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90_SB0691
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
Amends the Counties Code and the Illinois Municipal Code.
Provides that a cable television franchisee or a municipality
that has decided to construct, operate, or maintain a cable
television system shall not begin constructing or installing
cable television facilities and services upon, beneath, or
over real estate until the franchisee or municipality and
the owner of the real estate have agreed on just compensation
or just compensation has been determined by a court of
competent jurisdiction.
LRB9003181DNmb
LRB9003181DNmb
1 AN ACT concerning cable television.
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
5 Section 5-1096 as follows:
6 (55 ILCS 5/5-1096) (from Ch. 34, par. 5-1096)
7 Sec. 5-1096. Community antenna television systems;
8 interference with and payment for access.
9 (a) In any instance in which a county has granted a
10 franchise to any community antenna television company to
11 construct, operate or maintain a cable television system
12 within a designated franchise area, no property owner,
13 condominium association, managing agent, lessee or other
14 person in possession or control of any residential building
15 located within such designated franchise area shall forbid or
16 prevent any occupant, tenant or lessee of any such building
17 from receiving cable television service from such franchisee,
18 nor demand or accept payment from any such occupant, tenant
19 or lessee in any form as a condition of permitting the
20 installation of cable television facilities or the
21 maintenance of cable television service in any such building
22 or any portion thereof occupied or leased by such occupant,
23 tenant or lessee, nor shall any such property owner,
24 condominium association, managing agent, lessee or other
25 person discriminate in rental charges or otherwise against
26 any occupant, tenant or lessee receiving cable service;
27 provided, however, that the owner of such building may
28 require, in exchange and as compensation for permitting the
29 installation of cable television facilities within and upon
30 such building, the payment of just compensation to be paid by
31 the cable television franchisee which provides such cable
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1 television service, said sum to be determined in accordance
2 with the provisions of subparagraphs (c) and (d) hereof, and
3 provided further that the cable television franchisee
4 installing such cable television facilities shall agree to
5 indemnify the owner of such building for any damage caused by
6 the installation, operation or removal of such cable
7 television facilities and service.
8 No community antenna television company shall install
9 cable television facilities within a residential building
10 pursuant to this subparagraph (a) unless an occupant, tenant
11 or lessee of such residential building requests the delivery
12 of cable television services.
13 (b) In any instance in which a county has granted a
14 franchise to any community antenna television company to
15 construct, operate or maintain a cable television system
16 within a designated franchise area, no property owner,
17 condominium association, managing agent, lessee or other
18 person in possession and control of any improved or
19 unimproved real estate located within such designated
20 franchise area shall forbid or prevent such cable television
21 franchisee from entering upon such real estate for the
22 purpose of and in connection with the construction or
23 installation of such cable television system and cable
24 television facilities, nor shall any such property owner,
25 condominium association, managing agent, lessee or other
26 person in possession or control of such real estate forbid or
27 prevent such cable television franchisee from constructing or
28 installing upon, beneath or over such real estate, including
29 any buildings or other structures located thereon, hardware,
30 cable, equipment, materials or other cable television
31 facilities utilized by such cable franchisee in the
32 construction and installation of such cable television
33 system; provided, however, that the owner of any such real
34 estate may require, in exchange and as compensation for
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1 permitting the construction or installation of cable
2 television facilities upon, beneath or over such real estate,
3 the payment of just compensation by the cable television
4 franchisee which provides such cable television service, said
5 sum to be determined in accordance with the provisions of
6 subparagraphs (c) and (d) hereof, and provided further that
7 the cable television franchisee constructing or installing
8 such cable television facilities shall agree to indemnify the
9 owner of such real estate for any damage caused by the
10 installation, operation or removal of such cable television
11 facilities and service.
12 (c) In any instance in which the owner of a residential
13 building or the owner of improved or unimproved real estate
14 intends to require the payment of just compensation in excess
15 of $1 in exchange for permitting the installation of cable
16 television facilities in and upon such building, or upon,
17 beneath or over such real estate, the owner shall serve
18 written notice thereof upon the cable television franchisee.
19 Any such notice shall be served within 20 days of the date on
20 which such owner is notified of the cable television
21 franchisee's intention to construct or install cable
22 television facilities in and upon such building, or upon,
23 beneath or over such real estate. Unless timely notice as
24 herein provided is given by the owner to the cable television
25 franchisee, it will be conclusively presumed that the owner
26 of any such building or real estate does not claim or intend
27 to require a payment of more than $1 in exchange and as just
28 compensation for permitting the installation of cable
29 television facilities within and upon such building, or upon,
30 beneath or over such real estate. In any instance in which a
31 cable television franchisee intends to install cable
32 television facilities as herein provided, written notice of
33 such intention shall be sent by the cable television
34 franchisee to the property owner or to such person,
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1 association or managing agent as shall have been appointed or
2 otherwise designated to manage or operate the property. Such
3 notice shall include the address of the property, the name of
4 the cable television franchisee, and information as to the
5 time within which the owner may give notice, demand payment
6 as just compensation and initiate legal proceedings as
7 provided in this subparagraph (c) and subparagraph (d).
8 (d) Any owner of a residential building described in
9 subparagraph (a), and any owner of improved or unimproved
10 real estate described in subparagraph (b), who shall have
11 given timely written notice to the cable television
12 franchisee as provided in subparagraph (c), may assert a
13 claim for just compensation in excess of $1 for permitting
14 the installation of cable television facilities within and
15 upon such building, or upon, beneath or over such real
16 estate. Within 30 days after notice has been given in
17 accordance with subparagraph (c), the owner shall advise the
18 cable television franchisee in writing of the amount claimed
19 as just compensation. If within 60 days after the receipt of
20 the owner's claim, the cable television franchisee has not
21 agreed to pay the amount claimed or some other amount
22 acceptable to the owner, the owner may bring suit to enforce
23 such claim for just compensation in any court of competent
24 jurisdiction and, upon timely demand, may require that the
25 amount of just compensation be determined by a jury. Any such
26 action shall be commenced within 6 months of the notice given
27 by the cable television franchisee pursuant to subparagraph
28 (c) hereof. In any action brought to determine such amount,
29 the owner may submit evidence of a decrease in the fair
30 market value of the property occasioned by the installation
31 or location of the cable on the property, that the owner has
32 a specific alternative use for the space occupied by cable
33 television facilities, the loss of which will result in a
34 monetary loss to the owner, or that installation of cable
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1 television facilities within and upon such building or upon,
2 beneath or over such real estate otherwise substantially
3 interferes with the use and occupancy of such building to an
4 extent which causes a decrease in the fair market value of
5 such building or real estate.
6 (e) A cable television franchisee shall not begin
7 constructing or installing cable television facilities and
8 services upon, beneath, or over real estate until the
9 franchisee and the owner of the real estate have agreed on
10 just compensation or just compensation has been determined by
11 a court of competent jurisdiction in accordance with
12 subsection (c) and (d). After just compensation has been
13 agreed to or determined by a court of competent jurisdiction,
14 the franchisee has the right Neither the giving of a notice
15 by the owner under subparagraph (c), nor the assertion of a
16 specific claim, nor the initiation of legal action to enforce
17 such claim, as provided under subparagraph (d), shall delay
18 or impair the right of the cable television franchisee to
19 construct or install cable television facilities and maintain
20 cable television services within or upon any building
21 described in subsection subparagraph (a) or upon, beneath, or
22 over real estate described in subsection subparagraph (b).
23 (f) Notwithstanding the foregoing, no community antenna
24 television company shall enter upon any real estate or rights
25 of way in the possession or control of any public utility,
26 railroad or owner or operator of an oil, petroleum product,
27 chemical or gas pipeline to install or remove cable
28 television facilities or to provide underground maintenance
29 or repair services with respect thereto, prior to delivery to
30 the public utility, railroad or pipeline owner or operator of
31 written notice of intent to enter, install, maintain or
32 remove. No entry shall be made until at least 15 business
33 days after receipt of such written notice. Such written
34 notice, which shall be delivered to the registered agent of
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1 such public utility, railroad or pipeline owner or operator
2 shall include the following information:
3 (i) The date of the proposed installation, maintenance,
4 repair or removal and projected length of time required to
5 complete such installation, maintenance, 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, repaired,
10 maintained or removed upon the real estate or right of way;
11 and
12 (iv) The written agreement of the community antenna
13 television company to indemnify and hold harmless such public
14 utility, railroad or pipeline owner or operator from the
15 costs of any damages directly or indirectly caused by the
16 installation, maintenance, repair, operation, or removal of
17 cable television facilities. Upon request of the public
18 utility, railroad, or owner or operator of an oil, petroleum
19 product, chemical or gas pipeline, the community antenna
20 television company shall provide proof that it has purchased
21 and will maintain a policy or policies of insurance in
22 amounts sufficient to provide coverage for personal injury
23 and property damage losses caused by or resulting from the
24 installation, maintenance, repair or removal of cable
25 television facilities. The written agreement shall provide
26 that the community antenna television company shall maintain
27 such policies of insurance in full force and effect as long
28 as cable television facilities remain on the real estate or
29 right of way.
30 Within 15 business days of receipt of the written prior
31 notice of entry the public utility, railroad or pipeline
32 owner or operator shall investigate and determine whether or
33 not the proposed entry and installation or repair,
34 maintenance, or removal would create a dangerous condition
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1 threatening the safety of the public or the safety of its
2 employees or threatening to cause an interruption of the
3 furnishing of vital transportation, utility or pipeline
4 services and upon so finding shall so notify the community
5 antenna television company of such decision in writing.
6 Initial determination of the existence of such a dangerous
7 condition or interruption of services shall be made by the
8 public utility, railroad or pipeline owner or operator whose
9 real estate or right of way is involved. In the event that
10 the community antenna television company disagrees with such
11 determination, a determination of whether such entry and
12 installation, maintenance, repair or removal would create
13 such a dangerous condition or interrupt services shall be
14 made by a court of competent jurisdiction upon the
15 application of such community antenna television company. An
16 initial written determination of a public utility, railroad,
17 or pipeline owner or operator timely made and transmitted to
18 the community antenna television company, in the absence of a
19 determination by a court of competent jurisdiction finding to
20 the contrary, bars the entry of the community antenna
21 television company upon the real estate or right of way for
22 any purpose.
23 Any public utility, railroad or pipeline owner or
24 operator may assert a written claim against any community
25 antenna television company for just compensation within 30
26 days after written notice has been given in accordance with
27 this subparagraph (f). If, within 60 days after the receipt
28 of such claim for compensation, the community antenna
29 television company has not agreed to the amount claimed or
30 some other amount acceptable to the public utility, railroad
31 or pipeline owner or operator, the public utility, railroad
32 or pipeline owner or operator may bring suit to enforce such
33 claim for just compensation in any court of competent
34 jurisdiction and, upon timely demand, may require that the
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1 amount of just compensation be determined by a jury. Any
2 such action shall be commenced within 6 months of the notice
3 provided for in this subparagraph (f). In any action brought
4 to determine such just compensation, the public utility,
5 railroad or pipeline owner or operator may submit such
6 evidence as may be relevant to the issue of just
7 compensation. Neither the assertion of a claim for
8 compensation nor the initiation of legal action to enforce
9 such claim shall delay or impair the right of the community
10 antenna television company to construct or install cable
11 television facilities upon any real estate or rights of way
12 of any public utility, railroad or pipeline owner or
13 operator.
14 To the extent that the public utility, railroad, or owner
15 or operator of an oil, petroleum product, chemical or gas
16 pipeline deems it appropriate to supervise, monitor or
17 otherwise assist the community antenna television company in
18 connection with the installation, maintenance, repair or
19 removal of cable television facilities upon such real estate
20 or rights of way, the community antenna television company
21 shall reimburse the public utility, railroad or owner or
22 operator of an oil, petroleum product, chemical or gas
23 pipeline for costs reasonable and actually incurred in
24 connection therewith.
25 The provisions of this subparagraph (f) shall not be
26 applicable to any easements, rights of way or ways for public
27 service facilities in which public utilities, other than
28 railroads, have any interest pursuant to "an Act to revise
29 the law in relation to plats" approved March 21, 1874, and
30 all ordinances enacted pursuant thereto. Such easements,
31 rights of way and ways for public service facilities are
32 hereby declared to be apportionable and upon written request
33 by a community antenna television company, public utilities
34 shall make such easements, rights of way and ways for public
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1 service facilities available for the construction,
2 maintenance, repair or removal of cable television facilities
3 provided that such construction, maintenance, repair or
4 removal does not create a dangerous condition threatening the
5 safety of the public or the safety of such public utility
6 employees or threatening to cause an interruption of the
7 furnishing of vital utility service. Initial determination
8 of the existence of such a dangerous condition or
9 interruption of services shall be made by the public utility
10 whose easement, right of way or way for public service
11 facility is involved. In the event the community antenna
12 television company disagrees with such determination, a
13 determination of whether such construction, maintenance,
14 repair or removal would create such a dangerous condition or
15 threaten to interrupt vital utility services, shall be made
16 by a court of competent jurisdiction upon the application of
17 such community antenna television company.
18 In addition to such other notices as may be required by
19 this subparagraph (f), a community antenna television company
20 shall not enter upon the real estate or rights of way of any
21 public utility, railroad or pipeline owner or operator for
22 the purposes of above-ground maintenance or repair of its
23 television cable facilities without giving 96 hours prior
24 written notice to the registered agent of the public utility,
25 railroad or pipeline owner or operator involved, or in the
26 case of a public utility, notice may be given through the
27 statewide one-call notice system provided for by General
28 Order of the Illinois Commerce Commission or, if in Chicago,
29 through the system known as the Chicago Utility Alert
30 Network.
31 (Source: P.A. 86-962.)
32 Section 10. The Illinois Municipal Code is amended by
33 changing Section 11-42-11.1 as follows:
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1 (65 ILCS 5/11-42-11.1) (from Ch. 24, par. 11-42-11.1)
2 Sec. 11-42-11.1. Community antenna television systems;
3 interference with and payment for access.
4 (a) In any instance in which a municipality has (i)
5 granted a franchise to any community antenna television
6 company or (ii) decided for the municipality itself to
7 construct, operate or maintain a cable television system
8 within a designated area, no property owner, condominium
9 association, managing agent, lessee or other person in
10 possession or control of any residential building located
11 within the designated area shall forbid or prevent any
12 occupant, tenant or lessee of any such building from
13 receiving cable television service from such franchisee or
14 municipality, nor demand or accept payment from any such
15 occupant, tenant or lessee in any form as a condition of
16 permitting the installation of cable television facilities or
17 the maintenance of cable television service in any such
18 building or any portion thereof occupied or leased by such
19 occupant, tenant or lessee, nor shall any such property
20 owner, condominium association, managing agent, lessee or
21 other person discriminate in rental charges or otherwise
22 against any occupant, tenant or lessee receiving cable
23 service; provided, however, that the owner of such building
24 may require, in exchange and as compensation for permitting
25 the installation of cable television facilities within and
26 upon such building, the payment of just compensation by the
27 cable television franchisee which provides such cable
28 television service, said sum to be determined in accordance
29 with the provisions of subparagraphs (c) and (d) hereof, and
30 provided further that the cable television franchisee
31 installing such cable television facilities shall agree to
32 indemnify the owner of such building for any damage caused by
33 the installation, operation or removal of such cable
34 television facilities and service.
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1 No community antenna television company shall install
2 cable television facilities within a residential building
3 pursuant to this subparagraph (a) unless an occupant, tenant
4 or lessee of such residential building requests the delivery
5 of cable television services. In any instance in which a
6 request for service is made by more than 3 occupants, tenants
7 or lessees of a residential building, the community antenna
8 television company may install cable television facilities
9 throughout the building in a manner which enables the
10 community antenna television company to provide cable
11 television services to occupants, tenants or lessees of other
12 residential units without requiring the installation of
13 additional cable television facilities other than within the
14 residential units occupied by such other occupants, tenants
15 or lessees.
16 (b) In any instance in which a municipality has (i)
17 granted a franchise to any community antenna television
18 company or (ii) decided for the municipality itself to
19 construct, operate or maintain a cable television system
20 within a designated area, no property owner, condominium
21 association, managing agent, lessee or other person in
22 possession and control of any improved or unimproved real
23 estate located within such designated area shall forbid or
24 prevent such cable television franchisee or municipality from
25 entering upon such real estate for the purpose of and in
26 connection with the construction or installation of such
27 cable television system and cable television facilities, nor
28 shall any such property owner, condominium association,
29 managing agent, lessee or other person in possession or
30 control of such real estate forbid or prevent such cable
31 television franchisee or municipality from constructing or
32 installing upon, beneath or over such real estate, including
33 any buildings or other structures located thereon, hardware,
34 cable, equipment, materials or other cable television
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1 facilities utilized by such cable franchisee or municipality
2 in the construction and installation of such cable television
3 system; provided, however, that the owner of any such real
4 estate may require, in exchange and as compensation for
5 permitting the construction or installation of cable
6 television facilities upon, beneath or over such real estate,
7 the payment of just compensation by the cable television
8 franchisee which provides such cable television service, said
9 sum to be determined in accordance with the provisions of
10 subparagraphs (c) and (d) hereof, and provided further that
11 the cable television franchisee constructing or installing
12 such cable television facilities shall agree to indemnify the
13 owner of such real estate for any damage caused by the
14 installation, operation or removal of such cable television
15 facilities and service.
16 (c) In any instance in which the owner of a residential
17 building or the owner of improved or unimproved real estate
18 intends to require the payment of just compensation in excess
19 of $1 in exchange for permitting the installation of cable
20 television facilities in and upon such building, or upon,
21 beneath or over such real estate, the owner shall serve
22 written notice thereof upon the cable television franchisee.
23 Any such notice shall be served within 20 days of the date on
24 which such owner is notified of the cable television
25 franchisee's intention to construct or install cable
26 television facilities in and upon such building, or upon,
27 beneath or over such real estate. Unless timely notice as
28 herein provided is given by the owner to the cable television
29 franchisee, it will be conclusively presumed that the owner
30 of any such building or real estate does not claim or intend
31 to require a payment of more than $1 in exchange and as just
32 compensation for permitting the installation of cable
33 television facilities within and upon such building, or upon,
34 beneath or over such real estate. In any instance in which a
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1 cable television franchisee intends to install cable
2 television facilities as herein provided, written notice of
3 such intention shall be sent by the cable television
4 franchisee to the property owner or to such person,
5 association or managing agent as shall have been appointed or
6 otherwise designated to manage or operate the property. Such
7 notice shall include the address of the property, the name of
8 the cable television franchisee, and information as to the
9 time within which the owner may give notice, demand payment
10 as just compensation and initiate legal proceedings as
11 provided in this subparagraph (c) and subparagraph (d). In
12 any instance in which a community antenna television company
13 intends to install cable television facilities within a
14 residential building containing 12 or more residential units,
15 the written notice shall further provide that the property
16 owner may require that the community antenna television
17 company submit to the owner written plans identifying the
18 manner in which cable television facilities are to be
19 installed, including the proposed location of coaxial cable.
20 Approval of such plans by the property owner shall not be
21 unreasonably withheld and such owners' consent to and
22 approval of such plans shall be presumed unless, within 30
23 days after receipt thereof, or in the case of a condominium
24 association, 90 days after receipt thereof, the property
25 owner identifies in writing the specific manner in which such
26 plans deviate from generally accepted construction or safety
27 standards, and unless the property owner contemporaneously
28 submits an alternative construction plan providing for the
29 installation of cable television facilities in an
30 economically feasible manner. The community antenna
31 television company may proceed with the plans originally
32 submitted if an alternative plan is not submitted by the
33 property owner within 30 days, or in the case of a
34 condominium association, 90 days, or if an alternative plan
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1 submitted by the property owner fails to comply with
2 generally accepted construction and safety standards or does
3 not provide for the installation of cable television
4 facilities in an economically feasible manner.
5 (d) Any owner of a residential building described in
6 subparagraph (a), and any owner of improved or unimproved
7 real estate described in subparagraph (b), who shall have
8 given timely written notice to the cable television
9 franchisee as provided in subparagraph (c), may assert a
10 claim for just compensation in excess of $1 for permitting
11 the installation of cable television facilities within and
12 upon such building, or upon, beneath or over such real
13 estate. Within 30 days after notice has been given in
14 accordance with subparagraph (c), the owner shall advise the
15 cable television franchisee in writing of the amount claimed
16 as just compensation. If within 60 days after the receipt of
17 the owner's claim, the cable television franchisee has not
18 agreed to pay the amount claimed or some other amount
19 acceptable to the owner, the owner may bring suit to enforce
20 such claim for just compensation in any court of competent
21 jurisdiction and, upon timely demand, may require that the
22 amount of just compensation be determined by a jury. Any such
23 action shall be commenced within 6 months of the notice given
24 by the cable television franchisee pursuant to subparagraph
25 (c) hereof. In any action brought to determine such amount,
26 the owner may submit evidence of a decrease in the fair
27 market value of the property occasioned by the installation
28 or location of the cable on the property, that the owner has
29 a specific alternative use for the space occupied by cable
30 television facilities, the loss of which will result in a
31 monetary loss to the owner, or that installation of cable
32 television facilities within and upon such building or upon,
33 beneath or over such real estate otherwise substantially
34 interferes with the use and occupancy of such building to an
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1 extent which causes a decrease in the fair market value of
2 such building or real estate.
3 (e) A cable television franchisee or a municipality that
4 has decided to construct, operate, or maintain a cable
5 television system shall not begin constructing or installing
6 cable television facilities and services upon, beneath, or
7 over real estate until the franchisee or municipality and the
8 owner of the real estate have agreed on just compensation or
9 just compensation has been determined by a court of competent
10 jurisdiction in accordance with subsection (c) and (d).
11 After just compensation has been agreed to or determined by a
12 court of competent jurisdiction, the franchisee or
13 municipality has the right Neither the giving of a notice by
14 the owner under subparagraph (c), nor the assertion of a
15 specific claim, nor the initiation of legal action to enforce
16 such claim, as provided under subparagraph (d), shall delay
17 or impair the right of the cable television franchisee to
18 construct or install cable television facilities and maintain
19 cable television services within or upon any building
20 described in subsection subparagraph (a) or upon, beneath, or
21 over real estate described in subsection subparagraph (b).
22 (f) Notwithstanding the foregoing, no community antenna
23 television company or municipality shall enter upon any real
24 estate or rights of way in the possession or control of any
25 public utility, railroad or owner or operator of an oil,
26 petroleum product, chemical or gas pipeline to install or
27 remove cable television facilities or to provide underground
28 maintenance or repair services with respect thereto, prior to
29 delivery to the public utility, railroad or pipeline owner or
30 operator of written notice of intent to enter, install,
31 maintain or remove. No entry shall be made until at least 15
32 business days after receipt of such written notice. Such
33 written notice, which shall be delivered to the registered
34 agent of such public utility, railroad or pipeline owner or
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1 operator shall include the following information:
2 (i) The date of the proposed installation, maintenance,
3 repair or removal and projected length of time required to
4 complete such installation, maintenance, repair or removal;
5 (ii) The manner and method of such installation,
6 maintenance, repair or removal;
7 (iii) The location of the proposed entry and path of
8 cable television facilities proposed to be placed, repaired,
9 maintained or removed upon the real estate or right of way;
10 and
11 (iv) The written agreement of the community antenna
12 television company to indemnify and hold harmless such public
13 utility, railroad or pipeline owner or operator from the
14 costs of any damages directly or indirectly caused by the
15 installation, maintenance, repair, operation, or removal of
16 cable television facilities. Upon request of the public
17 utility, railroad, or owner or operator of an oil, petroleum
18 product, chemical or gas pipeline, the community antenna
19 television company shall provide proof that it has purchased
20 and will maintain a policy or policies of insurance in
21 amounts sufficient to provide coverage for personal injury
22 and property damage losses caused by or resulting from the
23 installation, maintenance, repair or removal of cable
24 television facilities. The written agreement shall provide
25 that the community antenna television company shall maintain
26 such policies of insurance in full force and effect as long
27 as cable television facilities remain on the real estate or
28 right of way.
29 Within 15 business days of receipt of the written prior
30 notice of entry the public utility, railroad or pipeline
31 owner or operator shall investigate and determine whether or
32 not the proposed entry and installation or repair,
33 maintenance, or removal would create a dangerous condition
34 threatening the safety of the public or the safety of its
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1 employees or threatening to cause an interruption of the
2 furnishing of vital transportation, utility or pipeline
3 services and upon so finding shall so notify the community
4 antenna television company or municipality of such decision
5 in writing. Initial determination of the existence of such a
6 dangerous condition or interruption of services shall be made
7 by the public utility, railroad or pipeline owner or operator
8 whose real estate or right of way is involved. In the event
9 that the community antenna television company or municipality
10 disagrees with such determination, a determination of whether
11 such entry and installation, maintenance, repair or removal
12 would create such a dangerous condition or interrupt services
13 shall be made by a court of competent jurisdiction upon the
14 application of such community antenna television company or
15 municipality. An initial written determination of a public
16 utility, railroad, or pipeline owner or operator timely made
17 and transmitted to the community antenna television company
18 or municipality, in the absence of a determination by a court
19 of competent jurisdiction finding to the contrary, bars the
20 entry of the community antenna television company or
21 municipality upon the real estate or right of way for any
22 purpose.
23 Any public utility, railroad or pipeline owner or
24 operator may assert a written claim against any community
25 antenna television company for just compensation within 30
26 days after written notice has been given in accordance with
27 this subparagraph (f). If, within 60 days after the receipt
28 of such claim for compensation, the community antenna
29 television company has not agreed to the amount claimed or
30 some other amount acceptable to the public utility, railroad
31 or pipeline owner or operator, the public utility, railroad
32 or pipeline owner or operator may bring suit to enforce such
33 claim for just compensation in any court of competent
34 jurisdiction and, upon timely demand, may require that the
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1 amount of just compensation be determined by a jury. Any
2 such action shall be commenced within 6 months of the notice
3 provided for in this subparagraph (f). In any action brought
4 to determine such just compensation, the public utility,
5 railroad or pipeline owner or operator may submit such
6 evidence as may be relevant to the issue of just
7 compensation. Neither the assertion of a claim for
8 compensation nor the initiation of legal action to enforce
9 such claim shall delay or impair the right of the community
10 antenna television company to construct or install cable
11 television facilities upon any real estate or rights of way
12 of any public utility, railroad or pipeline owner or
13 operator.
14 To the extent that the public utility, railroad, or owner
15 or operator of an oil, petroleum product, chemical or gas
16 pipeline deems it appropriate to supervise, monitor or
17 otherwise assist the community antenna television company in
18 connection with the installation, maintenance, repair or
19 removal of cable television facilities upon such real estate
20 or rights of way, the community antenna television company
21 shall reimburse the public utility, railroad or owner or
22 operator of an oil, petroleum product, chemical or gas
23 pipeline for costs reasonable and actually incurred in
24 connection therewith.
25 The provisions of this subparagraph (f) shall not be
26 applicable to any easements, rights of way or ways for public
27 service facilities in which public utilities, other than
28 railroads, have any interest pursuant to "An Act to revise
29 the law in relation to plats", approved March 21, 1874, as
30 amended, and all ordinances enacted pursuant thereto. Such
31 easements, rights of way and ways for public service
32 facilities are hereby declared to be apportionable and upon
33 written request by a community antenna television company,
34 public utilities shall make such easements, rights of way and
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1 ways for public service facilities available for the
2 construction, maintenance, repair or removal of cable
3 television facilities provided that such construction,
4 maintenance, repair or removal does not create a dangerous
5 condition threatening the safety of the public or the safety
6 of such public utility employees or threatening to cause an
7 interruption of the furnishing of vital utility service.
8 Initial determination of the existence of such a dangerous
9 condition or interruption of services shall be made by the
10 public utility whose easement, right of way or way for public
11 service facility is involved. In the event the community
12 antenna television company or municipality disagrees with
13 such determination, a determination of whether such
14 construction, maintenance, repair or removal would create
15 such a dangerous condition or threaten to interrupt vital
16 utility services, shall be made by a court of competent
17 jurisdiction upon the application of such community antenna
18 television company.
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
22 rights of way of any public utility, railroad or pipeline
23 owner or operator for the purposes of above-ground
24 maintenance or repair of its television cable facilities
25 without giving 96 hours prior written notice to the
26 registered agent of the public utility, railroad or pipeline
27 owner or operator involved, or in the case of a public
28 utility, notice may be given through the statewide one-call
29 notice system provided for by General Order of the Illinois
30 Commerce Commission or, if in Chicago, through the system
31 known as the Chicago Utility Alert Network.
32 (Source: P.A. 86-820; 86-1410.)