Full Text of HB1442 95th General Assembly
HB1442 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1442
Introduced 2/21/2007, by Rep. Susana A Mendoza SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/5-1096 |
from Ch. 34, par. 5-1096 |
65 ILCS 5/11-42-11.1 |
from Ch. 24, par. 11-42-11.1 |
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Amends the Counties Code and the Municipal Code. Makes a technical change in a Section of the Counties Code concerning cable television service. Makes a technical change in a Section of the Municipal Code concerning cable television service. Effective immediately.
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A BILL FOR
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HB1442 |
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LRB095 05034 HLH 25102 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing Section | 5 |
| 5-1096 as follows:
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| (55 ILCS 5/5-1096) (from Ch. 34, par. 5-1096)
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| Sec. 5-1096. Community antenna television systems; | 8 |
| interference with
and payment for access.
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| (a) In any instance in which a county has granted
a | 10 |
| franchise to any community antenna television company to | 11 |
| construct,
operate or maintain a cable television system within | 12 |
| a designated franchise
area, no property owner, condominium | 13 |
| association, managing agent, lessee or
other person in | 14 |
| possession or control of any residential building located
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| within such designated franchise area shall forbid or prevent | 16 |
| any occupant,
tenant or lessee of any such building from | 17 |
| receiving cable television
service from such franchisee, nor | 18 |
| demand or accept payment from any such
occupant, tenant or | 19 |
| lessee in any form as a condition of permitting the
the
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| installation of cable television facilities or the maintenance | 21 |
| of cable
television service in any such building or any portion | 22 |
| thereof occupied or
leased by such occupant, tenant or lessee, | 23 |
| nor shall any such property
owner, condominium association, |
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LRB095 05034 HLH 25102 b |
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| managing agent, lessee or other person
discriminate in rental | 2 |
| charges or otherwise against any occupant, tenant or
lessee | 3 |
| receiving cable service; provided, however, that the owner of | 4 |
| such
building may require, in exchange and as compensation for | 5 |
| permitting the
installation of cable television facilities | 6 |
| within and upon such building,
the payment of just compensation | 7 |
| to be paid by the cable television
franchisee which provides | 8 |
| such cable television service, said sum to be
determined in | 9 |
| accordance with the provisions of subparagraphs (c) and (d)
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| hereof, and provided further that the cable television | 11 |
| franchisee
installing such cable television facilities shall | 12 |
| agree to indemnify the
owner of such building for any damage | 13 |
| caused by the installation, operation
or removal of such cable | 14 |
| television facilities and service.
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| No community antenna television company shall install | 16 |
| cable television
facilities within a residential building | 17 |
| pursuant to this subparagraph (a)
unless an occupant, tenant or | 18 |
| lessee of such residential building requests
the delivery of | 19 |
| cable television services.
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| (b) In any instance in which a county has granted a | 21 |
| franchise to any
community antenna television company to | 22 |
| construct, operate or maintain a
cable television system within | 23 |
| a designated franchise area, no property
owner, condominium | 24 |
| association, managing agent, lessee or other person in
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| possession and control of any improved or unimproved real | 26 |
| estate located
within such designated franchise area shall |
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| forbid or prevent such cable
television franchisee from | 2 |
| entering upon such real estate for the purpose
of and in | 3 |
| connection with the construction or installation of such cable
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| television system and cable television facilities, nor shall | 5 |
| any such
property owner, condominium association, managing | 6 |
| agent, lessee or other
person in possession or control of such | 7 |
| real estate forbid or prevent such
cable television franchisee | 8 |
| from constructing or installing upon, beneath
or over such real | 9 |
| estate, including any buildings or other structures
located | 10 |
| thereon, hardware, cable, equipment, materials or other cable
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| television facilities utilized by such cable franchisee in the | 12 |
| construction
and installation of such cable television system; | 13 |
| provided, however, that
the owner of any such real estate may | 14 |
| require, in exchange and as
compensation for permitting the | 15 |
| construction or installation of cable
television facilities | 16 |
| upon, beneath or over such real estate, the payment
of just | 17 |
| compensation by the cable television franchisee which provides | 18 |
| such
cable television service, said sum to be determined in | 19 |
| accordance with the
provisions of subparagraphs (c) and (d) | 20 |
| hereof, and provided further that
the cable television | 21 |
| franchisee constructing or installing such cable
television | 22 |
| facilities shall agree to indemnify the owner of such real
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| estate for any damage caused by the installation, operation or | 24 |
| removal of
such cable television facilities and service.
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| (c) In any instance in which the owner of a residential | 26 |
| building or the
owner of improved or unimproved real estate |
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| intends to require the payment of
just compensation in excess | 2 |
| of $1 in exchange for permitting the installation
of cable | 3 |
| television facilities in and upon such building, or upon, | 4 |
| beneath
or over such real estate, the owner shall serve written | 5 |
| notice thereof upon
the cable television franchisee. Any such | 6 |
| notice shall be served within
20 days of the date on which such | 7 |
| owner is notified of the cable television
franchisee's | 8 |
| intention to construct or install cable television facilities
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| in and upon such building, or upon, beneath or over such real | 10 |
| estate. Unless
timely notice as herein provided is given by the | 11 |
| owner to the cable television
franchisee, it will be | 12 |
| conclusively presumed that the owner of any such
building or | 13 |
| real estate does not claim or intend to require a payment of
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| more than $1 in exchange and as just compensation for | 15 |
| permitting the
installation of cable television facilities | 16 |
| within and upon such building,
or upon, beneath or over such | 17 |
| real estate. In any instance in which a cable
television | 18 |
| franchisee intends to install cable television facilities as
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| herein provided, written notice of such intention shall be sent | 20 |
| by the
cable television franchisee to the property owner or to | 21 |
| such person,
association or managing agent as shall have been | 22 |
| appointed or otherwise
designated to manage or operate the | 23 |
| property. Such notice shall include
the address of the | 24 |
| property, the name of the cable television franchisee,
and | 25 |
| information as to the time within which the owner may give | 26 |
| notice,
demand payment as just compensation and initiate legal |
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| proceedings as
provided in this subparagraph (c) and | 2 |
| subparagraph (d).
In any instance in which a community antenna | 3 |
| television company intends to
install
cable television | 4 |
| facilities within a residential building containing 12 or more
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| residential units or upon, beneath, or over real estate that is | 6 |
| used as a site
for 12 or
more manufactured housing units,
12 or | 7 |
| more mobile homes,
or a combination of 12 or more
manufactured | 8 |
| housing units and mobile homes, the written notice shall | 9 |
| further
provide that
the
property owner may require that the | 10 |
| community antenna television company submit
to the owner | 11 |
| written plans identifying the manner in which cable television
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| facilities
are to be installed, including the proposed location | 13 |
| of coaxial cable.
Approval
of
those plans by the property owner | 14 |
| shall not be unreasonably withheld and the
owners' consent to | 15 |
| and approval of those plans shall be presumed unless, within
30
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| days after receipt thereof, or in the case of a condominium | 17 |
| association, 90
days
after receipt thereof, the property owner | 18 |
| identifies in writing the specific
manner in
which those plans | 19 |
| deviate from generally accepted construction or safety
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| standards,
and unless the property owner contemporaneously | 21 |
| submits an alternative
construction plan providing for the | 22 |
| installation of cable television facilities
in an
economically | 23 |
| feasible manner. The community antenna television company may
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| proceed with the plans originally submitted if an alternative | 25 |
| plan is not
submitted by
the property owner within 30 days, or | 26 |
| in the case of a condominium association,
90
days, or if an |
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| alternative plan submitted by the property owner fails to | 2 |
| comply
with
generally accepted construction and safety | 3 |
| standards or does not provide for
the installation of cable | 4 |
| television facilities in an economically feasible
manner.
For | 5 |
| purposes of this subsection, "mobile home" and "manufactured | 6 |
| housing unit"
have
the same meaning as in the Illinois | 7 |
| Manufactured Housing and Mobile Home Safety
Act.
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| (d) Any owner of a residential building described in | 9 |
| subparagraph (a),
and any owner of improved or unimproved real | 10 |
| estate described in subparagraph
(b), who shall have given | 11 |
| timely written notice to the cable television
franchisee as | 12 |
| provided in subparagraph (c), may assert a claim for just
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| compensation in excess of $1 for permitting the installation of | 14 |
| cable
television facilities within and upon such building, or | 15 |
| upon, beneath or
over such real estate. Within 30 days after | 16 |
| notice has been given in
accordance with subparagraph (c), the | 17 |
| owner shall advise the cable
television franchisee in writing | 18 |
| of the amount claimed as just compensation.
If within
60 days | 19 |
| after the receipt of the owner's claim, the cable television | 20 |
| franchisee
has not agreed to pay the amount claimed or some | 21 |
| other amount acceptable
to the owner, the owner may bring suit | 22 |
| to enforce such claim for just
compensation in any court of | 23 |
| competent jurisdiction and, upon timely demand,
may require | 24 |
| that the amount of just compensation be determined by a jury.
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| Any such action shall be commenced within 6 months of the | 26 |
| notice given by
the cable television franchisee pursuant to |
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| subparagraph (c) hereof. In
any action brought to determine | 2 |
| such amount, the owner may submit evidence
of a decrease in the | 3 |
| fair market value of the property occasioned by the
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| installation or location of the cable on the property, that the
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| owner has a specific alternative use for the space occupied by | 6 |
| cable television
facilities, the loss of which will result in a | 7 |
| monetary loss to the owner,
or that installation of cable | 8 |
| television facilities within and upon such
building or upon, | 9 |
| beneath or over such real estate otherwise substantially
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| interferes with the use and occupancy of such building to an | 11 |
| extent which
causes a decrease in the fair market value of such | 12 |
| building or real estate.
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| (e) Neither the giving of a notice by the owner under | 14 |
| subparagraph (c),
nor the assertion of a specific claim, nor | 15 |
| the initiation of legal action
to enforce such claim, as | 16 |
| provided under subparagraph (d), shall delay or
impair the | 17 |
| right of the cable television franchisee to construct or | 18 |
| install
cable television facilities and maintain cable | 19 |
| television services within
or upon any building described in | 20 |
| subparagraph (a) or upon, beneath or over
real estate described | 21 |
| in subparagraph (b).
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| (f) Notwithstanding the foregoing, no community antenna | 23 |
| television company
shall enter upon any real estate or rights | 24 |
| of way in the possession or control
of any public utility, | 25 |
| railroad or owner or operator of an oil, petroleum
product, | 26 |
| chemical or gas pipeline to install or remove cable television
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| facilities or to provide underground maintenance or repair | 2 |
| services with
respect thereto, prior to delivery to the public | 3 |
| utility, railroad or pipeline
owner or operator of written | 4 |
| notice of intent to enter, install, maintain
or remove. No | 5 |
| entry shall be made until at least 15 business days after
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| receipt of such written notice. Such written notice, which | 7 |
| shall be delivered
to the registered agent of such public | 8 |
| utility, railroad or pipeline owner
or operator shall include | 9 |
| the following information:
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| (i) The date of the proposed installation, | 11 |
| maintenance, repair
or removal and projected length of time | 12 |
| required to complete such installation,
maintenance, | 13 |
| repair or removal;
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| (ii) The manner and method of such installation, | 15 |
| maintenance, repair or
removal;
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| (iii) The location of the proposed entry and path of | 17 |
| cable television
facilities proposed to be placed, | 18 |
| repaired, maintained or removed upon the
real estate or | 19 |
| right of way; and
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| (iv) The written agreement of the community antenna | 21 |
| television company
to indemnify and hold harmless such | 22 |
| public utility, railroad or pipeline
owner or operator from | 23 |
| the costs of any damages directly or indirectly
caused by | 24 |
| the installation, maintenance, repair, operation, or | 25 |
| removal of
cable television facilities. Upon request of the | 26 |
| public utility, railroad,
or owner or operator of an oil, |
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| petroleum product, chemical or gas
pipeline, the community | 2 |
| antenna television company shall provide proof that
it has | 3 |
| purchased and will maintain a policy or policies of | 4 |
| insurance in
amounts sufficient to provide coverage for | 5 |
| personal injury and property
damage losses caused by or | 6 |
| resulting from the installation, maintenance,
repair or | 7 |
| removal of cable television facilities. The written | 8 |
| agreement
shall provide that the community antenna | 9 |
| television company shall maintain
such policies of | 10 |
| insurance in full force and effect as long as cable
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| television facilities remain on the real estate or right of | 12 |
| way.
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| Within 15 business days of receipt of the written prior | 14 |
| notice of entry
the public utility, railroad or pipeline owner | 15 |
| or operator shall investigate
and determine whether or not the | 16 |
| proposed entry and installation or repair,
maintenance, or | 17 |
| removal would create a dangerous condition threatening the
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| safety of the public or the safety of its employees or | 19 |
| threatening to cause
an interruption of the furnishing of vital | 20 |
| transportation, utility or pipeline
services and upon so | 21 |
| finding shall so notify the community antenna television
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| company of such decision in writing. Initial determination of | 23 |
| the existence
of such a dangerous condition or interruption of | 24 |
| services shall be made
by the public utility, railroad or | 25 |
| pipeline owner or operator whose real
estate or right of way is | 26 |
| involved. In the event that the community antenna
television |
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| company disagrees with such determination, a determination of
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| whether such entry and installation, maintenance, repair or | 3 |
| removal would
create such a dangerous condition or interrupt | 4 |
| services shall be made by
a court of competent jurisdiction | 5 |
| upon the application of such community
antenna television | 6 |
| company. An initial written determination of a public
utility, | 7 |
| railroad, or pipeline owner or operator timely made and | 8 |
| transmitted
to the community antenna television company, in the | 9 |
| absence of a determination
by a court of competent jurisdiction | 10 |
| finding to the contrary, bars the entry of
the community | 11 |
| antenna television company upon the real estate or right of
way | 12 |
| for any purpose.
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| Any public utility, railroad or pipeline owner or operator | 14 |
| may assert
a written claim against any community antenna | 15 |
| television company for just
compensation within 30 days after | 16 |
| written notice has been given in accordance
with this | 17 |
| subparagraph (f). If, within 60 days after the receipt of such
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| claim for compensation, the community antenna television | 19 |
| company has not
agreed to the amount claimed or some other | 20 |
| amount acceptable to the public
utility, railroad or pipeline | 21 |
| owner or operator, the public utility, railroad
or pipeline | 22 |
| owner or operator may bring suit to enforce such claim for just
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| compensation in any court of competent jurisdiction and, upon | 24 |
| timely demand,
may require that the amount of just compensation | 25 |
| be determined by a jury.
Any such action shall be commenced | 26 |
| within 6 months of the notice provided
for in this subparagraph |
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| (f). In any action brought to determine such just
compensation, | 2 |
| the public utility, railroad or pipeline owner or operator
may | 3 |
| submit such evidence as may be relevant to the issue of just | 4 |
| compensation.
Neither the assertion of a claim for compensation | 5 |
| nor the initiation of
legal action to enforce such claim shall | 6 |
| delay or impair the right of the
community antenna television | 7 |
| company to construct or install cable television
facilities | 8 |
| upon any real estate or rights of way of any public utility,
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| railroad or pipeline owner or operator.
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| To the extent that the public utility, railroad, or owner | 11 |
| or operator
of an oil, petroleum product, chemical or gas | 12 |
| pipeline deems it appropriate
to supervise, monitor or | 13 |
| otherwise assist the community antenna television
company in | 14 |
| connection with the installation, maintenance, repair or | 15 |
| removal
of cable television facilities upon such real estate or | 16 |
| rights of way, the
community antenna television company shall | 17 |
| reimburse the public utility,
railroad or owner or operator of | 18 |
| an oil, petroleum product, chemical or gas
pipeline for costs | 19 |
| reasonable and actually incurred in connection therewith.
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| The provisions of this subparagraph (f) shall not be | 21 |
| applicable to any
easements, rights of way or ways for public | 22 |
| service facilities in which
public utilities, other than | 23 |
| railroads, have any interest pursuant to "an
Act to revise the | 24 |
| law in relation to plats" approved March 21, 1874, and
all | 25 |
| ordinances enacted pursuant thereto. Such easements, rights of | 26 |
| way
and ways for public service facilities are hereby declared |
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| to be apportionable
and upon written request by a community | 2 |
| antenna television company, public
utilities shall make such | 3 |
| easements, rights of way and ways for public service
facilities | 4 |
| available for the construction, maintenance, repair or removal | 5 |
| of
cable television facilities provided that such | 6 |
| construction, maintenance,
repair or removal does not create a | 7 |
| dangerous condition threatening the safety
of the public or the | 8 |
| safety of such public utility employees or threatening
to cause | 9 |
| an interruption of the furnishing of vital utility service. | 10 |
| Initial
determination of the existence of such a dangerous | 11 |
| condition or interruption
of services shall be made by the | 12 |
| public utility whose easement, right of
way or way for public | 13 |
| service facility is involved. In the event the community
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| antenna television company disagrees with such determination, | 15 |
| a determination
of whether such construction, maintenance, | 16 |
| repair or removal would create
such a dangerous condition or | 17 |
| threaten to interrupt vital utility services,
shall be made by | 18 |
| a court of competent jurisdiction upon the application
of such | 19 |
| community antenna television company.
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| If a county notifies or a county requires a developer to | 21 |
| notify a public
utility
before or after issuing a permit or | 22 |
| other authorization for the construction of
residential
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| buildings, then the county or developer shall, at the same | 24 |
| time, similarly
notify any
community antenna television system | 25 |
| franchised by or within that county.
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| In addition to such other notices as may be required by |
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| this subparagraph
(f), a community antenna television company | 2 |
| shall not enter upon the real
estate or rights of way of any | 3 |
| public utility, railroad or pipeline owner
or operator for the | 4 |
| purposes of above-ground maintenance or repair of its
| 5 |
| television cable facilities without giving 96 hours prior | 6 |
| written notice
to the registered agent of the public utility, | 7 |
| railroad or pipeline owner
or operator involved, or in the case | 8 |
| of a public utility, notice may be
given through the statewide | 9 |
| one-call notice system provided for by General
Order of the | 10 |
| Illinois Commerce Commission or, if in Chicago, through the
| 11 |
| system known as the Chicago Utility Alert Network.
| 12 |
| (Source: P.A. 93-219, eff. 1-1-04.)
| 13 |
| Section 10. The Illinois Municipal Code is amended by | 14 |
| changing Section 11-42-11.1 as follows:
| 15 |
| (65 ILCS 5/11-42-11.1) (from Ch. 24, par. 11-42-11.1)
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| Sec. 11-42-11.1. (a) In any instance in which a | 17 |
| municipality has (i)
granted a franchise to any community | 18 |
| antenna television company or (ii)
decided for the municipality | 19 |
| itself to construct, operate or maintain a
cable television | 20 |
| system within a designated area, no property owner,
condominium | 21 |
| association, managing agent, lessee or other person in
| 22 |
| possession or control of any residential building located | 23 |
| within the
designated area shall forbid or prevent any | 24 |
| occupant, tenant or lessee of
any such building from receiving |
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| cable television service from such
franchisee or municipality, | 2 |
| nor demand or accept payment from any such
occupant, tenant or | 3 |
| lessee in any form as a condition of permitting the
| 4 |
| installation of cable television facilities or the
the
| 5 |
| maintenance of cable
television service in any such building or | 6 |
| any portion thereof occupied or
leased by such occupant, tenant | 7 |
| or lessee, nor shall any such property
owner, condominium | 8 |
| association, managing agent, lessee or other person
| 9 |
| discriminate in rental charges or otherwise against any | 10 |
| occupant, tenant or
lessee receiving cable service; provided, | 11 |
| however, that the owner of such
building may require, in | 12 |
| exchange and as compensation for permitting the
installation of | 13 |
| cable television facilities within and upon such building,
the | 14 |
| payment of just compensation by the cable television franchisee | 15 |
| which
provides such cable television service, said sum to be | 16 |
| determined in
accordance with the provisions of subparagraphs | 17 |
| (c) and (d) hereof, and
provided further that the cable | 18 |
| television franchisee installing such cable
television | 19 |
| facilities shall agree to indemnify the owner of such building
| 20 |
| for any damage caused by the installation, operation or removal | 21 |
| of such
cable television facilities and service.
| 22 |
| No community antenna television company shall install | 23 |
| cable television
facilities within a residential building | 24 |
| pursuant to this subparagraph (a)
unless an occupant, tenant or | 25 |
| lessee of such residential building requests
the delivery of | 26 |
| cable television services.
In any instance in which a request |
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| for service is made by more than 3
occupants, tenants or | 2 |
| lessees of a residential building, the community
antenna | 3 |
| television company may install cable television facilities
| 4 |
| throughout the building in a manner which enables the community | 5 |
| antenna
television company to provide cable television | 6 |
| services to occupants,
tenants or lessees of other residential | 7 |
| units without requiring the
installation of additional cable | 8 |
| television facilities other than within
the residential units | 9 |
| occupied by such other occupants, tenants or lessees.
| 10 |
| (b) In any instance in which a municipality has (i) granted | 11 |
| a franchise
to any community antenna television company or (ii) | 12 |
| decided for the
municipality itself to construct, operate or | 13 |
| maintain a cable television
system within a designated area, no | 14 |
| property owner, condominium
association, managing agent, | 15 |
| lessee or other person in possession and
control of any | 16 |
| improved or unimproved real estate located within such
| 17 |
| designated area shall forbid or prevent such cable television | 18 |
| franchisee or
municipality from entering upon such real estate | 19 |
| for the purpose of and in
connection with the construction or | 20 |
| installation of such cable television
system and cable | 21 |
| television facilities, nor shall any such property owner,
| 22 |
| condominium association, managing agent, lessee or other | 23 |
| person in
possession or control of such real estate forbid or | 24 |
| prevent such cable
television franchisee or municipality from | 25 |
| constructing or installing upon,
beneath or over such real | 26 |
| estate, including any buildings or other
structures located |
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LRB095 05034 HLH 25102 b |
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| thereon, hardware, cable, equipment, materials or other
cable | 2 |
| television facilities utilized by such cable franchisee
or | 3 |
| municipality in the construction and installation of such cable
| 4 |
| television system; provided, however, that the owner of any | 5 |
| such real
estate may require, in exchange and as compensation | 6 |
| for permitting the
construction or installation of cable | 7 |
| television facilities upon, beneath
or over such real estate, | 8 |
| the payment of just compensation by the cable
television | 9 |
| franchisee which provides such cable television service, said
| 10 |
| sum to be determined in accordance with the provisions of | 11 |
| subparagraphs (c)
and (d) hereof, and provided further that the | 12 |
| cable television franchisee
constructing or installing such | 13 |
| cable television facilities shall agree to
indemnify the owner | 14 |
| of such real estate for any damage caused by the
installation, | 15 |
| operation or removal of such cable television facilities
and | 16 |
| service.
| 17 |
| (c) In any instance in which the owner of a residential | 18 |
| building or the
owner of improved or unimproved real estate | 19 |
| intends to require the payment of
just compensation in excess | 20 |
| of $1 in exchange for permitting the installation
of cable | 21 |
| television facilities in and upon such building, or upon, | 22 |
| beneath
or over such real estate, the owner shall serve written | 23 |
| notice thereof upon
the cable television franchisee. Any such | 24 |
| notice shall be served within
20 days of the date on which such | 25 |
| owner is notified of the cable television
franchisee's | 26 |
| intention to construct or install cable television facilities
|
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| 1 |
| in and upon such building, or upon, beneath or over such real | 2 |
| estate. Unless
timely notice as herein provided is given by the | 3 |
| owner to the cable television
franchisee, it will be | 4 |
| conclusively presumed that the owner of any such
building or | 5 |
| real estate does not claim or intend to require a payment of | 6 |
| more
than $1 in exchange and as just compensation for | 7 |
| permitting the installation
of cable television facilities | 8 |
| within and upon such building, or upon, beneath
or over such | 9 |
| real estate. In any instance in which a cable television
| 10 |
| franchisee intends to install cable television facilities as | 11 |
| herein
provided, written notice of such intention shall be sent | 12 |
| by the cable
television franchisee to the property owner or to | 13 |
| such person, association
or managing agent as shall have been | 14 |
| appointed or otherwise designated to
manage or operate the | 15 |
| property. Such notice shall include the address of
the | 16 |
| property, the name of the cable television franchisee, and | 17 |
| information
as to the time within which the owner may give | 18 |
| notice, demand payment as
just compensation and initiate legal | 19 |
| proceedings as provided in this
subparagraph (c) and | 20 |
| subparagraph (d). In any instance in which a community
antenna | 21 |
| television company intends to install cable television | 22 |
| facilities
within a residential building containing 12 or more | 23 |
| residential units
or upon, beneath, or over real estate that is | 24 |
| used as a site for 12 or more
manufactured housing units,
12 or | 25 |
| more mobile homes,
or a combination of 12 or more
manufactured | 26 |
| housing units and mobile homes, the
written notice shall |
|
|
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HB1442 |
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LRB095 05034 HLH 25102 b |
|
| 1 |
| further provide that the property owner may require
that the | 2 |
| community antenna television company submit to the owner | 3 |
| written
plans identifying the manner in which cable television | 4 |
| facilities are to be
installed, including the proposed location | 5 |
| of coaxial cable. Approval of
such plans by the property owner | 6 |
| shall not be unreasonably withheld and
such owners' consent to | 7 |
| and approval of such plans shall be presumed
unless, within 30 | 8 |
| days after receipt thereof, or in the case of a
condominium | 9 |
| association, 90 days after receipt thereof, the property owner
| 10 |
| identifies in writing the specific manner in which such plans | 11 |
| deviate from
generally accepted construction or safety | 12 |
| standards, and unless the
property owner contemporaneously | 13 |
| submits an alternative construction plan
providing for the | 14 |
| installation of cable television facilities in an
economically | 15 |
| feasible manner. The community antenna television company may
| 16 |
| proceed with the plans originally submitted if an alternative | 17 |
| plan is not
submitted by the property owner within 30 days, or | 18 |
| in the case of a
condominium association, 90 days, or if an | 19 |
| alternative plan submitted by
the property owner fails to | 20 |
| comply with generally accepted construction and
safety | 21 |
| standards or does not provide for the installation of cable
| 22 |
| television facilities in an economically feasible manner.
For | 23 |
| purposes of this subsection, "mobile home" and "manufactured | 24 |
| housing
unit" have
the same meaning as in the Illinois | 25 |
| Manufactured Housing and Mobile Home Safety
Act.
| 26 |
| (d) Any owner of a residential building described in |
|
|
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HB1442 |
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LRB095 05034 HLH 25102 b |
|
| 1 |
| subparagraph (a),
and any owner of improved or unimproved real | 2 |
| estate described in subparagraph
(b), who shall have given | 3 |
| timely written notice to the cable television
franchisee as | 4 |
| provided in subparagraph (c), may assert a claim for just
| 5 |
| compensation in excess of $1 for permitting the installation of | 6 |
| cable
television facilities within and upon such building, or | 7 |
| upon, beneath or
over such real estate. Within 30 days after | 8 |
| notice has been given in
accordance with subparagraph (c), the | 9 |
| owner shall advise the cable
television franchisee in writing | 10 |
| of the amount claimed as just
compensation. If within 60 days | 11 |
| after the receipt of the owner's claim,
the cable television | 12 |
| franchisee has not agreed to pay the amount claimed or
some | 13 |
| other amount acceptable to the owner, the owner may bring suit | 14 |
| to
enforce such claim for just compensation in any court of | 15 |
| competent
jurisdiction and, upon timely demand, may require | 16 |
| that the amount of just
compensation be determined by a jury. | 17 |
| Any such action shall be commenced
within 6 months of the | 18 |
| notice given by the cable television franchisee
pursuant to | 19 |
| subparagraph (c) hereof. In any action brought to determine
| 20 |
| such amount, the owner may submit evidence of a decrease in the | 21 |
| fair market
value of the property occasioned by the | 22 |
| installation or location of the
cable on the property, that the | 23 |
| owner has a specific alternative use for
the space occupied by | 24 |
| cable television facilities, the loss of which will
result in a | 25 |
| monetary loss to the owner, or that installation of cable
| 26 |
| television facilities within and upon such building or upon, |
|
|
|
HB1442 |
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LRB095 05034 HLH 25102 b |
|
| 1 |
| beneath or
over such real estate otherwise substantially | 2 |
| interferes with the use and
occupancy of such building to an | 3 |
| extent which causes a decrease in the fair
market value of such | 4 |
| building or real estate.
| 5 |
| (e) Neither the giving of a notice by the owner under | 6 |
| subparagraph
(c), nor the assertion of a specific claim, nor | 7 |
| the initiation of legal
action to enforce such claim, as | 8 |
| provided under subparagraph (d), shall
delay or impair the | 9 |
| right of the cable television franchisee to construct
or | 10 |
| install cable television facilities and maintain cable | 11 |
| television
services within or upon any building described in | 12 |
| subparagraph (a) or upon,
beneath or over real estate described | 13 |
| in subparagraph (b).
| 14 |
| (f) Notwithstanding the foregoing, no community antenna | 15 |
| television
company or municipality shall enter upon any real | 16 |
| estate or rights of way
in the possession or control of any | 17 |
| public utility, railroad or owner or
operator of an oil, | 18 |
| petroleum product, chemical or gas pipeline to install
or | 19 |
| remove cable television facilities or to provide underground | 20 |
| maintenance
or repair services with respect thereto, prior to | 21 |
| delivery to the public
utility, railroad or pipeline owner or | 22 |
| operator of written notice of intent
to enter, install, | 23 |
| maintain or remove. No entry shall be made until at
least 15 | 24 |
| business days after receipt of such written notice. Such | 25 |
| written
notice, which shall be delivered to the registered | 26 |
| agent of such public
utility, railroad or pipeline owner or |
|
|
|
HB1442 |
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LRB095 05034 HLH 25102 b |
|
| 1 |
| operator shall include the following
information:
| 2 |
| (i) The date of the proposed installation, | 3 |
| maintenance, repair or
removal and projected length of time | 4 |
| required to complete such
installation, maintenance, | 5 |
| repair or removal;
| 6 |
| (ii) The manner and method of such installation, | 7 |
| maintenance,
repair or removal;
| 8 |
| (iii) The location of the proposed entry and path of | 9 |
| cable television
facilities proposed to be placed, | 10 |
| repaired, maintained or removed upon the
real estate or | 11 |
| right of way; and
| 12 |
| (iv) The written agreement of the community antenna | 13 |
| television company
to indemnify and hold harmless such | 14 |
| public utility, railroad or pipeline
owner or operator from | 15 |
| the costs of any damages directly or indirectly
caused by | 16 |
| the installation, maintenance, repair, operation, or | 17 |
| removal of
cable television facilities. Upon request of the | 18 |
| public utility, railroad,
or owner or operator of an oil, | 19 |
| petroleum product, chemical or gas
pipeline, the community | 20 |
| antenna television company shall provide proof that
it has | 21 |
| purchased and will maintain a policy or policies of | 22 |
| insurance in
amounts sufficient to provide coverage for | 23 |
| personal injury and property
damage losses caused by or | 24 |
| resulting from the installation, maintenance,
repair or | 25 |
| removal of cable television facilities. The written | 26 |
| agreement
shall provide that the community antenna |
|
|
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HB1442 |
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LRB095 05034 HLH 25102 b |
|
| 1 |
| television company shall maintain
such policies of | 2 |
| insurance in full force and effect as long as cable
| 3 |
| television facilities remain on the real estate or right of | 4 |
| way.
| 5 |
| Within 15 business days of receipt of the written prior | 6 |
| notice of entry
the public utility, railroad or pipeline owner | 7 |
| or operator shall investigate
and determine whether or not the | 8 |
| proposed entry and installation or repair,
maintenance, or | 9 |
| removal would create a dangerous condition threatening the
| 10 |
| safety of the public or the safety of its employees or | 11 |
| threatening to cause
an interruption of the furnishing of vital | 12 |
| transportation, utility or pipeline
services and upon so | 13 |
| finding shall so notify the community antenna television
| 14 |
| company or municipality of such decision in writing. Initial | 15 |
| determination
of the existence of such a dangerous condition or | 16 |
| interruption of services
shall be made by the public utility, | 17 |
| railroad or pipeline owner or operator
whose real estate or | 18 |
| right of way is involved. In the event that the
community | 19 |
| antenna television company or municipality disagrees with such
| 20 |
| determination, a determination of whether such entry and | 21 |
| installation,
maintenance, repair or removal would create such | 22 |
| a dangerous condition or
interrupt services shall be made by a | 23 |
| court of competent jurisdiction upon
the application of such | 24 |
| community antenna television company or
municipality. An | 25 |
| initial written determination of a public utility,
railroad, or | 26 |
| pipeline owner or operator timely made and transmitted to the
|
|
|
|
HB1442 |
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LRB095 05034 HLH 25102 b |
|
| 1 |
| community antenna television company or municipality, in the | 2 |
| absence of a
determination by a court of competent jurisdiction | 3 |
| finding to the contrary,
bars the entry of the community | 4 |
| antenna television company or municipality
upon the real estate | 5 |
| or right of way for any purpose.
| 6 |
| Any public utility, railroad or pipeline owner or operator | 7 |
| may assert
a written claim against any community antenna | 8 |
| television company for just
compensation within 30 days after | 9 |
| written notice has been given in accordance
with this | 10 |
| subparagraph (f). If, within 60 days after the receipt of such
| 11 |
| claim for compensation, the community antenna television | 12 |
| company has not
agreed to the amount claimed or some other | 13 |
| amount acceptable to the public
utility, railroad or pipeline | 14 |
| owner or operator, the public utility, railroad
or pipeline | 15 |
| owner or operator may bring suit to enforce such claim for just
| 16 |
| compensation in any court of competent jurisdiction and, upon | 17 |
| timely demand,
may require that the amount of just compensation | 18 |
| be determined by a jury.
Any such action shall be commenced | 19 |
| within 6 months of the notice provided
for in this subparagraph | 20 |
| (f). In any action brought to determine such just
compensation, | 21 |
| the public utility, railroad or pipeline owner or operator
may | 22 |
| submit such evidence as may be relevant to the issue of just | 23 |
| compensation.
Neither the assertion of a claim for compensation | 24 |
| nor the initiation of
legal action to enforce such claim shall | 25 |
| delay or impair the right of the
community antenna television | 26 |
| company to construct or install cable television
facilities |
|
|
|
HB1442 |
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LRB095 05034 HLH 25102 b |
|
| 1 |
| upon any real estate or rights of way of any public utility,
| 2 |
| railroad or pipeline owner or operator.
| 3 |
| To the extent that the public utility, railroad, or owner | 4 |
| or operator
of an oil, petroleum product, chemical or gas | 5 |
| pipeline deems it appropriate
to supervise, monitor or | 6 |
| otherwise assist the community antenna television
company in | 7 |
| connection with the installation, maintenance, repair or | 8 |
| removal
of cable television facilities upon such real estate or | 9 |
| rights of way, the
community antenna television company shall | 10 |
| reimburse the public utility,
railroad or owner or operator of | 11 |
| an oil, petroleum product, chemical or gas
pipeline for costs | 12 |
| reasonable and actually incurred in connection therewith.
| 13 |
| The provisions of this subparagraph (f) shall not be | 14 |
| applicable to any
easements, rights of way or ways for public | 15 |
| service facilities in which
public utilities, other than | 16 |
| railroads, have any interest pursuant to "An
Act to revise the | 17 |
| law in relation to plats", approved March 21, 1874,
as amended, | 18 |
| and all ordinances enacted pursuant thereto. Such easements,
| 19 |
| rights of way and ways for public service facilities are hereby | 20 |
| declared to
be apportionable and upon written request by a | 21 |
| community antenna television
company, public utilities shall | 22 |
| make such easements, rights of way and ways
for public service | 23 |
| facilities available for the construction, maintenance,
repair | 24 |
| or removal of cable television facilities provided that such
| 25 |
| construction, maintenance, repair or removal does not create a | 26 |
| dangerous
condition threatening the safety of the public or the |
|
|
|
HB1442 |
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LRB095 05034 HLH 25102 b |
|
| 1 |
| safety of such public
utility employees or threatening to cause | 2 |
| an interruption of the furnishing
of vital utility service. | 3 |
| Initial determination of the existence of such a
dangerous | 4 |
| condition or interruption of services shall be made by the | 5 |
| public
utility whose easement, right of way or way for public | 6 |
| service facility is
involved. In the event the community | 7 |
| antenna television company or
municipality disagrees with such | 8 |
| determination, a determination of whether
such construction, | 9 |
| maintenance, repair or removal would create such a
dangerous | 10 |
| condition or threaten to interrupt vital utility services, | 11 |
| shall
be made by a court of competent jurisdiction upon the | 12 |
| application of such
community antenna television company.
| 13 |
| If a municipality notifies or a municipality requires a | 14 |
| developer to
notify
a public
utility before or after issuing a | 15 |
| permit or other authorization for the
construction of
| 16 |
| residential buildings, then the municipality or developer | 17 |
| shall, at the same
time, similarly
notify any community antenna | 18 |
| television system franchised by or within that
municipality.
| 19 |
| In addition to such other notices as may be required by | 20 |
| this subparagraph
(f), a community antenna television company | 21 |
| or municipality shall not
enter upon the real estate or rights | 22 |
| of way of any public utility, railroad
or pipeline owner or | 23 |
| operator for the purposes of above-ground maintenance
or repair | 24 |
| of its television cable facilities without giving 96 hours | 25 |
| prior
written notice to the registered agent of the public | 26 |
| utility, railroad or
pipeline owner or operator involved, or in |
|
|
|
HB1442 |
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LRB095 05034 HLH 25102 b |
|
| 1 |
| the case of a public utility,
notice may be given through the | 2 |
| statewide one-call notice system provided
for by General Order | 3 |
| of the Illinois Commerce Commission or, if in Chicago,
through | 4 |
| the system known as the Chicago Utility Alert Network.
| 5 |
| (Source: P.A. 93-219, eff. 1-1-04 .)
| 6 |
| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
|
|