 45 days thereafter, in a manner, and
12 only to the extent, that the terms and conditions of the
13 existing cable television franchise shall no longer
14 impose any duty or obligation on the existing franchisee
15 which is not also imposed under the additional cable
16 television franchise; however, if by the modification the
17 existing cable television franchisee is relieved of
18 duties or obligations not imposed under the additional
19 cable television franchise, then within the same 45 days
20 and following a public hearing concerning modification of
21 the additional cable television franchise within that 45
22 day period, the franchising authority shall modify the
23 additional cable television franchise to the extent
24 necessary to insure that neither the existing cable
25 television franchise nor the additional cable television
26 franchise, each considered in its entirety, shall have a
27 competitive advantage over the other.
28 No municipality shall be subject to suit for damages
29 based upon the municipality's determination to grant or its
30 refusal to grant an additional cable television franchise,
31 provided that a public hearing as herein provided has been
32 held and the franchising authority has determined that it is
33 in the best interest of the municipality to grant or refuse
34 to grant such additional franchise, as the case may be.
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1 It is declared to be the law of this State, pursuant to
2 paragraphs (h) and (i) of Section 6 of Article VII of the
3 Illinois Constitution, that the establishment of minimum
4 standards and procedures for the granting of additional cable
5 television franchises by municipalities with a population
6 less than 1,000,000 as provided in this subsection (e) is an
7 exclusive State power and function that may not be exercised
8 concurrently by a home rule unit.
9 (f) No municipality may acquire, construct, own, or
10 operate a community antenna television system unless the
11 corporate authorities adopt an ordinance. The ordinance must
12 set forth the action proposed; describe the plant, equipment,
13 and property to be acquired or constructed; and specifically
14 describe the manner in which the construction, acquisition,
15 and operation of the system will be financed.
16 The ordinance may not take effect until the question of
17 acquiring, construction, owning, or operating a community
18 antenna television system has been submitted to the electors
19 of the municipality at a regular election and approved by a
20 majority of the electors voting on the question. The
21 corporate authorities must certify the question to the proper
22 election authority, which must submit the question at an
23 election in accordance with the Election Code.
24 The question must be submitted in substantially the
25 following form:
26 Shall the ordinance authorizing the municipality to
27 (insert action authorized by ordinance) take effect?
28 The votes must be recorded as "Yes" or "No".
29 If a majority of electors voting on the question vote in
30 the affirmative, the ordinance shall take effect.
31 Not more than 30 or less than 15 days before the date of
32 the referendum, the municipal clerk must publish the
33 ordinance at least once in one or more newspapers published
34 in the municipality or, if no newspaper is published in the
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1 municipality, in one or more newspapers of general
2 circulation within the municipality.
3 (Source: P.A. 89-657, eff. 8-14-96; 90-285, eff. 7-31-97.)
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