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