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90_SB0691eng
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.
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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) Neither the giving of a notice by the owner under
7 subparagraph (c), nor the assertion of a specific claim, nor
8 the initiation of legal action to enforce such claim, as
9 provided under subparagraph (d), shall delay or impair the
10 right of the cable television franchisee to construct or
11 install cable television facilities and maintain cable
12 television services within or upon any building described in
13 subsection subparagraph (a) or upon, beneath, or over real
14 estate described in subsection subparagraph (b), except as
15 provided in this subsection. A cable television franchisee
16 shall not begin constructing or installing cable television
17 facilities and services upon, beneath, or over real estate
18 with manufactured housing, mobile home parks, or manufactured
19 housing subdivisions until the franchisee and the owner of
20 the real estate have agreed on just compensation or just
21 compensation has been determined by a court of competent
22 jurisdiction in accordance with subsections (c) and (d).
23 After just compensation has been agreed to or determined by a
24 court of competent jurisdiction, the franchisee has the right
25 to construct or install cable television facilities and
26 maintain cable television services within or upon any
27 building described in subsection (a) or upon, beneath, or
28 over real estate with manufactured housing, mobile home
29 parks, or manufactured housing subdivisions described in
30 subsection (b).
31 (f) Notwithstanding the foregoing, no community antenna
32 television company shall enter upon any real estate or rights
33 of way in the possession or control of any public utility,
34 railroad or owner or operator of an oil, petroleum product,
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1 chemical or gas pipeline to install or remove cable
2 television facilities or to provide underground maintenance
3 or repair services with respect thereto, prior to delivery to
4 the public utility, railroad or pipeline owner or operator of
5 written notice of intent to enter, install, maintain or
6 remove. No entry shall be made until at least 15 business
7 days after receipt of such written notice. Such written
8 notice, which shall be delivered to the registered agent of
9 such public utility, railroad or pipeline owner or operator
10 shall include the following information:
11 (i) The date of the proposed installation, maintenance,
12 repair or removal and projected length of time required to
13 complete such installation, maintenance, repair or removal;
14 (ii) The manner and method of such installation,
15 maintenance, repair or removal;
16 (iii) The location of the proposed entry and path of
17 cable television facilities proposed to be placed, repaired,
18 maintained or removed upon the real estate or right of way;
19 and
20 (iv) The written agreement of the community antenna
21 television company to indemnify and hold harmless such public
22 utility, railroad or pipeline owner or operator from the
23 costs of any damages directly or indirectly caused by the
24 installation, maintenance, repair, operation, or removal of
25 cable television facilities. Upon request of the public
26 utility, railroad, or owner or operator of an oil, petroleum
27 product, chemical or gas pipeline, the community antenna
28 television company shall provide proof that it has purchased
29 and will maintain a policy or policies of insurance in
30 amounts sufficient to provide coverage for personal injury
31 and property damage losses caused by or resulting from the
32 installation, maintenance, repair or removal of cable
33 television facilities. The written agreement shall provide
34 that the community antenna television company shall maintain
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1 such policies of insurance in full force and effect as long
2 as cable television facilities remain on the real estate or
3 right of way.
4 Within 15 business days of receipt of the written prior
5 notice of entry the public utility, railroad or pipeline
6 owner or operator shall investigate and determine whether or
7 not the proposed entry and installation or repair,
8 maintenance, or removal would create a dangerous condition
9 threatening the safety of the public or the safety of its
10 employees or threatening to cause an interruption of the
11 furnishing of vital transportation, utility or pipeline
12 services and upon so finding shall so notify the community
13 antenna television company of such decision in writing.
14 Initial determination of the existence of such a dangerous
15 condition or interruption of services shall be made by the
16 public utility, railroad or pipeline owner or operator whose
17 real estate or right of way is involved. In the event that
18 the community antenna television company disagrees with such
19 determination, a determination of whether such entry and
20 installation, maintenance, repair or removal would create
21 such a dangerous condition or interrupt services shall be
22 made by a court of competent jurisdiction upon the
23 application of such community antenna television company. An
24 initial written determination of a public utility, railroad,
25 or pipeline owner or operator timely made and transmitted to
26 the community antenna television company, in the absence of a
27 determination by a court of competent jurisdiction finding to
28 the contrary, bars the entry of the community antenna
29 television company upon the real estate or right of way for
30 any purpose.
31 Any public utility, railroad or pipeline owner or
32 operator may assert a written claim against any community
33 antenna television company for just compensation within 30
34 days after written notice has been given in accordance with
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1 this subparagraph (f). If, within 60 days after the receipt
2 of such claim for compensation, the community antenna
3 television company has not agreed to the amount claimed or
4 some other amount acceptable to the public utility, railroad
5 or pipeline owner or operator, the public utility, railroad
6 or pipeline owner or operator may bring suit to enforce such
7 claim for just compensation in any court of competent
8 jurisdiction and, upon timely demand, may require that the
9 amount of just compensation be determined by a jury. Any
10 such action shall be commenced within 6 months of the notice
11 provided for in this subparagraph (f). In any action brought
12 to determine such just compensation, the public utility,
13 railroad or pipeline owner or operator may submit such
14 evidence as may be relevant to the issue of just
15 compensation. Neither the assertion of a claim for
16 compensation nor the initiation of legal action to enforce
17 such claim shall delay or impair the right of the community
18 antenna television company to construct or install cable
19 television facilities upon any real estate or rights of way
20 of any public utility, railroad or pipeline owner or
21 operator.
22 To the extent that the public utility, railroad, or owner
23 or operator of an oil, petroleum product, chemical or gas
24 pipeline deems it appropriate to supervise, monitor or
25 otherwise assist the community antenna television company in
26 connection with the installation, maintenance, repair or
27 removal of cable television facilities upon such real estate
28 or rights of way, the community antenna television company
29 shall reimburse the public utility, railroad or owner or
30 operator of an oil, petroleum product, chemical or gas
31 pipeline for costs reasonable and actually incurred in
32 connection therewith.
33 The provisions of this subparagraph (f) shall not be
34 applicable to any easements, rights of way or ways for public
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1 service facilities in which public utilities, other than
2 railroads, have any interest pursuant to "an Act to revise
3 the law in relation to plats" approved March 21, 1874, and
4 all ordinances enacted pursuant thereto. Such easements,
5 rights of way and ways for public service facilities are
6 hereby declared to be apportionable and upon written request
7 by a community antenna television company, public utilities
8 shall make such easements, rights of way and ways for public
9 service facilities available for the construction,
10 maintenance, repair or removal of cable television facilities
11 provided that such construction, maintenance, repair or
12 removal does not create a dangerous condition threatening the
13 safety of the public or the safety of such public utility
14 employees or threatening to cause an interruption of the
15 furnishing of vital utility service. Initial determination
16 of the existence of such a dangerous condition or
17 interruption of services shall be made by the public utility
18 whose easement, right of way or way for public service
19 facility is involved. In the event the community antenna
20 television company disagrees with such determination, a
21 determination of whether such construction, maintenance,
22 repair or removal would create such a dangerous condition or
23 threaten to interrupt vital utility services, shall be made
24 by a court of competent jurisdiction upon the application of
25 such community antenna television company.
26 In addition to such other notices as may be required by
27 this subparagraph (f), a community antenna television company
28 shall not enter upon the real estate or rights of way of any
29 public utility, railroad or pipeline owner or operator for
30 the purposes of above-ground maintenance or repair of its
31 television cable facilities without giving 96 hours prior
32 written notice to the registered agent of the public utility,
33 railroad or pipeline owner or operator involved, or in the
34 case of a public utility, notice may be given through the
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1 statewide one-call notice system provided for by General
2 Order of the Illinois Commerce Commission or, if in Chicago,
3 through the system known as the Chicago Utility Alert
4 Network.
5 (Source: P.A. 86-962.)
6 Section 10. The Illinois Municipal Code is amended by
7 changing Section 11-42-11.1 as follows:
8 (65 ILCS 5/11-42-11.1) (from Ch. 24, par. 11-42-11.1)
9 Sec. 11-42-11.1. Community antenna television systems;
10 interference with and payment for access.
11 (a) In any instance in which a municipality has (i)
12 granted a franchise to any community antenna television
13 company or (ii) decided for the municipality itself to
14 construct, operate or maintain a cable television system
15 within a designated area, no property owner, condominium
16 association, managing agent, lessee or other person in
17 possession or control of any residential building located
18 within the designated area shall forbid or prevent any
19 occupant, tenant or lessee of any such building from
20 receiving cable television service from such franchisee or
21 municipality, nor demand or accept payment from any such
22 occupant, tenant or lessee in any form as a condition of
23 permitting the installation of cable television facilities or
24 the maintenance of cable television service in any such
25 building or any portion thereof occupied or leased by such
26 occupant, tenant or lessee, nor shall any such property
27 owner, condominium association, managing agent, lessee or
28 other person discriminate in rental charges or otherwise
29 against any occupant, tenant or lessee receiving cable
30 service; provided, however, that the owner of such building
31 may require, in exchange and as compensation for permitting
32 the installation of cable television facilities within and
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1 upon such building, the payment of just compensation by the
2 cable television franchisee which provides such cable
3 television service, said sum to be determined in accordance
4 with the provisions of subparagraphs (c) and (d) hereof, and
5 provided further that the cable television franchisee
6 installing such cable television facilities shall agree to
7 indemnify the owner of such building for any damage caused by
8 the installation, operation or removal of such cable
9 television facilities and service.
10 No community antenna television company shall install
11 cable television facilities within a residential building
12 pursuant to this subparagraph (a) unless an occupant, tenant
13 or lessee of such residential building requests the delivery
14 of cable television services. In any instance in which a
15 request for service is made by more than 3 occupants, tenants
16 or lessees of a residential building, the community antenna
17 television company may install cable television facilities
18 throughout the building in a manner which enables the
19 community antenna television company to provide cable
20 television services to occupants, tenants or lessees of other
21 residential units without requiring the installation of
22 additional cable television facilities other than within the
23 residential units occupied by such other occupants, tenants
24 or lessees.
25 (b) In any instance in which a municipality has (i)
26 granted a franchise to any community antenna television
27 company or (ii) decided for the municipality itself to
28 construct, operate or maintain a cable television system
29 within a designated area, no property owner, condominium
30 association, managing agent, lessee or other person in
31 possession and control of any improved or unimproved real
32 estate located within such designated area shall forbid or
33 prevent such cable television franchisee or municipality from
34 entering upon such real estate for the purpose of and in
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1 connection with the construction or installation of such
2 cable television system and cable television facilities, nor
3 shall any such property owner, condominium association,
4 managing agent, lessee or other person in possession or
5 control of such real estate forbid or prevent such cable
6 television franchisee or municipality from constructing or
7 installing upon, beneath or over such real estate, including
8 any buildings or other structures located thereon, hardware,
9 cable, equipment, materials or other cable television
10 facilities utilized by such cable franchisee or municipality
11 in the construction and installation of such cable television
12 system; provided, however, that the owner of any such real
13 estate may require, in exchange and as compensation for
14 permitting the construction or installation of cable
15 television facilities upon, beneath or over such real estate,
16 the payment of just compensation by the cable television
17 franchisee which provides such cable television service, said
18 sum to be determined in accordance with the provisions of
19 subparagraphs (c) and (d) hereof, and provided further that
20 the cable television franchisee constructing or installing
21 such cable television facilities shall agree to indemnify the
22 owner of such real estate for any damage caused by the
23 installation, operation or removal of such cable television
24 facilities and service.
25 (c) In any instance in which the owner of a residential
26 building or the owner of improved or unimproved real estate
27 intends to require the payment of just compensation in excess
28 of $1 in exchange for permitting the installation of cable
29 television facilities in and upon such building, or upon,
30 beneath or over such real estate, the owner shall serve
31 written notice thereof upon the cable television franchisee.
32 Any such notice shall be served within 20 days of the date on
33 which such owner is notified of the cable television
34 franchisee's intention to construct or install cable
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1 television facilities in and upon such building, or upon,
2 beneath or over such real estate. Unless timely notice as
3 herein provided is given by the owner to the cable television
4 franchisee, it will be conclusively presumed that the owner
5 of any such building or real estate does not claim or intend
6 to require a payment of more than $1 in exchange and as just
7 compensation for permitting the installation of cable
8 television facilities within and upon such building, or upon,
9 beneath or over such real estate. In any instance in which a
10 cable television franchisee intends to install cable
11 television facilities as herein provided, written notice of
12 such intention shall be sent by the cable television
13 franchisee to the property owner or to such person,
14 association or managing agent as shall have been appointed or
15 otherwise designated to manage or operate the property. Such
16 notice shall include the address of the property, the name of
17 the cable television franchisee, and information as to the
18 time within which the owner may give notice, demand payment
19 as just compensation and initiate legal proceedings as
20 provided in this subparagraph (c) and subparagraph (d). In
21 any instance in which a community antenna television company
22 intends to install cable television facilities within a
23 residential building containing 12 or more residential units,
24 the written notice shall further provide that the property
25 owner may require that the community antenna television
26 company submit to the owner written plans identifying the
27 manner in which cable television facilities are to be
28 installed, including the proposed location of coaxial cable.
29 Approval of such plans by the property owner shall not be
30 unreasonably withheld and such owners' consent to and
31 approval of such plans shall be presumed unless, within 30
32 days after receipt thereof, or in the case of a condominium
33 association, 90 days after receipt thereof, the property
34 owner identifies in writing the specific manner in which such
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1 plans deviate from generally accepted construction or safety
2 standards, and unless the property owner contemporaneously
3 submits an alternative construction plan providing for the
4 installation of cable television facilities in an
5 economically feasible manner. The community antenna
6 television company may proceed with the plans originally
7 submitted if an alternative plan is not submitted by the
8 property owner within 30 days, or in the case of a
9 condominium association, 90 days, or if an alternative plan
10 submitted by the property owner fails to comply with
11 generally accepted construction and safety standards or does
12 not provide for the installation of cable television
13 facilities in an economically feasible manner.
14 (d) Any owner of a residential building described in
15 subparagraph (a), and any owner of improved or unimproved
16 real estate described in subparagraph (b), who shall have
17 given timely written notice to the cable television
18 franchisee as provided in subparagraph (c), may assert a
19 claim for just compensation in excess of $1 for permitting
20 the installation of cable television facilities within and
21 upon such building, or upon, beneath or over such real
22 estate. Within 30 days after notice has been given in
23 accordance with subparagraph (c), the owner shall advise the
24 cable television franchisee in writing of the amount claimed
25 as just compensation. If within 60 days after the receipt of
26 the owner's claim, the cable television franchisee has not
27 agreed to pay the amount claimed or some other amount
28 acceptable to the owner, the owner may bring suit to enforce
29 such claim for just compensation in any court of competent
30 jurisdiction and, upon timely demand, may require that the
31 amount of just compensation be determined by a jury. Any such
32 action shall be commenced within 6 months of the notice given
33 by the cable television franchisee pursuant to subparagraph
34 (c) hereof. In any action brought to determine such amount,
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1 the owner may submit evidence of a decrease in the fair
2 market value of the property occasioned by the installation
3 or location of the cable on the property, that the owner has
4 a specific alternative use for the space occupied by cable
5 television facilities, the loss of which will result in a
6 monetary loss to the owner, or that installation of cable
7 television facilities within and upon such building or upon,
8 beneath or over such real estate otherwise substantially
9 interferes with the use and occupancy of such building to an
10 extent which causes a decrease in the fair market value of
11 such building or real estate.
12 (e) Neither the giving of a notice by the owner under
13 subparagraph (c), nor the assertion of a specific claim, nor
14 the initiation of legal action to enforce such claim, as
15 provided under subparagraph (d), shall delay or impair the
16 right of the cable television franchisee to construct or
17 install cable television facilities and maintain cable
18 television services within or upon any building described in
19 subsection subparagraph (a) or upon, beneath, or over real
20 estate described in subsection subparagraph (b), except as
21 otherwise provided in this subsection. A cable television
22 franchisee or a municipality that has decided to construct,
23 operate, or maintain a cable television system shall not
24 begin constructing or installing cable television facilities
25 and services upon, beneath, or over real estate with
26 manufactured housing, mobile home parks, or manufactured
27 housing subdivisions until the franchisee or municipality and
28 the owner of the real estate have agreed on just compensation
29 or just compensation has been determined by a court of
30 competent jurisdiction in accordance with subsections (c) and
31 (d). After just compensation has been agreed to or
32 determined by a court of competent jurisdiction the
33 franchisee or the municipality has the right to construct or
34 install cable television facilities and maintain cable
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1 television services within or upon any building described in
2 subsection (a) or upon, beneath, or over real estate with
3 manufactured housing, mobile home parks, or manufactured
4 housing subdivisions described in subsection (b).
5 (f) Notwithstanding the foregoing, no community antenna
6 television company or municipality shall enter upon any real
7 estate or rights of way in the possession or control of any
8 public utility, railroad or owner or operator of an oil,
9 petroleum product, chemical or gas pipeline to install or
10 remove cable television facilities or to provide underground
11 maintenance or repair services with respect thereto, prior to
12 delivery to the public utility, railroad or pipeline owner or
13 operator of written notice of intent to enter, install,
14 maintain or remove. No entry shall be made until at least 15
15 business days after receipt of such written notice. Such
16 written notice, which shall be delivered to the registered
17 agent of such public utility, railroad or pipeline owner or
18 operator shall include the following information:
19 (i) The date of the proposed installation, maintenance,
20 repair or removal and projected length of time required to
21 complete such installation, maintenance, repair or removal;
22 (ii) The manner and method of such installation,
23 maintenance, repair or removal;
24 (iii) The location of the proposed entry and path of
25 cable television facilities proposed to be placed, repaired,
26 maintained or removed upon the real estate or right of way;
27 and
28 (iv) The written agreement of the community antenna
29 television company to indemnify and hold harmless such public
30 utility, railroad or pipeline owner or operator from the
31 costs of any damages directly or indirectly caused by the
32 installation, maintenance, repair, operation, or removal of
33 cable television facilities. Upon request of the public
34 utility, railroad, or owner or operator of an oil, petroleum
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1 product, chemical or gas pipeline, the community antenna
2 television company shall provide proof that it has purchased
3 and will maintain a policy or policies of insurance in
4 amounts sufficient to provide coverage for personal injury
5 and property damage losses caused by or resulting from the
6 installation, maintenance, repair or removal of cable
7 television facilities. The written agreement shall provide
8 that the community antenna television company shall maintain
9 such policies of insurance in full force and effect as long
10 as cable television facilities remain on the real estate or
11 right of way.
12 Within 15 business days of receipt of the written prior
13 notice of entry the public utility, railroad or pipeline
14 owner or operator shall investigate and determine whether or
15 not the proposed entry and installation or repair,
16 maintenance, or removal would create a dangerous condition
17 threatening the safety of the public or the safety of its
18 employees or threatening to cause an interruption of the
19 furnishing of vital transportation, utility or pipeline
20 services and upon so finding shall so notify the community
21 antenna television company or municipality of such decision
22 in writing. Initial determination of the existence of such a
23 dangerous condition or interruption of services shall be made
24 by the public utility, railroad or pipeline owner or operator
25 whose real estate or right of way is involved. In the event
26 that the community antenna television company or municipality
27 disagrees with such determination, a determination of whether
28 such entry and installation, maintenance, repair or removal
29 would create such a dangerous condition or interrupt services
30 shall be made by a court of competent jurisdiction upon the
31 application of such community antenna television company or
32 municipality. An initial written determination of a public
33 utility, railroad, or pipeline owner or operator timely made
34 and transmitted to the community antenna television company
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1 or municipality, in the absence of a determination by a court
2 of competent jurisdiction finding to the contrary, bars the
3 entry of the community antenna television company or
4 municipality upon the real estate or right of way for any
5 purpose.
6 Any public utility, railroad or pipeline owner or
7 operator may assert a written claim against any community
8 antenna television company for just compensation within 30
9 days after written notice has been given in accordance with
10 this subparagraph (f). If, within 60 days after the receipt
11 of such claim for compensation, the community antenna
12 television company has not agreed to the amount claimed or
13 some other amount acceptable to the public utility, railroad
14 or pipeline owner or operator, the public utility, railroad
15 or pipeline owner or operator may bring suit to enforce such
16 claim for just compensation in any court of competent
17 jurisdiction and, upon timely demand, may require that the
18 amount of just compensation be determined by a jury. Any
19 such action shall be commenced within 6 months of the notice
20 provided for in this subparagraph (f). In any action brought
21 to determine such just compensation, the public utility,
22 railroad or pipeline owner or operator may submit such
23 evidence as may be relevant to the issue of just
24 compensation. Neither the assertion of a claim for
25 compensation nor the initiation of legal action to enforce
26 such claim shall delay or impair the right of the community
27 antenna television company to construct or install cable
28 television facilities upon any real estate or rights of way
29 of any public utility, railroad or pipeline owner or
30 operator.
31 To the extent that the public utility, railroad, or owner
32 or operator of an oil, petroleum product, chemical or gas
33 pipeline deems it appropriate to supervise, monitor or
34 otherwise assist the community antenna television company in
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1 connection with the installation, maintenance, repair or
2 removal of cable television facilities upon such real estate
3 or rights of way, the community antenna television company
4 shall reimburse the public utility, railroad or owner or
5 operator of an oil, petroleum product, chemical or gas
6 pipeline for costs reasonable and actually incurred in
7 connection therewith.
8 The provisions of this subparagraph (f) shall not be
9 applicable to any easements, rights of way or ways for public
10 service facilities in which public utilities, other than
11 railroads, have any interest pursuant to "An Act to revise
12 the law in relation to plats", approved March 21, 1874, as
13 amended, and all ordinances enacted pursuant thereto. Such
14 easements, rights of way and ways for public service
15 facilities are hereby declared to be apportionable and upon
16 written request by a community antenna television company,
17 public utilities shall make such easements, rights of way and
18 ways for public service facilities available for the
19 construction, maintenance, repair or removal of cable
20 television facilities provided that such construction,
21 maintenance, repair or removal does not create a dangerous
22 condition threatening the safety of the public or the safety
23 of such public utility employees or threatening to cause an
24 interruption of the furnishing of vital utility service.
25 Initial determination of the existence of such a dangerous
26 condition or interruption of services shall be made by the
27 public utility whose easement, right of way or way for public
28 service facility is involved. In the event the community
29 antenna television company or municipality disagrees with
30 such determination, a determination of whether such
31 construction, maintenance, repair or removal would create
32 such a dangerous condition or threaten to interrupt vital
33 utility services, shall be made by a court of competent
34 jurisdiction upon the application of such community antenna
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1 television company.
2 In addition to such other notices as may be required by
3 this subparagraph (f), a community antenna television company
4 or municipality shall not enter upon the real estate or
5 rights of way of any public utility, railroad or pipeline
6 owner or operator for the purposes of above-ground
7 maintenance or repair of its television cable facilities
8 without giving 96 hours prior written notice to the
9 registered agent of the public utility, railroad or pipeline
10 owner or operator involved, or in the case of a public
11 utility, notice may be given through the statewide one-call
12 notice system provided for by General Order of the Illinois
13 Commerce Commission or, if in Chicago, through the system
14 known as the Chicago Utility Alert Network.
15 (Source: P.A. 86-820; 86-1410.)