Public Act 93-0219
SB886 Enrolled LRB093 08261 BDD 08474 b
AN ACT concerning cable television.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Section 5-1096 as follows:
(55 ILCS 5/5-1096) (from Ch. 34, par. 5-1096)
Sec. 5-1096. Community antenna television systems;
interference with and payment for access.
(a) In any instance in which a county has granted a
franchise to any community antenna television company to
construct, operate or maintain a cable television system
within a designated franchise area, no property owner,
condominium association, managing agent, lessee or other
person in possession or control of any residential building
located within such designated franchise area shall forbid or
prevent any occupant, tenant or lessee of any such building
from receiving cable television service from such franchisee,
nor demand or accept payment from any such occupant, tenant
or lessee in any form as a condition of permitting the
installation of cable television facilities or the
maintenance of cable television service in any such building
or any portion thereof occupied or leased by such occupant,
tenant or lessee, nor shall any such property owner,
condominium association, managing agent, lessee or other
person discriminate in rental charges or otherwise against
any occupant, tenant or lessee receiving cable service;
provided, however, that the owner of such building may
require, in exchange and as compensation for permitting the
installation of cable television facilities within and upon
such building, the payment of just compensation to be paid by
the cable television franchisee which provides such cable
television service, said sum to be determined in accordance
with the provisions of subparagraphs (c) and (d) hereof, and
provided further that the cable television franchisee
installing such cable television facilities shall agree to
indemnify the owner of such building for any damage caused by
the installation, operation or removal of such cable
television facilities and service.
No community antenna television company shall install
cable television facilities within a residential building
pursuant to this subparagraph (a) unless an occupant, tenant
or lessee of such residential building requests the delivery
of cable television services.
(b) In any instance in which a county has granted a
franchise to any community antenna television company to
construct, operate or maintain a cable television system
within a designated franchise area, no property owner,
condominium association, managing agent, lessee or other
person in possession and control of any improved or
unimproved real estate located within such designated
franchise area shall forbid or prevent such cable television
franchisee from entering upon such real estate for the
purpose of and in connection with the construction or
installation of such cable television system and cable
television facilities, nor shall any such property owner,
condominium association, managing agent, lessee or other
person in possession or control of such real estate forbid or
prevent such cable television franchisee from constructing or
installing upon, beneath or over such real estate, including
any buildings or other structures located thereon, hardware,
cable, equipment, materials or other cable television
facilities utilized by such cable franchisee in the
construction and installation of such cable television
system; provided, however, that the owner of any such real
estate may require, in exchange and as compensation for
permitting the construction or installation of cable
television facilities upon, beneath or over such real estate,
the payment of just compensation by the cable television
franchisee which provides such cable television service, said
sum to be determined in accordance with the provisions of
subparagraphs (c) and (d) hereof, and provided further that
the cable television franchisee constructing or installing
such cable television facilities shall agree to indemnify the
owner of such real estate for any damage caused by the
installation, operation or removal of such cable television
facilities and service.
(c) In any instance in which the owner of a residential
building or the owner of improved or unimproved real estate
intends to require the payment of just compensation in excess
of $1 in exchange for permitting the installation of cable
television facilities in and upon such building, or upon,
beneath or over such real estate, the owner shall serve
written notice thereof upon the cable television franchisee.
Any such notice shall be served within 20 days of the date on
which such owner is notified of the cable television
franchisee's intention to construct or install cable
television facilities in and upon such building, or upon,
beneath or over such real estate. Unless timely notice as
herein provided is given by the owner to the cable television
franchisee, it will be conclusively presumed that the owner
of any such building or real estate does not claim or intend
to require a payment of more than $1 in exchange and as just
compensation for permitting the installation of cable
television facilities within and upon such building, or upon,
beneath or over such real estate. In any instance in which a
cable television franchisee intends to install cable
television facilities as herein provided, written notice of
such intention shall be sent by the cable television
franchisee to the property owner or to such person,
association or managing agent as shall have been appointed or
otherwise designated to manage or operate the property. Such
notice shall include the address of the property, the name of
the cable television franchisee, and information as to the
time within which the owner may give notice, demand payment
as just compensation and initiate legal proceedings as
provided in this subparagraph (c) and subparagraph (d). In
any instance in which a community antenna television company
intends to install cable television facilities within a
residential building containing 12 or more residential units
or upon, beneath, or over real estate that is used as a site
for 12 or more manufactured housing units, 12 or more mobile
homes, or a combination of 12 or more manufactured housing
units and mobile homes, the written notice shall further
provide that the property owner may require that the
community antenna television company submit to the owner
written plans identifying the manner in which cable
television facilities are to be installed, including the
proposed location of coaxial cable. Approval of those plans
by the property owner shall not be unreasonably withheld and
the owners' consent to and approval of those plans shall be
presumed unless, within 30 days after receipt thereof, or in
the case of a condominium association, 90 days after receipt
thereof, the property owner identifies in writing the
specific manner in which those plans deviate from generally
accepted construction or safety standards, and unless the
property owner contemporaneously submits an alternative
construction plan providing for the installation of cable
television facilities in an economically feasible manner.
The community antenna television company may proceed with the
plans originally submitted if an alternative plan is not
submitted by the property owner within 30 days, or in the
case of a condominium association, 90 days, or if an
alternative plan submitted by the property owner fails to
comply with generally accepted construction and safety
standards or does not provide for the installation of cable
television facilities in an economically feasible manner. For
purposes of this subsection, "mobile home" and "manufactured
housing unit" have the same meaning as in the Illinois
Manufactured Housing and Mobile Home Safety Act.
(d) Any owner of a residential building described in
subparagraph (a), and any owner of improved or unimproved
real estate described in subparagraph (b), who shall have
given timely written notice to the cable television
franchisee as provided in subparagraph (c), may assert a
claim for just compensation in excess of $1 for permitting
the installation of cable television facilities within and
upon such building, or upon, beneath or over such real
estate. Within 30 days after notice has been given in
accordance with subparagraph (c), the owner shall advise the
cable television franchisee in writing of the amount claimed
as just compensation. If within 60 days after the receipt of
the owner's claim, the cable television franchisee has not
agreed to pay the amount claimed or some other amount
acceptable to the owner, the owner may bring suit to enforce
such claim for just compensation in any court of competent
jurisdiction and, upon timely demand, may require that the
amount of just compensation be determined by a jury. Any such
action shall be commenced within 6 months of the notice given
by the cable television franchisee pursuant to subparagraph
(c) hereof. In any action brought to determine such amount,
the owner may submit evidence of a decrease in the fair
market value of the property occasioned by the installation
or location of the cable on the property, that the owner has
a specific alternative use for the space occupied by cable
television facilities, the loss of which will result in a
monetary loss to the owner, or that installation of cable
television facilities within and upon such building or upon,
beneath or over such real estate otherwise substantially
interferes with the use and occupancy of such building to an
extent which causes a decrease in the fair market value of
such building or real estate.
(e) Neither the giving of a notice by the owner under
subparagraph (c), nor the assertion of a specific claim, nor
the initiation of legal action to enforce such claim, as
provided under subparagraph (d), shall delay or impair the
right of the cable television franchisee to construct or
install cable television facilities and maintain cable
television services within or upon any building described in
subparagraph (a) or upon, beneath or over real estate
described in subparagraph (b).
(f) Notwithstanding the foregoing, no community antenna
television company shall enter upon any real estate or rights
of way in the possession or control of any public utility,
railroad or owner or operator of an oil, petroleum product,
chemical or gas pipeline to install or remove cable
television facilities or to provide underground maintenance
or repair services with respect thereto, prior to delivery to
the public utility, railroad or pipeline owner or operator of
written notice of intent to enter, install, maintain or
remove. No entry shall be made until at least 15 business
days after receipt of such written notice. Such written
notice, which shall be delivered to the registered agent of
such public utility, railroad or pipeline owner or operator
shall include the following information:
(i) The date of the proposed installation, maintenance,
repair or removal and projected length of time required to
complete such installation, maintenance, repair or removal;
(ii) The manner and method of such installation,
maintenance, repair or removal;
(iii) The location of the proposed entry and path of
cable television facilities proposed to be placed, repaired,
maintained or removed upon the real estate or right of way;
and
(iv) The written agreement of the community antenna
television company to indemnify and hold harmless such public
utility, railroad or pipeline owner or operator from the
costs of any damages directly or indirectly caused by the
installation, maintenance, repair, operation, or removal of
cable television facilities. Upon request of the public
utility, railroad, or owner or operator of an oil, petroleum
product, chemical or gas pipeline, the community antenna
television company shall provide proof that it has purchased
and will maintain a policy or policies of insurance in
amounts sufficient to provide coverage for personal injury
and property damage losses caused by or resulting from the
installation, maintenance, repair or removal of cable
television facilities. The written agreement shall provide
that the community antenna television company shall maintain
such policies of insurance in full force and effect as long
as cable television facilities remain on the real estate or
right of way.
Within 15 business days of receipt of the written prior
notice of entry the public utility, railroad or pipeline
owner or operator shall investigate and determine whether or
not the proposed entry and installation or repair,
maintenance, or removal would create a dangerous condition
threatening the safety of the public or the safety of its
employees or threatening to cause an interruption of the
furnishing of vital transportation, utility or pipeline
services and upon so finding shall so notify the community
antenna television company of such decision in writing.
Initial determination of the existence of such a dangerous
condition or interruption of services shall be made by the
public utility, railroad or pipeline owner or operator whose
real estate or right of way is involved. In the event that
the community antenna television company disagrees with such
determination, a determination of whether such entry and
installation, maintenance, repair or removal would create
such a dangerous condition or interrupt services shall be
made by a court of competent jurisdiction upon the
application of such community antenna television company. An
initial written determination of a public utility, railroad,
or pipeline owner or operator timely made and transmitted to
the community antenna television company, in the absence of a
determination by a court of competent jurisdiction finding to
the contrary, bars the entry of the community antenna
television company upon the real estate or right of way for
any purpose.
Any public utility, railroad or pipeline owner or
operator may assert a written claim against any community
antenna television company for just compensation within 30
days after written notice has been given in accordance with
this subparagraph (f). If, within 60 days after the receipt
of such claim for compensation, the community antenna
television company has not agreed to the amount claimed or
some other amount acceptable to the public utility, railroad
or pipeline owner or operator, the public utility, railroad
or pipeline owner or operator may bring suit to enforce such
claim for just compensation in any court of competent
jurisdiction and, upon timely demand, may require that the
amount of just compensation be determined by a jury. Any
such action shall be commenced within 6 months of the notice
provided for in this subparagraph (f). In any action brought
to determine such just compensation, the public utility,
railroad or pipeline owner or operator may submit such
evidence as may be relevant to the issue of just
compensation. Neither the assertion of a claim for
compensation nor the initiation of legal action to enforce
such claim shall delay or impair the right of the community
antenna television company to construct or install cable
television facilities upon any real estate or rights of way
of any public utility, railroad or pipeline owner or
operator.
To the extent that the public utility, railroad, or owner
or operator of an oil, petroleum product, chemical or gas
pipeline deems it appropriate to supervise, monitor or
otherwise assist the community antenna television company in
connection with the installation, maintenance, repair or
removal of cable television facilities upon such real estate
or rights of way, the community antenna television company
shall reimburse the public utility, railroad or owner or
operator of an oil, petroleum product, chemical or gas
pipeline for costs reasonable and actually incurred in
connection therewith.
The provisions of this subparagraph (f) shall not be
applicable to any easements, rights of way or ways for public
service facilities in which public utilities, other than
railroads, have any interest pursuant to "an Act to revise
the law in relation to plats" approved March 21, 1874, and
all ordinances enacted pursuant thereto. Such easements,
rights of way and ways for public service facilities are
hereby declared to be apportionable and upon written request
by a community antenna television company, public utilities
shall make such easements, rights of way and ways for public
service facilities available for the construction,
maintenance, repair or removal of cable television facilities
provided that such construction, maintenance, repair or
removal does not create a dangerous condition threatening the
safety of the public or the safety of such public utility
employees or threatening to cause an interruption of the
furnishing of vital utility service. Initial determination
of the existence of such a dangerous condition or
interruption of services shall be made by the public utility
whose easement, right of way or way for public service
facility is involved. In the event the community antenna
television company disagrees with such determination, a
determination of whether such construction, maintenance,
repair or removal would create such a dangerous condition or
threaten to interrupt vital utility services, shall be made
by a court of competent jurisdiction upon the application of
such community antenna television company.
If a county notifies or a county requires a developer to
notify a public utility before or after issuing a permit or
other authorization for the construction of residential
buildings, then the county or developer shall, at the same
time, similarly notify any community antenna television
system franchised by or within that county.
In addition to such other notices as may be required by
this subparagraph (f), a community antenna television company
shall not enter upon the real estate or rights of way of any
public utility, railroad or pipeline owner or operator for
the purposes of above-ground maintenance or repair of its
television cable facilities without giving 96 hours prior
written notice to the registered agent of the public utility,
railroad or pipeline owner or operator involved, or in the
case of a public utility, notice may be given through the
statewide one-call notice system provided for by General
Order of the Illinois Commerce Commission or, if in Chicago,
through the system known as the Chicago Utility Alert
Network.
(Source: P.A. 90-450, eff. 1-1-98.)
Section 10. The Illinois Municipal Code is amended by
changing Section 11-42-11.1 as follows:
(65 ILCS 5/11-42-11.1) (from Ch. 24, par. 11-42-11.1)
Sec. 11-42-11.1. (a) In any instance in which a
municipality has (i) granted a franchise to any community
antenna television company or (ii) decided for the
municipality itself to construct, operate or maintain a cable
television system within a designated area, no property
owner, condominium association, managing agent, lessee or
other person in possession or control of any residential
building located within the designated area shall forbid or
prevent any occupant, tenant or lessee of any such building
from receiving cable television service from such franchisee
or municipality, nor demand or accept payment from any such
occupant, tenant or lessee in any form as a condition of
permitting the installation of cable television facilities or
the maintenance of cable television service in any such
building or any portion thereof occupied or leased by such
occupant, tenant or lessee, nor shall any such property
owner, condominium association, managing agent, lessee or
other person discriminate in rental charges or otherwise
against any occupant, tenant or lessee receiving cable
service; provided, however, that the owner of such building
may require, in exchange and as compensation for permitting
the installation of cable television facilities within and
upon such building, the payment of just compensation by the
cable television franchisee which provides such cable
television service, said sum to be determined in accordance
with the provisions of subparagraphs (c) and (d) hereof, and
provided further that the cable television franchisee
installing such cable television facilities shall agree to
indemnify the owner of such building for any damage caused by
the installation, operation or removal of such cable
television facilities and service.
No community antenna television company shall install
cable television facilities within a residential building
pursuant to this subparagraph (a) unless an occupant, tenant
or lessee of such residential building requests the delivery
of cable television services. In any instance in which a
request for service is made by more than 3 occupants, tenants
or lessees of a residential building, the community antenna
television company may install cable television facilities
throughout the building in a manner which enables the
community antenna television company to provide cable
television services to occupants, tenants or lessees of other
residential units without requiring the installation of
additional cable television facilities other than within the
residential units occupied by such other occupants, tenants
or lessees.
(b) In any instance in which a municipality has (i)
granted a franchise to any community antenna television
company or (ii) decided for the municipality itself to
construct, operate or maintain a cable television system
within a designated area, no property owner, condominium
association, managing agent, lessee or other person in
possession and control of any improved or unimproved real
estate located within such designated area shall forbid or
prevent such cable television franchisee or municipality from
entering upon such real estate for the purpose of and in
connection with the construction or installation of such
cable television system and cable television facilities, nor
shall any such property owner, condominium association,
managing agent, lessee or other person in possession or
control of such real estate forbid or prevent such cable
television franchisee or municipality from constructing or
installing upon, beneath or over such real estate, including
any buildings or other structures located thereon, hardware,
cable, equipment, materials or other cable television
facilities utilized by such cable franchisee or municipality
in the construction and installation of such cable television
system; provided, however, that the owner of any such real
estate may require, in exchange and as compensation for
permitting the construction or installation of cable
television facilities upon, beneath or over such real estate,
the payment of just compensation by the cable television
franchisee which provides such cable television service, said
sum to be determined in accordance with the provisions of
subparagraphs (c) and (d) hereof, and provided further that
the cable television franchisee constructing or installing
such cable television facilities shall agree to indemnify the
owner of such real estate for any damage caused by the
installation, operation or removal of such cable television
facilities and service.
(c) In any instance in which the owner of a residential
building or the owner of improved or unimproved real estate
intends to require the payment of just compensation in excess
of $1 in exchange for permitting the installation of cable
television facilities in and upon such building, or upon,
beneath or over such real estate, the owner shall serve
written notice thereof upon the cable television franchisee.
Any such notice shall be served within 20 days of the date on
which such owner is notified of the cable television
franchisee's intention to construct or install cable
television facilities in and upon such building, or upon,
beneath or over such real estate. Unless timely notice as
herein provided is given by the owner to the cable television
franchisee, it will be conclusively presumed that the owner
of any such building or real estate does not claim or intend
to require a payment of more than $1 in exchange and as just
compensation for permitting the installation of cable
television facilities within and upon such building, or upon,
beneath or over such real estate. In any instance in which a
cable television franchisee intends to install cable
television facilities as herein provided, written notice of
such intention shall be sent by the cable television
franchisee to the property owner or to such person,
association or managing agent as shall have been appointed or
otherwise designated to manage or operate the property. Such
notice shall include the address of the property, the name of
the cable television franchisee, and information as to the
time within which the owner may give notice, demand payment
as just compensation and initiate legal proceedings as
provided in this subparagraph (c) and subparagraph (d). In
any instance in which a community antenna television company
intends to install cable television facilities within a
residential building containing 12 or more residential units
or upon, beneath, or over real estate that is used as a site
for 12 or more manufactured housing units, 12 or more mobile
homes, or a combination of 12 or more manufactured housing
units and mobile homes, the written notice shall further
provide that the property owner may require that the
community antenna television company submit to the owner
written plans identifying the manner in which cable
television facilities are to be installed, including the
proposed location of coaxial cable. Approval of such plans
by the property owner shall not be unreasonably withheld and
such owners' consent to and approval of such plans shall be
presumed unless, within 30 days after receipt thereof, or in
the case of a condominium association, 90 days after receipt
thereof, the property owner identifies in writing the
specific manner in which such plans deviate from generally
accepted construction or safety standards, and unless the
property owner contemporaneously submits an alternative
construction plan providing for the installation of cable
television facilities in an economically feasible manner.
The community antenna television company may proceed with the
plans originally submitted if an alternative plan is not
submitted by the property owner within 30 days, or in the
case of a condominium association, 90 days, or if an
alternative plan submitted by the property owner fails to
comply with generally accepted construction and safety
standards or does not provide for the installation of cable
television facilities in an economically feasible manner. For
purposes of this subsection, "mobile home" and "manufactured
housing unit" have the same meaning as in the Illinois
Manufactured Housing and Mobile Home Safety Act.
(d) Any owner of a residential building described in
subparagraph (a), and any owner of improved or unimproved
real estate described in subparagraph (b), who shall have
given timely written notice to the cable television
franchisee as provided in subparagraph (c), may assert a
claim for just compensation in excess of $1 for permitting
the installation of cable television facilities within and
upon such building, or upon, beneath or over such real
estate. Within 30 days after notice has been given in
accordance with subparagraph (c), the owner shall advise the
cable television franchisee in writing of the amount claimed
as just compensation. If within 60 days after the receipt of
the owner's claim, the cable television franchisee has not
agreed to pay the amount claimed or some other amount
acceptable to the owner, the owner may bring suit to enforce
such claim for just compensation in any court of competent
jurisdiction and, upon timely demand, may require that the
amount of just compensation be determined by a jury. Any such
action shall be commenced within 6 months of the notice given
by the cable television franchisee pursuant to subparagraph
(c) hereof. In any action brought to determine such amount,
the owner may submit evidence of a decrease in the fair
market value of the property occasioned by the installation
or location of the cable on the property, that the owner has
a specific alternative use for the space occupied by cable
television facilities, the loss of which will result in a
monetary loss to the owner, or that installation of cable
television facilities within and upon such building or upon,
beneath or over such real estate otherwise substantially
interferes with the use and occupancy of such building to an
extent which causes a decrease in the fair market value of
such building or real estate.
(e) Neither the giving of a notice by the owner under
subparagraph (c), nor the assertion of a specific claim, nor
the initiation of legal action to enforce such claim, as
provided under subparagraph (d), shall delay or impair the
right of the cable television franchisee to construct or
install cable television facilities and maintain cable
television services within or upon any building described in
subparagraph (a) or upon, beneath or over real estate
described in subparagraph (b).
(f) Notwithstanding the foregoing, no community antenna
television company or municipality shall enter upon any real
estate or rights of way in the possession or control of any
public utility, railroad or owner or operator of an oil,
petroleum product, chemical or gas pipeline to install or
remove cable television facilities or to provide underground
maintenance or repair services with respect thereto, prior to
delivery to the public utility, railroad or pipeline owner or
operator of written notice of intent to enter, install,
maintain or remove. No entry shall be made until at least 15
business days after receipt of such written notice. Such
written notice, which shall be delivered to the registered
agent of such public utility, railroad or pipeline owner or
operator shall include the following information:
(i) The date of the proposed installation, maintenance,
repair or removal and projected length of time required to
complete such installation, maintenance, repair or removal;
(ii) The manner and method of such installation,
maintenance, repair or removal;
(iii) The location of the proposed entry and path of
cable television facilities proposed to be placed, repaired,
maintained or removed upon the real estate or right of way;
and
(iv) The written agreement of the community antenna
television company to indemnify and hold harmless such public
utility, railroad or pipeline owner or operator from the
costs of any damages directly or indirectly caused by the
installation, maintenance, repair, operation, or removal of
cable television facilities. Upon request of the public
utility, railroad, or owner or operator of an oil, petroleum
product, chemical or gas pipeline, the community antenna
television company shall provide proof that it has purchased
and will maintain a policy or policies of insurance in
amounts sufficient to provide coverage for personal injury
and property damage losses caused by or resulting from the
installation, maintenance, repair or removal of cable
television facilities. The written agreement shall provide
that the community antenna television company shall maintain
such policies of insurance in full force and effect as long
as cable television facilities remain on the real estate or
right of way.
Within 15 business days of receipt of the written prior
notice of entry the public utility, railroad or pipeline
owner or operator shall investigate and determine whether or
not the proposed entry and installation or repair,
maintenance, or removal would create a dangerous condition
threatening the safety of the public or the safety of its
employees or threatening to cause an interruption of the
furnishing of vital transportation, utility or pipeline
services and upon so finding shall so notify the community
antenna television company or municipality of such decision
in writing. Initial determination of the existence of such a
dangerous condition or interruption of services shall be made
by the public utility, railroad or pipeline owner or operator
whose real estate or right of way is involved. In the event
that the community antenna television company or municipality
disagrees with such determination, a determination of whether
such entry and installation, maintenance, repair or removal
would create such a dangerous condition or interrupt services
shall be made by a court of competent jurisdiction upon the
application of such community antenna television company or
municipality. An initial written determination of a public
utility, railroad, or pipeline owner or operator timely made
and transmitted to the community antenna television company
or municipality, in the absence of a determination by a court
of competent jurisdiction finding to the contrary, bars the
entry of the community antenna television company or
municipality upon the real estate or right of way for any
purpose.
Any public utility, railroad or pipeline owner or
operator may assert a written claim against any community
antenna television company for just compensation within 30
days after written notice has been given in accordance with
this subparagraph (f). If, within 60 days after the receipt
of such claim for compensation, the community antenna
television company has not agreed to the amount claimed or
some other amount acceptable to the public utility, railroad
or pipeline owner or operator, the public utility, railroad
or pipeline owner or operator may bring suit to enforce such
claim for just compensation in any court of competent
jurisdiction and, upon timely demand, may require that the
amount of just compensation be determined by a jury. Any
such action shall be commenced within 6 months of the notice
provided for in this subparagraph (f). In any action brought
to determine such just compensation, the public utility,
railroad or pipeline owner or operator may submit such
evidence as may be relevant to the issue of just
compensation. Neither the assertion of a claim for
compensation nor the initiation of legal action to enforce
such claim shall delay or impair the right of the community
antenna television company to construct or install cable
television facilities upon any real estate or rights of way
of any public utility, railroad or pipeline owner or
operator.
To the extent that the public utility, railroad, or owner
or operator of an oil, petroleum product, chemical or gas
pipeline deems it appropriate to supervise, monitor or
otherwise assist the community antenna television company in
connection with the installation, maintenance, repair or
removal of cable television facilities upon such real estate
or rights of way, the community antenna television company
shall reimburse the public utility, railroad or owner or
operator of an oil, petroleum product, chemical or gas
pipeline for costs reasonable and actually incurred in
connection therewith.
The provisions of this subparagraph (f) shall not be
applicable to any easements, rights of way or ways for public
service facilities in which public utilities, other than
railroads, have any interest pursuant to "An Act to revise
the law in relation to plats", approved March 21, 1874, as
amended, and all ordinances enacted pursuant thereto. Such
easements, rights of way and ways for public service
facilities are hereby declared to be apportionable and upon
written request by a community antenna television company,
public utilities shall make such easements, rights of way and
ways for public service facilities available for the
construction, maintenance, repair or removal of cable
television facilities provided that such construction,
maintenance, repair or removal does not create a dangerous
condition threatening the safety of the public or the safety
of such public utility employees or threatening to cause an
interruption of the furnishing of vital utility service.
Initial determination of the existence of such a dangerous
condition or interruption of services shall be made by the
public utility whose easement, right of way or way for public
service facility is involved. In the event the community
antenna television company or municipality disagrees with
such determination, a determination of whether such
construction, maintenance, repair or removal would create
such a dangerous condition or threaten to interrupt vital
utility services, shall be made by a court of competent
jurisdiction upon the application of such community antenna
television company.
If a municipality notifies or a municipality requires a
developer to notify a public utility before or after issuing
a permit or other authorization for the construction of
residential buildings, then the municipality or developer
shall, at the same time, similarly notify any community
antenna television system franchised by or within that
municipality.
In addition to such other notices as may be required by
this subparagraph (f), a community antenna television company
or municipality shall not enter upon the real estate or
rights of way of any public utility, railroad or pipeline
owner or operator for the purposes of above-ground
maintenance or repair of its television cable facilities
without giving 96 hours prior written notice to the
registered agent of the public utility, railroad or pipeline
owner or operator involved, or in the case of a public
utility, notice may be given through the statewide one-call
notice system provided for by General Order of the Illinois
Commerce Commission or, if in Chicago, through the system
known as the Chicago Utility Alert Network.
(Source: P.A. 90-450, eff. 1-1-98.)