Full Text of HB6256 97th General Assembly
HB6256 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB6256 Introduced , by Rep. Rich Brauer SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/5-1095 | from Ch. 34, par. 5-1095 |
65 ILCS 5/11-42-11 | from Ch. 24, par. 11-42-11 |
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Amends the Counties Code and the Illinois Municipal Code. Eliminates the power of the County Board or corporate authorities of a municipality to tax the business of operating a community antenna television
system. Denies home rule powers. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | HOME RULE NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing Section | 5 | | 5-1095 as follows:
| 6 | | (55 ILCS 5/5-1095) (from Ch. 34, par. 5-1095)
| 7 | | Sec. 5-1095. Community antenna television systems; | 8 | | satellite
transmitted television programming. | 9 | | (a) The County Board may license or franchise, but may not ,
| 10 | | tax , or franchise the business of operating a community antenna | 11 | | television
system or systems within the County and outside of a | 12 | | municipality, as
defined in Section 1-1-2 of the Illinois | 13 | | Municipal Code. The changes made to this subsection (a) by this | 14 | | amendatory Act of the 97th General Assembly are a denial and | 15 | | limitation of home rule powers and functions under subsection | 16 | | (g) of Section 6 of Article VII of the Illinois Constitution.
| 17 | | When an area is annexed to a municipality, the annexing | 18 | | municipality
shall thereby become the franchising authority | 19 | | with respect to that portion
of any community antenna | 20 | | television system that, immediately before
annexation, had | 21 | | provided cable television services within the annexed area
| 22 | | under a franchise granted by the county, and the owner of that | 23 | | community
antenna television system shall thereby be |
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| 1 | | authorized to provide cable
television services within the | 2 | | annexed area under the terms and provisions
of the existing | 3 | | franchise. In that instance, the franchise shall remain in
| 4 | | effect until, by its terms, it expires, except that any | 5 | | franchise fees
payable under the franchise shall be payable | 6 | | only to the county for a
period of 5 years or until, by its | 7 | | terms, the franchise expires, whichever
occurs first. After the | 8 | | 5 year period, any franchise fees payable under
the franchise | 9 | | shall be paid to the annexing municipality. In any
instance in | 10 | | which a duly franchised community antenna television system is
| 11 | | providing cable television services within the annexing | 12 | | municipality at the
time of annexation, the annexing | 13 | | municipality may permit that
franchisee to extend its community | 14 | | antenna television system to the annexed
area under terms and | 15 | | conditions that are no more burdensome nor less
favorable to | 16 | | that franchisee than those imposed under any community antenna
| 17 | | television franchise applicable to the annexed area at the time | 18 | | of annexation.
The authorization to extend cable television | 19 | | service to the annexed area and
any community antenna | 20 | | television system authorized to provide cable television
| 21 | | services within the annexed area at the time of annexation | 22 | | shall not be subject
to the provisions of subsection (e) of | 23 | | this Section.
| 24 | | (b) "Community antenna television system" as used in this | 25 | | Section, means
any facility which is constructed in whole or in | 26 | | part in, on, under or
over any highway or other public place |
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| 1 | | and which is operated to perform
for hire the service of | 2 | | receiving and amplifying the signals broadcast
by one or more | 3 | | television stations and redistributing such signals by
wire, | 4 | | cable or other means to members of the public who subscribe to
| 5 | | such service except that such term does not include (i) any | 6 | | system which
serves fewer than 50 subscribers or (ii) any | 7 | | system which serves only
the residents of one or more apartment | 8 | | dwellings under common ownership,
control or management, and | 9 | | commercial establishments located on the
premises of such | 10 | | dwellings.
| 11 | | (c) The authority hereby granted does not include the | 12 | | authority to
license or franchise telephone companies subject | 13 | | to the jurisdiction of
the Illinois Commerce Commission or the | 14 | | Federal Communications
Commission in connection with | 15 | | furnishing circuits, wires, cables or
other facilities to the | 16 | | operator of a community antenna television
system.
| 17 | | (c-1) Each franchise entered into by a county and a | 18 | | community antenna television system shall include the customer | 19 | | service and privacy standards and protections contained in | 20 | | Article XXII of the Public Utilities Act. A franchise may not | 21 | | contain different penalties or consumer service and privacy | 22 | | standards and protections. Each franchise entered into by a | 23 | | county and a community antenna television system before June | 24 | | 30, 2007 (the effective date of Public Act 95-9)
shall be | 25 | | amended by this Section to incorporate the penalty provisions | 26 | | and customer service and privacy standards and protections |
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| 1 | | contained in Article XXII of the Public Utilities Act.
| 2 | | The County Board may, in the course of franchising such | 3 | | community antenna
television system, grant to such franchisee | 4 | | the authority and the right
and permission to use all public | 5 | | streets, rights of way, alleys, ways for
public service | 6 | | facilities, parks, playgrounds, school grounds, or other
| 7 | | public grounds, in which such county may have an interest, for | 8 | | the
construction, installation, operation, maintenance, | 9 | | alteration, addition,
extension or improvement of a community | 10 | | antenna television system.
| 11 | | Any charge imposed by a community antenna television system | 12 | | franchised
pursuant to this Section for the raising or removal | 13 | | of cables or lines to
permit passage on, to or from a street | 14 | | shall not exceed the reasonable
costs of work reasonably | 15 | | necessary to safely permit such passage. Pursuant
to | 16 | | subsections (h) and (i) of Section 6 of Article VII of the | 17 | | Constitution
of the State of Illinois, the General Assembly | 18 | | declares the regulation of
charges which may be imposed by | 19 | | community antenna television systems for
the raising or removal | 20 | | of cables or lines to permit passage on, to or from
streets is | 21 | | a power or function to be exercised exclusively by the State | 22 | | and
not to be exercised or performed concurrently with the | 23 | | State by any unit of
local government, including any home rule | 24 | | unit.
| 25 | | The County Board may, upon written request by the | 26 | | franchisee of a community
antenna television system, exercise |
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| 1 | | its right of eminent domain solely for
the purpose of granting | 2 | | an easement right no greater than 8 feet in width,
extending no | 3 | | greater than 8 feet from any lot line for the purpose of
| 4 | | extending cable across any parcel of property in the manner | 5 | | provided for by
the law of eminent domain, provided, however, | 6 | | such franchisee deposits with
the county sufficient security to | 7 | | pay all costs incurred by the county in
the exercise of its | 8 | | right of eminent domain.
| 9 | | Except as specifically provided otherwise in this Section, | 10 | | this
Section is not a limitation on any home rule county.
| 11 | | (d) The General Assembly finds and declares that | 12 | | satellite-transmitted
television programming should be | 13 | | available to those who desire to subscribe
to such programming | 14 | | and that decoding devices should be obtainable at
reasonable | 15 | | prices by those who are unable to obtain satellite-transmitted
| 16 | | television programming through duly franchised community | 17 | | antenna television
systems.
| 18 | | In any instance in which a person is unable to obtain
| 19 | | satellite-transmitted television programming through a duly | 20 | | franchised
community antenna television system either because | 21 | | the municipality and
county in which such person resides has | 22 | | not granted a franchise to operate
and maintain a community | 23 | | antenna television system, or because the duly
franchised | 24 | | community antenna television system operator does not make | 25 | | cable
television services available to such person, any | 26 | | programming company that
delivers satellite-transmitted |
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| 1 | | television programming in scrambled or
encrypted form shall | 2 | | ensure that devices for decryption of such programming
are made | 3 | | available to such person, through the local community antenna
| 4 | | television operator or directly, for purchase or lease at | 5 | | prices reasonably
related to the cost of manufacture and | 6 | | distribution of such devices.
| 7 | | (e) The General Assembly finds and declares that, in order | 8 | | to ensure that
community antenna television services are | 9 | | provided in an orderly,
competitive and economically sound | 10 | | manner, the best interests of the public
will be served by the | 11 | | establishment of certain minimum standards and
procedures for | 12 | | the granting of additional cable television franchises.
| 13 | | Subject to the provisions of this subsection, the authority
| 14 | | granted under subsection (a) hereof shall include the authority | 15 | | to license,
franchise and tax more than one cable operator to | 16 | | provide community antenna
television services within the | 17 | | territorial limits of a single franchising
authority. For | 18 | | purposes of this subsection (e), the term:
| 19 | | (i) "Existing cable television franchise" means a | 20 | | community antenna
television franchise granted by a county | 21 | | which is in use at the time
such county receives an | 22 | | application or request by another cable
operator for a | 23 | | franchise to provide cable antenna television services
| 24 | | within all or any portion of the territorial area which is | 25 | | or may be served
under the existing cable television | 26 | | franchise.
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| 1 | | (ii) "Additional cable television franchise" means a | 2 | | franchise pursuant
to which community antenna television | 3 | | services may be provided within the
territorial areas, or | 4 | | any portion thereof, which may be served under an
existing | 5 | | cable television franchise.
| 6 | | (iii) "Franchising Authority" is defined as that term | 7 | | is defined under
Section 602(9) of the Cable Communications | 8 | | Policy Act of 1984, Public Law
98-549.
| 9 | | (iv) "Cable operator" is defined as that term is | 10 | | defined under Section
602(4) of the Cable Communications | 11 | | Policy Act of 1984, Public Law 98-549.
| 12 | | Before granting an additional cable television franchise, | 13 | | the franchising
authority shall:
| 14 | | (1) Give written notice to the owner or operator of any | 15 | | other community
antenna television system franchised to | 16 | | serve all or any portion of the
territorial area to be | 17 | | served by such additional cable television
franchise, | 18 | | identifying the applicant for such additional franchise | 19 | | and
specifying the date, time and place at which the | 20 | | franchising authority
shall conduct public hearings to | 21 | | consider and determine whether such
additional cable | 22 | | television franchise should be granted.
| 23 | | (2) Conduct a public hearing to determine the public | 24 | | need for such
additional cable television franchise, the | 25 | | capacity of public rights-of-way
to accommodate such | 26 | | additional community antenna television services, the
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| 1 | | potential disruption to existing users of public | 2 | | rights-of-way to be used
by such additional franchise | 3 | | applicant to complete construction and to
provide cable | 4 | | television services within the proposed franchise area, | 5 | | the
long term economic impact of such additional cable | 6 | | television system within
the community, and such other | 7 | | factors as the franchising authority shall
deem | 8 | | appropriate.
| 9 | | (3) Determine, based upon the foregoing factors, | 10 | | whether it is in the
best interest of the county to grant | 11 | | such additional cable
television franchise.
| 12 | | (4) If the franchising authority shall determine that | 13 | | it is in the
best
interest
of the county to do so, it may | 14 | | grant the additional cable
television franchise. Except as | 15 | | provided in paragraph (5) of this subsection
(e), no such | 16 | | additional cable television
franchise shall be granted | 17 | | under terms or conditions more favorable or less
burdensome | 18 | | to the applicant than those required under the existing | 19 | | cable
television franchise, including but not limited to | 20 | | terms and conditions
pertaining to the territorial extent | 21 | | of the franchise, system design,
technical performance | 22 | | standards, construction schedules, performance bonds,
| 23 | | standards for construction and installation of cable | 24 | | television facilities,
service to subscribers, public | 25 | | educational and governmental access channels
and | 26 | | programming, production assistance, liability and |
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| 1 | | indemnification, and
franchise fees.
| 2 | | (5) Unless the existing cable television franchise | 3 | | provides that any
additional cable television franchise | 4 | | shall be subject to the same terms or
substantially | 5 | | equivalent terms and conditions as those of the existing | 6 | | cable
television franchise, the franchising authority may | 7 | | grant an additional cable
television franchise under | 8 | | different terms and conditions than those of the
existing | 9 | | franchise, in which event the franchising authority shall | 10 | | enter into
good faith negotiations with the existing | 11 | | franchisee and shall, within 120 days
after the effective | 12 | | date of the additional cable television franchise, modify
| 13 | | the existing cable television franchise in a manner and to | 14 | | the extent necessary
to ensure that neither the existing | 15 | | cable television franchise nor the
additional cable | 16 | | television
franchise, each considered in its entirety, | 17 | | provides a competitive advantage
over the other, provided | 18 | | that prior to modifying the existing cable television
| 19 | | franchise, the franchising authority shall have conducted | 20 | | a public hearing to
consider the proposed modification.
No | 21 | | modification in the terms and
conditions of the existing | 22 | | cable television franchise shall oblige the existing
cable | 23 | | television franchisee (1) to make any additional payment to | 24 | | the
franchising authority, including the payment of any | 25 | | additional franchise fee,
(2) to engage in any
additional | 26 | | construction of the existing cable television system or, |
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| 1 | | (3) to
modify the specifications or design of the existing | 2 | | cable television system;
and the inclusion of the factors | 3 | | identified in items (2) and (3) shall not be
considered in | 4 | | determining whether either franchise considered in its | 5 | | entirety,
has a competitive advantage over the other except | 6 | | to the extent that the
additional franchisee provides | 7 | | additional video or data services or the
equipment or | 8 | | facilities necessary to generate and or carry such service.
| 9 | | No modification in the terms and
conditions of the existing | 10 | | cable television franchise shall be made if the
existing | 11 | | cable television franchisee elects to continue to operate | 12 | | under all
terms and conditions of the existing franchise.
| 13 | | If within the 120 day period the franchising authority | 14 | | and the existing
cable television franchisee are unable to | 15 | | reach agreement on modifications to
the existing cable | 16 | | television franchise, then the franchising authority shall
| 17 | | modify the existing cable television franchise, effective | 18 | | 45 days thereafter,
in a manner, and only to the extent, | 19 | | that the terms and conditions of the
existing cable | 20 | | television franchise shall no longer impose any duty or
| 21 | | obligation on the existing franchisee which is not also | 22 | | imposed under the
additional cable television franchise; | 23 | | however, if by the modification the
existing cable | 24 | | television franchisee is relieved of duties or obligations | 25 | | not
imposed under the additional cable television | 26 | | franchise, then within the same
45
days and following a |
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| 1 | | public hearing concerning modification of the additional
| 2 | | cable television franchise within that 45 day period, the | 3 | | franchising authority
shall modify the additional cable | 4 | | television franchise to the extent necessary
to insure that | 5 | | neither the existing cable television franchise nor the
| 6 | | additional cable television franchise, each considered in | 7 | | its entirety, shall
have a
competitive advantage over the | 8 | | other.
| 9 | | No county shall be subject to suit for damages based upon | 10 | | the
county's determination to grant or its refusal to grant an | 11 | | additional cable
television franchise, provided that a
public | 12 | | hearing as herein provided has been held and the franchising
| 13 | | authority has determined that it is in the best interest of the
| 14 | | county to grant or refuse to grant such additional franchise, | 15 | | as the case
may be.
| 16 | | It is declared to be the law of this State, pursuant to | 17 | | paragraphs (h)
and (i) of Section 6 of Article VII of the | 18 | | Illinois Constitution, that the
establishment of minimum | 19 | | standards and procedures for the granting of
additional cable | 20 | | television franchises as provided in this subsection (e)
is an | 21 | | exclusive State power and function that may not be exercised
| 22 | | concurrently by a home rule unit.
| 23 | | (Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
| 24 | | Section 10. The Illinois Municipal Code is amended by | 25 | | changing Section 11-42-11 as follows:
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| 1 | | (65 ILCS 5/11-42-11) (from Ch. 24, par. 11-42-11)
| 2 | | Sec. 11-42-11. Community antenna television systems; | 3 | | satellite transmitted
television programming.
| 4 | | (a) The corporate authorities of each municipality may
| 5 | | license or , franchise , but may not and tax , the business of | 6 | | operating a community antenna
television system as hereinafter | 7 | | defined. In municipalities with less
than 2,000,000 | 8 | | inhabitants, the corporate authorities may, under the limited
| 9 | | circumstances set forth in this Section, own (or lease as
| 10 | | lessee) and operate a community antenna television system; | 11 | | provided that a
municipality may not acquire,
construct,
own, | 12 | | or operate a community antenna television system
for the use
or | 13 | | benefit
of private consumers or users, and may not charge a fee | 14 | | for that consumption or
use,
unless the proposition to acquire, | 15 | | construct, own, or operate a cable antenna
television system | 16 | | has been submitted to and approved by the electors
of the | 17 | | municipality in accordance with subsection (f).
Before
| 18 | | acquiring, constructing, or commencing operation of a | 19 | | community antenna
television system, the municipality shall | 20 | | comply with the following:
| 21 | | (1) Give written notice to the owner or operator of any | 22 | | other
community antenna television system franchised to | 23 | | serve all or any portion
of the territorial area to be | 24 | | served by the municipality's community
antenna television | 25 | | system, specifying the date, time, and place at which
the |
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| 1 | | municipality shall conduct public hearings to consider and | 2 | | determine
whether the municipality should acquire, | 3 | | construct, or commence operation
of a community antenna | 4 | | television system. The public hearings shall be
conducted | 5 | | at least 14 days after this notice is given.
| 6 | | (2) Publish a notice of the hearing in 2 or more | 7 | | newspapers published
in the county, city, village, | 8 | | incorporated town, or town, as the case may
be. If there is | 9 | | no such newspaper, then notice shall be published in any 2
| 10 | | or more newspapers published in the county and having a | 11 | | general circulation
throughout the community. The public | 12 | | hearings shall be conducted at least
14 days after this | 13 | | notice is given.
| 14 | | (3) Conduct a public hearing to determine the means by | 15 | | which
construction, maintenance, and operation of the | 16 | | system will be financed,
including whether the use of tax | 17 | | revenues or other fees will be required.
| 18 | | The changes made to this subsection (a) by this amendatory | 19 | | Act of the 97th General Assembly are a denial and limitation of | 20 | | home rule powers and functions under subsection (g) of Section | 21 | | 6 of Article VII of the Illinois Constitution. | 22 | | (b) The words "community antenna television system" shall | 23 | | mean any facility
which is constructed in whole or in part in, | 24 | | on, under or over any highway
or other public place and which | 25 | | is operated to perform for hire the service
of receiving and | 26 | | amplifying the signals broadcast by one or more television
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| 1 | | stations and redistributing such signals by wire, cable or | 2 | | other means to
members of the public who subscribe to such | 3 | | service; except that such
definition shall not include (i) any | 4 | | system which serves fewer than fifty
subscribers, or (ii) any | 5 | | system which serves only the residents of one or
more apartment | 6 | | dwellings under common ownership, control or management, and
| 7 | | commercial establishments located on the premises of such | 8 | | dwellings.
| 9 | | (c) The authority hereby granted does not include authority | 10 | | to license,
franchise or tax telephone companies subject to | 11 | | jurisdiction of the
Illinois Commerce Commission or the Federal | 12 | | Communications Commission in
connection with the furnishing of | 13 | | circuits, wires, cables, and other
facilities to the operator | 14 | | of a community antenna television system.
| 15 | | (c-1) Each franchise entered into by a municipality and a | 16 | | community antenna television system shall include the customer | 17 | | service and privacy standards and protections contained in | 18 | | Article XXII of the Public Utilities Act. A franchise may not | 19 | | contain different penalties or consumer service and privacy | 20 | | standards and protections. Each franchise entered into by a | 21 | | municipality and a community antenna television system before | 22 | | June 30, 2007 (the effective date of Public Act 95-9)
shall be | 23 | | amended by this Section to incorporate the penalty provisions | 24 | | and customer service and privacy standards and protections | 25 | | contained in Article XXII of the Public Utilities Act.
| 26 | | The corporate authorities of each municipality may, in the |
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| 1 | | course of
franchising such community antenna television | 2 | | system, grant to such franchisee
the authority and the right | 3 | | and permission to use all public streets, rights
of way, | 4 | | alleys, ways for public service facilities, parks, | 5 | | playgrounds,
school grounds, or other public grounds, in which | 6 | | such municipality may
have an interest, for the construction, | 7 | | installation, operation, maintenance,
alteration, addition, | 8 | | extension or improvement of a community antenna
television | 9 | | system.
| 10 | | Any charge imposed by a community antenna television system | 11 | | franchised
pursuant to this Section for the raising or removal | 12 | | of cables or lines to
permit passage on, to or from a street | 13 | | shall not exceed the reasonable
costs of work reasonably | 14 | | necessary to safely permit such passage. Pursuant
to | 15 | | subsections (h) and (i) of Section 6 of Article VII of the | 16 | | Constitution
of the State of Illinois, the General Assembly | 17 | | declares the regulation of
charges which may be imposed by | 18 | | community antenna television systems for
the raising or removal | 19 | | of cables or lines to permit passage on, to or from
streets is | 20 | | a power or function to be exercised exclusively by the State | 21 | | and
not to be exercised or performed concurrently with the | 22 | | State by any unit of
local government, including any home rule | 23 | | unit.
| 24 | | The municipality may, upon written request by the | 25 | | franchisee of a community
antenna television system, exercise | 26 | | its right of eminent domain
solely for the purpose of granting |
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| 1 | | an easement right no greater than 8 feet
in width, extending no | 2 | | greater than 8 feet from any lot line for the purpose
of | 3 | | extending cable across any parcel of property in the manner | 4 | | provided
by the law of eminent domain, provided, however, such | 5 | | franchisee deposits
with the municipality sufficient security | 6 | | to pay all costs incurred by the
municipality in the exercise | 7 | | of its right of eminent domain.
| 8 | | (d) The General Assembly finds and declares that | 9 | | satellite-transmitted
television programming should be | 10 | | available to those who desire to subscribe
to such programming | 11 | | and that decoding devices should be obtainable at
reasonable | 12 | | prices by those who are unable to obtain satellite-transmitted
| 13 | | television programming through duly franchised community | 14 | | antenna television
systems.
| 15 | | In any instance in which a person is unable to obtain
| 16 | | satellite-transmitted television programming through a duly | 17 | | franchised
community antenna television system either because | 18 | | the municipality and
county in which such person resides has | 19 | | not granted a franchise to operate
and maintain a community | 20 | | antenna television system, or because the duly
franchised | 21 | | community antenna television system operator does not make | 22 | | cable
television services available to such person, any | 23 | | programming company that
delivers satellite-transmitted | 24 | | television programming in scrambled or
encrypted form shall | 25 | | ensure that devices for description of such programming
are | 26 | | made available to such person, through the local community |
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| 1 | | antenna
television operator or directly, for purchase or lease | 2 | | at prices reasonably
related to the cost of manufacture and | 3 | | distribution of such devices.
| 4 | | (e) The General Assembly finds and declares that, in order | 5 | | to ensure that
community antenna television services are | 6 | | provided in an orderly,
competitive and economically sound | 7 | | manner, the best interests of the public
will be served by the | 8 | | establishment of certain minimum standards and
procedures for | 9 | | the granting of additional cable television franchises.
| 10 | | Subject to the provisions of this subsection, the authority
| 11 | | granted under subsection (a) hereof shall include the authority | 12 | | to license,
franchise and tax more than one cable operator to | 13 | | provide community antenna
television services within the | 14 | | corporate limits of a single franchising
authority. For | 15 | | purposes of this subsection (e), the term:
| 16 | | (i) "Existing cable television franchise" means a | 17 | | community antenna
television franchise granted by a | 18 | | municipality which is in use at the time
such municipality | 19 | | receives an application or request by another cable
| 20 | | operator for a franchise to provide cable antenna | 21 | | television services
within all or any portion of the | 22 | | territorial area which is or may be served
under the | 23 | | existing cable television franchise.
| 24 | | (ii) "Additional cable television franchise" means a | 25 | | franchise pursuant
to which community antenna television | 26 | | services may be provided within the
territorial areas, or |
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| 1 | | any portion thereof, which may be served under an
existing | 2 | | cable television franchise.
| 3 | | (iii) "Franchising Authority" is defined as that term | 4 | | is defined under
Section 602(9) of the Cable Communications | 5 | | Policy Act of 1984, Public Law
98-549, but does not include | 6 | | any municipality with a population of 1,000,000
or more.
| 7 | | (iv) "Cable operator" is defined as that term is | 8 | | defined under Section
602(4) of the Cable Communications | 9 | | Policy Act of 1984, Public Law 98-549.
| 10 | | Before granting an additional cable television franchise, | 11 | | the franchising
authority shall:
| 12 | | (1) Give written notice to the owner or operator of any | 13 | | other community
antenna television system franchised to | 14 | | serve all or any portion of the
territorial area to be | 15 | | served by such additional cable television
franchise, | 16 | | identifying the applicant for such additional franchise | 17 | | and
specifying the date, time and place at which the | 18 | | franchising authority
shall conduct public hearings to | 19 | | consider and determine whether such
additional cable | 20 | | television franchise should be granted.
| 21 | | (2) Conduct a public hearing to determine the public | 22 | | need for such
additional cable television franchise, the | 23 | | capacity of public rights-of-way
to accommodate such | 24 | | additional community antenna television services, the
| 25 | | potential disruption to existing users of public | 26 | | rights-of-way to be used
by such additional franchise |
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| 1 | | applicant to complete construction and to
provide cable | 2 | | television services within the proposed franchise area, | 3 | | the
long term economic impact of such additional cable | 4 | | television system within
the community, and such other | 5 | | factors as the franchising authority shall
deem | 6 | | appropriate.
| 7 | | (3) Determine, based upon the foregoing factors, | 8 | | whether it is in the
best interest of the municipality to | 9 | | grant such additional cable television
franchise.
| 10 | | (4) If the franchising authority shall determine that | 11 | | it is in the
best
interest of the municipality to do so, it | 12 | | may grant the additional cable
television franchise. | 13 | | Except as provided in paragraph (5) of this subsection
(e), | 14 | | no such additional cable television
franchise shall be | 15 | | granted under terms or conditions more favorable or less
| 16 | | burdensome to the applicant than those required under the | 17 | | existing cable
television franchise, including but not | 18 | | limited to terms and conditions
pertaining to the | 19 | | territorial extent of the franchise, system design,
| 20 | | technical performance standards, construction schedules, | 21 | | performance
bonds, standards for construction and | 22 | | installation of cable television
facilities, service to | 23 | | subscribers, public educational and governmental
access | 24 | | channels and programming, production assistance, liability | 25 | | and
indemnification, and franchise fees.
| 26 | | (5) Unless the existing cable television franchise |
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| 1 | | provides that any
additional cable television franchise | 2 | | shall be subject to the same terms or
substantially | 3 | | equivalent terms and conditions as those of the existing | 4 | | cable
television franchise, the franchising authority may | 5 | | grant an additional cable
television franchise under | 6 | | different terms and conditions than those of the
existing | 7 | | franchise, in which event the franchising authority shall | 8 | | enter into
good faith negotiations with the existing | 9 | | franchisee and shall, within 120 days
after the effective | 10 | | date of the additional cable television franchise, modify
| 11 | | the existing cable television franchise in a manner and to | 12 | | the extent necessary
to ensure that neither the existing | 13 | | cable television franchise nor the
additional cable | 14 | | television
franchise, each considered in its entirety, | 15 | | provides a competitive advantage
over the other, provided | 16 | | that prior to modifying the existing cable television
| 17 | | franchise, the franchising authority shall have conducted | 18 | | a public hearing to
consider the proposed modification.
No | 19 | | modification in the terms and
conditions of the existing | 20 | | cable television franchise shall oblige the existing
cable | 21 | | television franchisee (1) to make any additional payment to | 22 | | the
franchising authority, including the payment of any | 23 | | additional franchise fee,
(2) to engage in any
additional | 24 | | construction of the existing cable television system or, | 25 | | (3) to
modify the specifications or design of the existing | 26 | | cable television system;
and the inclusion of the factors |
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| 1 | | identified in items (2) and (3) shall not be
considered in | 2 | | determining whether either franchise considered in its | 3 | | entirety,
has a competitive advantage over the other except | 4 | | to the extent that the
additional franchisee provides | 5 | | additional video or data services or the
equipment or | 6 | | facilities necessary to generate and or carry such service.
| 7 | | No modification in the terms and
conditions of the existing | 8 | | cable television franchise shall be made if the
existing | 9 | | cable television franchisee elects to continue to operate | 10 | | under all
terms and conditions of the existing franchise.
| 11 | | If within the 120 day period the franchising authority | 12 | | and the existing
cable television franchisee are unable to | 13 | | reach agreement on modifications to
the existing cable | 14 | | television franchise, then the franchising authority shall
| 15 | | modify the existing cable television franchise, effective | 16 | | 45 days thereafter,
in a manner, and only to the extent, | 17 | | that the terms and conditions of the
existing cable | 18 | | television franchise shall no longer impose any duty or
| 19 | | obligation on the existing franchisee which is not also | 20 | | imposed under the
additional cable television franchise; | 21 | | however, if by the modification the
existing cable | 22 | | television franchisee is relieved of duties or obligations | 23 | | not
imposed under the additional cable television | 24 | | franchise, then within the same
45
days and following a | 25 | | public hearing concerning modification of the additional
| 26 | | cable television franchise within that 45 day period, the |
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| 1 | | franchising authority
shall modify the additional cable | 2 | | television franchise to the extent necessary
to insure that | 3 | | neither the existing cable television franchise nor the
| 4 | | additional cable television franchise, each considered in | 5 | | its entirety, shall
have a
competitive advantage over the | 6 | | other.
| 7 | | No municipality shall be subject to suit for damages based | 8 | | upon the
municipality's determination to grant or its refusal | 9 | | to grant an additional
cable television franchise, provided | 10 | | that a
public hearing as herein provided has been held and the | 11 | | franchising
authority has determined that it is in the best | 12 | | interest of the
municipality to grant or refuse to grant such | 13 | | additional franchise, as
the
case may be.
| 14 | | It is declared to be the law of this State, pursuant to | 15 | | paragraphs (h)
and (i) of Section 6 of Article VII of the | 16 | | Illinois Constitution, that the
establishment of minimum | 17 | | standards and procedures for the granting of
additional cable | 18 | | television franchises by municipalities with a population
less | 19 | | than 1,000,000 as provided in this subsection (e) is an | 20 | | exclusive
State power and function that may not be exercised | 21 | | concurrently by a home
rule unit.
| 22 | | (f) No municipality may acquire, construct, own, or operate | 23 | | a community
antenna
television system
unless the corporate | 24 | | authorities adopt
an
ordinance. The ordinance must set forth | 25 | | the action proposed; describe the
plant,
equipment, and | 26 | | property to be acquired or constructed; and specifically
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| 1 | | describe the
manner in which the construction, acquisition, and | 2 | | operation of the system
will
be financed.
| 3 | | The ordinance may not take effect until the question of | 4 | | acquiring,
construction,
owning, or operating a community | 5 | | antenna television system
has been
submitted to the electors of | 6 | | the municipality at a regular election and
approved by a
| 7 | | majority of the electors voting on the question. The corporate | 8 | | authorities
must certify the
question to the proper election | 9 | | authority, which must submit the question at an
election in
| 10 | | accordance with the Election Code.
| 11 | | The question must be submitted in substantially the | 12 | | following form:
| 13 | | Shall the ordinance authorizing the municipality to | 14 | | (insert action
authorized by ordinance) take effect?
| 15 | | The votes must be recorded as "Yes" or "No".
| 16 | | If a majority of electors voting on the question vote in | 17 | | the affirmative, the
ordinance shall take effect.
| 18 | | Not more than 30 or less than 15 days before the date of | 19 | | the referendum, the
municipal clerk must publish the ordinance | 20 | | at least once in one or more
newspapers
published in the | 21 | | municipality or, if no newspaper is published in the
| 22 | | municipality, in one
or more newspapers of general circulation | 23 | | within the municipality.
| 24 | | (Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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