Full Text of HB4413 93rd General Assembly
HB4413ham001 93RD GENERAL ASSEMBLY
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Consumer Protection Committee
Adopted in House Comm. on Feb 25, 2004
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09300HB4413ham001 |
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LRB093 18564 MKM 47709 a |
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| AMENDMENT TO HOUSE BILL 4413
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| AMENDMENT NO. ______. Amend House Bill 4413 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Counties Code is amended by changing | 5 |
| Section 5-1095 as follows:
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| (55 ILCS 5/5-1095) (from Ch. 34, par. 5-1095)
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| Sec. 5-1095. Community antenna television systems; | 8 |
| satellite
transmitted television programming.
| 9 |
| (a) The County Board may license,
tax or franchise the | 10 |
| business of operating a community antenna television
system or | 11 |
| systems within the County and outside of a municipality, as
| 12 |
| defined in Section 1-1-2 of the Illinois Municipal Code.
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| When an area is annexed to a municipality, the annexing | 14 |
| municipality
shall thereby become the franchising authority | 15 |
| with respect to that portion
of any community antenna | 16 |
| television system that, immediately before
annexation, had | 17 |
| provided cable television services within the annexed area
| 18 |
| under a franchise granted by the county, and the owner of that | 19 |
| community
antenna television system shall thereby be | 20 |
| authorized to provide cable
television services within the | 21 |
| annexed area under the terms and provisions
of the existing | 22 |
| franchise. In that instance, the franchise shall remain in
| 23 |
| effect until, by its terms, it expires, except that any | 24 |
| franchise fees
payable under the franchise shall be payable |
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| only to the county for a
period of 5 years or until, by its | 2 |
| terms, the franchise expires, whichever
occurs first. After the | 3 |
| 5 year period, any franchise fees payable under
the franchise | 4 |
| shall be paid to the annexing municipality. In any
instance in | 5 |
| which a duly franchised community antenna television system is
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| providing cable television services within the annexing | 7 |
| municipality at the
time of annexation, the annexing | 8 |
| municipality may permit that
franchisee to extend its community | 9 |
| antenna television system to the annexed
area under terms and | 10 |
| conditions that are no more burdensome nor less
favorable to | 11 |
| that franchisee than those imposed under any community antenna
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| television franchise applicable to the annexed area at the time | 13 |
| of annexation.
The authorization to extend cable television | 14 |
| service to the annexed area and
any community antenna | 15 |
| television system authorized to provide cable television
| 16 |
| services within the annexed area at the time of annexation | 17 |
| shall not be subject
to the provisions of subsection (e) of | 18 |
| this Section.
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| (b) "Community antenna television system" as used in this | 20 |
| Section, means
any facility which is constructed in whole or in | 21 |
| part in, on, under or
over any highway or other public place | 22 |
| and which is operated to perform
for hire the service of | 23 |
| receiving and amplifying the signals broadcast
by one or more | 24 |
| television stations and redistributing such signals by
wire, | 25 |
| cable or other means to members of the public who subscribe to
| 26 |
| such service except that such term does not include (i) any | 27 |
| system which
serves fewer than 50 subscribers or (ii) any | 28 |
| system which serves only
the residents of one or more apartment | 29 |
| dwellings under common ownership,
control or management, and | 30 |
| commercial establishments located on the
premises of such | 31 |
| dwellings.
| 32 |
| (c) The authority hereby granted does not include the | 33 |
| authority to
license or franchise telephone companies subject | 34 |
| to the jurisdiction of
the Illinois Commerce Commission or the |
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| Federal Communications
Commission in connection with | 2 |
| furnishing circuits, wires, cables or
other facilities to the | 3 |
| operator of a community antenna television
system.
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| The County Board may, in the course of franchising such | 5 |
| community antenna
television system, grant to such franchisee | 6 |
| the authority and the right
and permission to use all public | 7 |
| streets, rights of way, alleys, ways for
public service | 8 |
| facilities, parks, playgrounds, school grounds, or other
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| public grounds, in which such county may have an interest, for | 10 |
| the
construction, installation, operation, maintenance, | 11 |
| alteration, addition,
extension or improvement of a community | 12 |
| antenna television system.
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| Any charge imposed by a community antenna television system | 14 |
| franchised
pursuant to this Section for the raising or removal | 15 |
| of cables or lines to
permit passage on, to or from a street | 16 |
| shall not exceed the reasonable
costs of work reasonably | 17 |
| necessary to safely permit such passage. Pursuant
to | 18 |
| subsections (h) and (i) of Section 6 of Article VII of the | 19 |
| Constitution
of the State of Illinois, the General Assembly | 20 |
| declares the regulation of
charges which may be imposed by | 21 |
| community antenna television systems for
the raising or removal | 22 |
| of cables or lines to permit passage on, to or from
streets is | 23 |
| a power or function to be exercised exclusively by the State | 24 |
| and
not to be exercised or performed concurrently with the | 25 |
| State by any unit of
local government, including any home rule | 26 |
| unit.
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| The County Board may, upon written request by the | 28 |
| franchisee of a community
antenna television system, exercise | 29 |
| its right of eminent domain solely for
the purpose of granting | 30 |
| an easement right no greater than 8 feet in width,
extending no | 31 |
| greater than 8 feet from any lot line for the purpose of
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| extending cable across any parcel of property in the manner | 33 |
| provided for by
the law of eminent domain, provided, however, | 34 |
| such franchisee deposits with
the county sufficient security to |
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| pay all costs incurred by the county in
the exercise of its | 2 |
| right of eminent domain.
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| Except as specifically provided otherwise in this Section, | 4 |
| this
Section is not a limitation on any home rule county.
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| (d) The General Assembly finds and declares that | 6 |
| satellite-transmitted
television programming should be | 7 |
| available to those who desire to subscribe
to such programming | 8 |
| and that decoding devices should be obtainable at
reasonable | 9 |
| prices by those who are unable to obtain satellite-transmitted
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| television programming through duly franchised community | 11 |
| antenna television
systems.
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| In any instance in which a person is unable to obtain
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| satellite-transmitted television programming through a duly | 14 |
| franchised
community antenna television system either because | 15 |
| the municipality and
county in which such person resides has | 16 |
| not granted a franchise to operate
and maintain a community | 17 |
| antenna television system, or because the duly
franchised | 18 |
| community antenna television system operator does not make | 19 |
| cable
television services available to such person, any | 20 |
| programming company that
delivers satellite-transmitted | 21 |
| television programming in scrambled or
encrypted form shall | 22 |
| ensure that devices for decryption of such programming
are made | 23 |
| available to such person, through the local community antenna
| 24 |
| television operator or directly, for purchase or lease at | 25 |
| prices reasonably
related to the cost of manufacture and | 26 |
| distribution of such devices.
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| (e) The General Assembly finds and declares that, in order | 28 |
| to ensure that
community antenna television services are | 29 |
| provided in an orderly,
competitive and economically sound | 30 |
| manner, the best interests of the public
will be served by the | 31 |
| establishment of certain minimum standards and
procedures for | 32 |
| the granting of additional cable television franchises.
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| Subject to the provisions of this subsection, the authority
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| granted under subsection (a) hereof shall include the authority |
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| to license,
franchise and tax more than one cable operator to | 2 |
| provide community antenna
television services within the | 3 |
| territorial limits of a single franchising
authority. For | 4 |
| purposes of this subsection (e), the term:
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| (i) "Existing cable television franchise" means a | 6 |
| community antenna
television franchise granted by a county | 7 |
| which is in use at the time
such county receives an | 8 |
| application or request by another cable
operator for a | 9 |
| franchise to provide cable antenna television services
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| within all or any portion of the territorial area which is | 11 |
| or may be served
under the existing cable television | 12 |
| franchise.
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| (ii) "Additional cable television franchise" means a | 14 |
| franchise pursuant
to which community antenna television | 15 |
| services may be provided within the
territorial areas, or | 16 |
| any portion thereof, which may be served under an
existing | 17 |
| cable television franchise.
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| (iii) "Franchising Authority" is defined as that term | 19 |
| is defined under
Section 602(9) of the Cable Communications | 20 |
| Policy Act of 1984, Public Law
98-549.
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| (iv) "Cable operator" is defined as that term is | 22 |
| defined under Section
602(4) of the Cable Communications | 23 |
| Policy Act of 1984, Public Law 98-549.
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| Before granting an additional cable television franchise, | 25 |
| the franchising
authority shall:
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| (1) Give written notice to the owner or operator of any | 27 |
| other community
antenna television system franchised to | 28 |
| serve all or any portion of the
territorial area to be | 29 |
| served by such additional cable television
franchise, | 30 |
| identifying the applicant for such additional franchise | 31 |
| and
specifying the date, time and place at which the | 32 |
| franchising authority
shall conduct public hearings to | 33 |
| consider and determine whether such
additional cable | 34 |
| television franchise should be granted.
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| (2) Conduct a public hearing to determine the public | 2 |
| need for such
additional cable television franchise, the | 3 |
| capacity of public rights-of-way
to accommodate such | 4 |
| additional community antenna television services, the
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| potential disruption to existing users of public | 6 |
| rights-of-way to be used
by such additional franchise | 7 |
| applicant to complete construction and to
provide cable | 8 |
| television services within the proposed franchise area, | 9 |
| the
long term economic impact of such additional cable | 10 |
| television system within
the community, and such other | 11 |
| factors as the franchising authority shall
deem | 12 |
| appropriate.
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| (3) Determine, based upon the foregoing factors, | 14 |
| whether it is in the
best interest of the county to grant | 15 |
| such additional cable
television franchise.
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| (4) If the franchising authority shall determine that | 17 |
| it is in the
best
interest
of the county to do so, it may | 18 |
| grant the additional cable
television franchise. Except as | 19 |
| provided in paragraph (5) of this subsection
(e), no such | 20 |
| additional cable television
franchise shall be granted | 21 |
| under terms or conditions more favorable or less
burdensome | 22 |
| to the applicant than those required under the existing | 23 |
| cable
television franchise, including but not limited to | 24 |
| terms and conditions
pertaining to the territorial extent | 25 |
| of the franchise, system design,
technical performance | 26 |
| standards, construction schedules, performance bonds,
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| standards for construction and installation of cable | 28 |
| television facilities,
service to subscribers, public | 29 |
| educational and governmental access channels
and | 30 |
| programming, production assistance, liability and | 31 |
| indemnification, and
franchise fees.
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| (5) Unless the existing cable television franchise | 33 |
| provides that any
additional cable television franchise | 34 |
| shall be subject to the same terms or
substantially |
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| equivalent terms and conditions as those of the existing | 2 |
| cable
television franchise, the franchising authority may | 3 |
| grant an additional cable
television franchise under | 4 |
| different terms and conditions than those of the
existing | 5 |
| franchise, in which event the franchising authority shall | 6 |
| enter into
good faith negotiations with the existing | 7 |
| franchisee and shall, within 120 days
after the effective | 8 |
| date of the additional cable television franchise, modify
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| the existing cable television franchise in a manner and to | 10 |
| the extent necessary
to ensure that neither the existing | 11 |
| cable television franchise nor the
additional cable | 12 |
| television
franchise, each considered in its entirety, | 13 |
| provides a competitive advantage
over the other, provided | 14 |
| that prior to modifying the existing cable television
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| franchise, the franchising authority shall have conducted | 16 |
| a public hearing to
consider the proposed modification.
No | 17 |
| modification in the terms and
conditions of the existing | 18 |
| cable television franchise shall oblige the existing
cable | 19 |
| television franchisee (1) to make any additional payment to | 20 |
| the
franchising authority, including the payment of any | 21 |
| additional franchise fee,
(2) to engage in any
additional | 22 |
| construction of the existing cable television system or, | 23 |
| (3) to
modify the specifications or design of the existing | 24 |
| cable television system;
and the inclusion of the factors | 25 |
| identified in items (2) and (3) shall not be
considered in | 26 |
| determining whether either franchise considered in its | 27 |
| entirety,
has a competitive advantage over the other except | 28 |
| to the extent that the
additional franchisee provides | 29 |
| additional video or data services or the
equipment or | 30 |
| facilities necessary to generate and or carry such service.
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| No modification in the terms and
conditions of the existing | 32 |
| cable television franchise shall be made if the
existing | 33 |
| cable television franchisee elects to continue to operate | 34 |
| under all
terms and conditions of the existing franchise.
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| If within the 120 day period the franchising authority | 2 |
| and the existing
cable television franchisee are unable to | 3 |
| reach agreement on modifications to
the existing cable | 4 |
| television franchise, then the franchising authority shall
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| modify the existing cable television franchise, effective | 6 |
| 45 days thereafter,
in a manner, and only to the extent, | 7 |
| that the terms and conditions of the
existing cable | 8 |
| television franchise shall no longer impose any duty or
| 9 |
| obligation on the existing franchisee which is not also | 10 |
| imposed under the
additional cable television franchise; | 11 |
| however, if by the modification the
existing cable | 12 |
| television franchisee is relieved of duties or obligations | 13 |
| not
imposed under the additional cable television | 14 |
| franchise, then within the same
45
days and following a | 15 |
| public hearing concerning modification of the additional
| 16 |
| cable television franchise within that 45 day period, the | 17 |
| franchising authority
shall modify the additional cable | 18 |
| television franchise to the extent necessary
to insure that | 19 |
| neither the existing cable television franchise nor the
| 20 |
| additional cable television franchise, each considered in | 21 |
| its entirety, shall
have a
competitive advantage over the | 22 |
| other.
| 23 |
| No county shall be subject to suit for damages based upon | 24 |
| the
county's determination to grant or its refusal to grant an | 25 |
| additional cable
television franchise, provided that a
public | 26 |
| hearing as herein provided has been held and the franchising
| 27 |
| authority has determined that it is in the best interest of the
| 28 |
| county to grant or refuse to grant such additional franchise, | 29 |
| as the case
may be.
| 30 |
| It is declared to be the law of this State, pursuant to | 31 |
| paragraphs (h)
and (i) of Section 6 of Article VII of the | 32 |
| Illinois Constitution, that the
establishment of minimum | 33 |
| standards and procedures for the granting of
additional cable | 34 |
| television franchises as provided in this subsection (e)
is an |
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| exclusive State power and function that may not be exercised
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| concurrently by a home rule unit.
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| (f) An existing cable television franchise serving 1,000 or | 4 |
| more customers shall not impose a rate increase unless: | 5 |
| (1) the cable television franchise gives its customers | 6 |
| at least 60 days' notice of the increase; | 7 |
| (2) the county board conducts a public hearing to | 8 |
| determine the need for the rate increase at least 14 days | 9 |
| after the notice is given; and | 10 |
| (3) the cable television franchise includes notice of | 11 |
| the rate increase and public hearing on the customer's | 12 |
| billing statement.
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| The requirements of this subsection do not preempt | 14 |
| conditions included in a franchise agreement between a | 15 |
| county and the business operating a community antenna | 16 |
| television system within the county and outside of a | 17 |
| municipality.
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| (g) An existing cable television franchise serving less | 19 |
| than 1,000 customers shall not impose a rate increase unless | 20 |
| the franchise gives its customers at least 60 days' notice of | 21 |
| the increase.
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| (Source: P.A. 90-14, eff. 7-1-97; 90-285, eff. 7-31-97.)
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| Section 10. The Illinois Municipal Code is amended by | 24 |
| changing Section 11-42-11 as follows:
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| (65 ILCS 5/11-42-11) (from Ch. 24, par. 11-42-11)
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| Sec. 11-42-11. Community antenna television systems; | 27 |
| satellite transmitted
television programming.
| 28 |
| (a) The corporate authorities of each municipality may
| 29 |
| license, franchise and tax the business of operating a | 30 |
| community antenna
television system as hereinafter defined. In | 31 |
| municipalities with less
than 2,000,000 inhabitants, the | 32 |
| corporate authorities may, under the limited
circumstances set |
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| forth in this Section, own (or lease as
lessee) and operate a | 2 |
| community antenna television system; provided that a
| 3 |
| municipality may not acquire,
construct,
own, or operate a | 4 |
| community antenna television system
for the use
or benefit
of | 5 |
| private consumers or users, and may not charge a fee for that | 6 |
| consumption or
use,
unless the proposition to acquire, | 7 |
| construct, own, or operate a cable antenna
television system | 8 |
| has been submitted to and approved by the electors
of the | 9 |
| municipality in accordance with subsection (f).
Before
| 10 |
| acquiring, constructing, or commencing operation of a | 11 |
| community antenna
television system, the municipality shall | 12 |
| comply with the following:
| 13 |
| (1) Give written notice to the owner or operator of any | 14 |
| other
community antenna television system franchised to | 15 |
| serve all or any portion
of the territorial area to be | 16 |
| served by the municipality's community
antenna television | 17 |
| system, specifying the date, time, and place at which
the | 18 |
| municipality shall conduct public hearings to consider and | 19 |
| determine
whether the municipality should acquire, | 20 |
| construct, or commence operation
of a community antenna | 21 |
| television system. The public hearings shall be
conducted | 22 |
| at least 14 days after this notice is given.
| 23 |
| (2) Publish a notice of the hearing in 2 or more | 24 |
| newspapers published
in the county, city, village, | 25 |
| incorporated town, or town, as the case may
be. If there is | 26 |
| no such newspaper, then notice shall be published in any 2
| 27 |
| or more newspapers published in the county and having a | 28 |
| general circulation
throughout the community. The public | 29 |
| hearings shall be conducted at least
14 days after this | 30 |
| notice is given.
| 31 |
| (3) Conduct a public hearing to determine the means by | 32 |
| which
construction, maintenance, and operation of the | 33 |
| system will be financed,
including whether the use of tax | 34 |
| revenues or other fees will be required.
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| (b) The words "community antenna television system" shall | 2 |
| mean any facility
which is constructed in whole or in part in, | 3 |
| on, under or over any highway
or other public place and which | 4 |
| is operated to perform for hire the service
of receiving and | 5 |
| amplifying the signals broadcast by one or more television
| 6 |
| stations and redistributing such signals by wire, cable or | 7 |
| other means to
members of the public who subscribe to such | 8 |
| service; except that such
definition shall not include (i) any | 9 |
| system which serves fewer than fifty
subscribers, or (ii) any | 10 |
| system which serves only the residents of one or
more apartment | 11 |
| dwellings under common ownership, control or management, and
| 12 |
| commercial establishments located on the premises of such | 13 |
| dwellings.
| 14 |
| (c) The authority hereby granted does not include authority | 15 |
| to license,
franchise or tax telephone companies subject to | 16 |
| jurisdiction of the
Illinois Commerce Commission or the Federal | 17 |
| Communications Commission in
connection with the furnishing of | 18 |
| circuits, wires, cables, and other
facilities to the operator | 19 |
| of a community antenna television system.
| 20 |
| The corporate authorities of each municipality may, in the | 21 |
| course of
franchising such community antenna television | 22 |
| system, grant to such franchisee
the authority and the right | 23 |
| and permission to use all public streets, rights
of way, | 24 |
| alleys, ways for public service facilities, parks, | 25 |
| playgrounds,
school grounds, or other public grounds, in which | 26 |
| such municipality may
have an interest, for the construction, | 27 |
| installation, operation, maintenance,
alteration, addition, | 28 |
| extension or improvement of a community antenna
television | 29 |
| system.
| 30 |
| Any charge imposed by a community antenna television system | 31 |
| franchised
pursuant to this Section for the raising or removal | 32 |
| of cables or lines to
permit passage on, to or from a street | 33 |
| shall not exceed the reasonable
costs of work reasonably | 34 |
| necessary to safely permit such passage. Pursuant
to |
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LRB093 18564 MKM 47709 a |
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| subsections (h) and (i) of Section 6 of Article VII of the | 2 |
| Constitution
of the State of Illinois, the General Assembly | 3 |
| declares the regulation of
charges which may be imposed by | 4 |
| community antenna television systems for
the raising or removal | 5 |
| of cables or lines to permit passage on, to or from
streets is | 6 |
| a power or function to be exercised exclusively by the State | 7 |
| and
not to be exercised or performed concurrently with the | 8 |
| State by any unit of
local government, including any home rule | 9 |
| unit.
| 10 |
| The municipality may, upon written request by the | 11 |
| franchisee of a community
antenna television system, exercise | 12 |
| its right of eminent domain
solely for the purpose of granting | 13 |
| an easement right no greater than 8 feet
in width, extending no | 14 |
| greater than 8 feet from any lot line for the purpose
of | 15 |
| extending cable across any parcel of property in the manner | 16 |
| provided
by the law of eminent domain, provided, however, such | 17 |
| franchisee deposits
with the municipality sufficient security | 18 |
| to pay all costs incurred by the
municipality in the exercise | 19 |
| of its right of eminent domain.
| 20 |
| (d) The General Assembly finds and declares that | 21 |
| satellite-transmitted
television programming should be | 22 |
| available to those who desire to subscribe
to such programming | 23 |
| and that decoding devices should be obtainable at
reasonable | 24 |
| prices by those who are unable to obtain satellite-transmitted
| 25 |
| television programming through duly franchised community | 26 |
| antenna television
systems.
| 27 |
| In any instance in which a person is unable to obtain
| 28 |
| satellite-transmitted television programming through a duly | 29 |
| franchised
community antenna television system either because | 30 |
| the municipality and
county in which such person resides has | 31 |
| not granted a franchise to operate
and maintain a community | 32 |
| antenna television system, or because the duly
franchised | 33 |
| community antenna television system operator does not make | 34 |
| cable
television services available to such person, any |
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LRB093 18564 MKM 47709 a |
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| programming company that
delivers satellite-transmitted | 2 |
| television programming in scrambled or
encrypted form shall | 3 |
| ensure that devices for description of such programming
are | 4 |
| made available to such person, through the local community | 5 |
| antenna
television operator or directly, for purchase or lease | 6 |
| at prices reasonably
related to the cost of manufacture and | 7 |
| distribution of such devices.
| 8 |
| (e) The General Assembly finds and declares that, in order | 9 |
| to ensure that
community antenna television services are | 10 |
| provided in an orderly,
competitive and economically sound | 11 |
| manner, the best interests of the public
will be served by the | 12 |
| establishment of certain minimum standards and
procedures for | 13 |
| the granting of additional cable television franchises.
| 14 |
| Subject to the provisions of this subsection, the authority
| 15 |
| granted under subsection (a) hereof shall include the authority | 16 |
| to license,
franchise and tax more than one cable operator to | 17 |
| provide community antenna
television services within the | 18 |
| corporate limits of a single franchising
authority. For | 19 |
| purposes of this subsection (e), the term:
| 20 |
| (i) "Existing cable television franchise" means a | 21 |
| community antenna
television franchise granted by a | 22 |
| municipality which is in use at the time
such municipality | 23 |
| receives an application or request by another cable
| 24 |
| operator for a franchise to provide cable antenna | 25 |
| television services
within all or any portion of the | 26 |
| territorial area which is or may be served
under the | 27 |
| existing cable television franchise.
| 28 |
| (ii) "Additional cable television franchise" means a | 29 |
| franchise pursuant
to which community antenna television | 30 |
| services may be provided within the
territorial areas, or | 31 |
| any portion thereof, which may be served under an
existing | 32 |
| cable television franchise.
| 33 |
| (iii) "Franchising Authority" is defined as that term | 34 |
| is defined under
Section 602(9) of the Cable Communications |
|
|
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09300HB4413ham001 |
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LRB093 18564 MKM 47709 a |
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| 1 |
| Policy Act of 1984, Public Law
98-549, but does not include | 2 |
| any municipality with a population of 1,000,000
or more.
| 3 |
| (iv) "Cable operator" is defined as that term is | 4 |
| defined under Section
602(4) of the Cable Communications | 5 |
| Policy Act of 1984, Public Law 98-549.
| 6 |
| Before granting an additional cable television franchise, | 7 |
| the franchising
authority shall:
| 8 |
| (1) Give written notice to the owner or operator of any | 9 |
| other community
antenna television system franchised to | 10 |
| serve all or any portion of the
territorial area to be | 11 |
| served by such additional cable television
franchise, | 12 |
| identifying the applicant for such additional franchise | 13 |
| and
specifying the date, time and place at which the | 14 |
| franchising authority
shall conduct public hearings to | 15 |
| consider and determine whether such
additional cable | 16 |
| television franchise should be granted.
| 17 |
| (2) Conduct a public hearing to determine the public | 18 |
| need for such
additional cable television franchise, the | 19 |
| capacity of public rights-of-way
to accommodate such | 20 |
| additional community antenna television services, the
| 21 |
| potential disruption to existing users of public | 22 |
| rights-of-way to be used
by such additional franchise | 23 |
| applicant to complete construction and to
provide cable | 24 |
| television services within the proposed franchise area, | 25 |
| the
long term economic impact of such additional cable | 26 |
| television system within
the community, and such other | 27 |
| factors as the franchising authority shall
deem | 28 |
| appropriate.
| 29 |
| (3) Determine, based upon the foregoing factors, | 30 |
| whether it is in the
best interest of the municipality to | 31 |
| grant such additional cable television
franchise.
| 32 |
| (4) If the franchising authority shall determine that | 33 |
| it is in the
best
interest of the municipality to do so, it | 34 |
| may grant the additional cable
television franchise. |
|
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LRB093 18564 MKM 47709 a |
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| 1 |
| Except as provided in paragraph (5) of this subsection
(e), | 2 |
| no such additional cable television
franchise shall be | 3 |
| granted under terms or conditions more favorable or less
| 4 |
| burdensome to the applicant than those required under the | 5 |
| existing cable
television franchise, including but not | 6 |
| limited to terms and conditions
pertaining to the | 7 |
| territorial extent of the franchise, system design,
| 8 |
| technical performance standards, construction schedules, | 9 |
| performance
bonds, standards for construction and | 10 |
| installation of cable television
facilities, service to | 11 |
| subscribers, public educational and governmental
access | 12 |
| channels and programming, production assistance, liability | 13 |
| and
indemnification, and franchise fees.
| 14 |
| (5) Unless the existing cable television franchise | 15 |
| provides that any
additional cable television franchise | 16 |
| shall be subject to the same terms or
substantially | 17 |
| equivalent terms and conditions as those of the existing | 18 |
| cable
television franchise, the franchising authority may | 19 |
| grant an additional cable
television franchise under | 20 |
| different terms and conditions than those of the
existing | 21 |
| franchise, in which event the franchising authority shall | 22 |
| enter into
good faith negotiations with the existing | 23 |
| franchisee and shall, within 120 days
after the effective | 24 |
| date of the additional cable television franchise, modify
| 25 |
| the existing cable television franchise in a manner and to | 26 |
| the extent necessary
to ensure that neither the existing | 27 |
| cable television franchise nor the
additional cable | 28 |
| television
franchise, each considered in its entirety, | 29 |
| provides a competitive advantage
over the other, provided | 30 |
| that prior to modifying the existing cable television
| 31 |
| franchise, the franchising authority shall have conducted | 32 |
| a public hearing to
consider the proposed modification.
No | 33 |
| modification in the terms and
conditions of the existing | 34 |
| cable television franchise shall oblige the existing
cable |
|
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LRB093 18564 MKM 47709 a |
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| 1 |
| television franchisee (1) to make any additional payment to | 2 |
| the
franchising authority, including the payment of any | 3 |
| additional franchise fee,
(2) to engage in any
additional | 4 |
| construction of the existing cable television system or, | 5 |
| (3) to
modify the specifications or design of the existing | 6 |
| cable television system;
and the inclusion of the factors | 7 |
| identified in items (2) and (3) shall not be
considered in | 8 |
| determining whether either franchise considered in its | 9 |
| entirety,
has a competitive advantage over the other except | 10 |
| to the extent that the
additional franchisee provides | 11 |
| additional video or data services or the
equipment or | 12 |
| facilities necessary to generate and or carry such service.
| 13 |
| No modification in the terms and
conditions of the existing | 14 |
| cable television franchise shall be made if the
existing | 15 |
| cable television franchisee elects to continue to operate | 16 |
| under all
terms and conditions of the existing franchise.
| 17 |
| If within the 120 day period the franchising authority | 18 |
| and the existing
cable television franchisee are unable to | 19 |
| reach agreement on modifications to
the existing cable | 20 |
| television franchise, then the franchising authority shall
| 21 |
| modify the existing cable television franchise, effective | 22 |
| 45 days thereafter,
in a manner, and only to the extent, | 23 |
| that the terms and conditions of the
existing cable | 24 |
| television franchise shall no longer impose any duty or
| 25 |
| obligation on the existing franchisee which is not also | 26 |
| imposed under the
additional cable television franchise; | 27 |
| however, if by the modification the
existing cable | 28 |
| television franchisee is relieved of duties or obligations | 29 |
| not
imposed under the additional cable television | 30 |
| franchise, then within the same
45
days and following a | 31 |
| public hearing concerning modification of the additional
| 32 |
| cable television franchise within that 45 day period, the | 33 |
| franchising authority
shall modify the additional cable | 34 |
| television franchise to the extent necessary
to insure that |
|
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LRB093 18564 MKM 47709 a |
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| 1 |
| neither the existing cable television franchise nor the
| 2 |
| additional cable television franchise, each considered in | 3 |
| its entirety, shall
have a
competitive advantage over the | 4 |
| other.
| 5 |
| No municipality shall be subject to suit for damages based | 6 |
| upon the
municipality's determination to grant or its refusal | 7 |
| to grant an additional
cable television franchise, provided | 8 |
| that a
public hearing as herein provided has been held and the | 9 |
| franchising
authority has determined that it is in the best | 10 |
| interest of the
municipality to grant or refuse to grant such | 11 |
| additional franchise, as
the
case may be.
| 12 |
| It is declared to be the law of this State, pursuant to | 13 |
| paragraphs (h)
and (i) of Section 6 of Article VII of the | 14 |
| Illinois Constitution, that the
establishment of minimum | 15 |
| standards and procedures for the granting of
additional cable | 16 |
| television franchises by municipalities with a population
less | 17 |
| than 1,000,000 as provided in this subsection (e) is an | 18 |
| exclusive
State power and function that may not be exercised | 19 |
| concurrently by a home
rule unit.
| 20 |
| (f) No municipality may acquire, construct, own, or operate | 21 |
| a community
antenna
television system
unless the corporate | 22 |
| authorities adopt
an
ordinance. The ordinance must set forth | 23 |
| the action proposed; describe the
plant,
equipment, and | 24 |
| property to be acquired or constructed; and specifically
| 25 |
| describe the
manner in which the construction, acquisition, and | 26 |
| operation of the system
will
be financed.
| 27 |
| The ordinance may not take effect until the question of | 28 |
| acquiring,
construction,
owning, or operating a community | 29 |
| antenna television system
has been
submitted to the electors of | 30 |
| the municipality at a regular election and
approved by a
| 31 |
| majority of the electors voting on the question. The corporate | 32 |
| authorities
must certify the
question to the proper election | 33 |
| authority, which must submit the question at an
election in
| 34 |
| accordance with the Election Code.
|
|
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LRB093 18564 MKM 47709 a |
|
| 1 |
| The question must be submitted in substantially the | 2 |
| following form:
| 3 |
| Shall the ordinance authorizing the municipality to | 4 |
| (insert action
authorized by ordinance) take effect?
| 5 |
| The votes must be recorded as "Yes" or "No".
| 6 |
| If a majority of electors voting on the question vote in | 7 |
| the affirmative, the
ordinance shall take effect.
| 8 |
| Not more than 30 or less than 15 days before the date of | 9 |
| the referendum, the
municipal clerk must publish the ordinance | 10 |
| at least once in one or more
newspapers
published in the | 11 |
| municipality or, if no newspaper is published in the
| 12 |
| municipality, in one
or more newspapers of general circulation | 13 |
| within the municipality.
| 14 |
| (g) An existing cable television franchise serving 1,000 or | 15 |
| more customers shall not impose a rate increase unless: | 16 |
| (1) the cable television franchise gives its customers | 17 |
| at least 60 days' notice of the increase; | 18 |
| (2) the corporate authorities of the municipality | 19 |
| conduct a public hearing to determine the need for the rate | 20 |
| increase at least 14 days after the notice is given; and | 21 |
| (3) the cable television franchise includes notice of | 22 |
| the rate increase and public hearing on the customer's | 23 |
| billing statement.
| 24 |
| The requirements of this subsection do not preempt | 25 |
| conditions included in a franchise agreement between the | 26 |
| corporate authorities of a municipality and the business | 27 |
| operating a community antenna television system within the | 28 |
| municipality.
| 29 |
| (h) An existing cable television franchise serving less | 30 |
| than 1,000 customers shall not impose a rate increase unless | 31 |
| the franchise gives its customers at least 60 days' notice of | 32 |
| the increase.
| 33 |
| (Source: P.A. 90-285, eff. 7-31-97; 91-648, eff. 1-1-00.)
|
|
|
|
09300HB4413ham001 |
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LRB093 18564 MKM 47709 a |
|
| 1 |
| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
|
|