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90_SB0691ham001
LRB9003181DNmbam06
1 AMENDMENT TO SENATE BILL 691
2 AMENDMENT NO. . Amend Senate Bill 691 by replacing
3 the title with the following:
4 "AN ACT concerning community antenna television
5 systems."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Counties Code is amended by changing
9 Section 5-1096 as follows:
10 (55 ILCS 5/5-1096) (from Ch. 34, par. 5-1096)
11 Sec. 5-1096. Community antenna television systems;
12 interference with and payment for access.
13 (a) 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 or control of any residential building
19 located within such designated franchise area shall forbid or
20 prevent any occupant, tenant or lessee of any such building
21 from receiving cable television service from such franchisee,
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1 nor demand or accept payment from any such occupant, tenant
2 or lessee in any form as a condition of permitting the
3 installation of cable television facilities or the
4 maintenance of cable television service in any such building
5 or any portion thereof occupied or leased by such occupant,
6 tenant or lessee, nor shall any such property owner,
7 condominium association, managing agent, lessee or other
8 person discriminate in rental charges or otherwise against
9 any occupant, tenant or lessee receiving cable service;
10 provided, however, that the owner of such building may
11 require, in exchange and as compensation for permitting the
12 installation of cable television facilities within and upon
13 such building, the payment of just compensation to be paid by
14 the cable television franchisee which provides such cable
15 television service, said sum to be determined in accordance
16 with the provisions of subparagraphs (c) and (d) hereof, and
17 provided further that the cable television franchisee
18 installing such cable television facilities shall agree to
19 indemnify the owner of such building for any damage caused by
20 the installation, operation or removal of such cable
21 television facilities and service.
22 No community antenna television company shall install
23 cable television facilities within a residential building
24 pursuant to this subparagraph (a) unless an occupant, tenant
25 or lessee of such residential building requests the delivery
26 of cable television services.
27 (b) In any instance in which a county has granted a
28 franchise to any community antenna television company to
29 construct, operate or maintain a cable television system
30 within a designated franchise area, no property owner,
31 condominium association, managing agent, lessee or other
32 person in possession and control of any improved or
33 unimproved real estate located within such designated
34 franchise area shall forbid or prevent such cable television
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1 franchisee from entering upon such real estate for the
2 purpose of and in connection with the construction or
3 installation of such cable television system and cable
4 television facilities, nor shall any such property owner,
5 condominium association, managing agent, lessee or other
6 person in possession or control of such real estate forbid or
7 prevent such cable television franchisee from constructing or
8 installing upon, beneath or over such real estate, including
9 any buildings or other structures located thereon, hardware,
10 cable, equipment, materials or other cable television
11 facilities utilized by such cable franchisee in the
12 construction and installation of such cable television
13 system; provided, however, that the owner of any such real
14 estate may require, in exchange and as compensation for
15 permitting the construction or installation of cable
16 television facilities upon, beneath or over such real estate,
17 the payment of just compensation by the cable television
18 franchisee which provides such cable television service, said
19 sum to be determined in accordance with the provisions of
20 subparagraphs (c) and (d) hereof, and provided further that
21 the cable television franchisee constructing or installing
22 such cable television facilities shall agree to indemnify the
23 owner of such real estate for any damage caused by the
24 installation, operation or removal of such cable television
25 facilities and service.
26 (c) In any instance in which the owner of a residential
27 building or the owner of improved or unimproved real estate
28 intends to require the payment of just compensation in excess
29 of $1 in exchange for permitting the installation of cable
30 television facilities in and upon such building, or upon,
31 beneath or over such real estate, the owner shall serve
32 written notice thereof upon the cable television franchisee.
33 Any such notice shall be served within 20 days of the date on
34 which such owner is notified of the cable television
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1 franchisee's intention to construct or install cable
2 television facilities in and upon such building, or upon,
3 beneath or over such real estate. Unless timely notice as
4 herein provided is given by the owner to the cable television
5 franchisee, it will be conclusively presumed that the owner
6 of any such building or real estate does not claim or intend
7 to require a payment of more than $1 in exchange and as just
8 compensation for permitting the installation of cable
9 television facilities within and upon such building, or upon,
10 beneath or over such real estate. In any instance in which a
11 cable television franchisee intends to install cable
12 television facilities as herein provided, written notice of
13 such intention shall be sent by the cable television
14 franchisee to the property owner or to such person,
15 association or managing agent as shall have been appointed or
16 otherwise designated to manage or operate the property. Such
17 notice shall include the address of the property, the name of
18 the cable television franchisee, and information as to the
19 time within which the owner may give notice, demand payment
20 as just compensation and initiate legal proceedings as
21 provided in this subparagraph (c) and subparagraph (d). In
22 any instance in which a community antenna television company
23 intends to install cable television facilities within a
24 residential building containing 12 or more residential units
25 or upon, beneath, or over real estate that is used as a site
26 for 12 or more manufactured housing units, 12 or more mobile
27 homes, or a combination of 12 or more manufactured housing
28 units and mobile homes, the written notice shall further
29 provide that the property owner may require that the
30 community antenna television company submit to the owner
31 written plans identifying the manner in which cable
32 television facilities are to be installed, including the
33 proposed location of coaxial cable. Approval of those plans
34 by the property owner shall not be unreasonably withheld and
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1 the owners' consent to and approval of those plans shall be
2 presumed unless, within 30 days after receipt thereof, or in
3 the case of a condominium association, 90 days after receipt
4 thereof, the property owner identifies in writing the
5 specific manner in which those plans deviate from generally
6 accepted construction or safety standards, and unless the
7 property owner contemporaneously submits an alternative
8 construction plan providing for the installation of cable
9 television facilities in an economically feasible manner.
10 The community antenna television company may proceed with the
11 plans originally submitted if an alternative plan is not
12 submitted by the property owner within 30 days, or in the
13 case of a condominium association, 90 days, or if an
14 alternative plan submitted by the property owner fails to
15 comply with generally accepted construction and safety
16 standards or does not provide for the installation of cable
17 television facilities in an economically feasible manner. For
18 purposes of this subsection, "mobile home" and "manufactured
19 housing unit" have the same meaning as in the Illinois
20 Manufactured Housing and Mobile Home Safety Act.
21 (d) Any owner of a residential building described in
22 subparagraph (a), and any owner of improved or unimproved
23 real estate described in subparagraph (b), who shall have
24 given timely written notice to the cable television
25 franchisee as provided in subparagraph (c), may assert a
26 claim for just compensation in excess of $1 for permitting
27 the installation of cable television facilities within and
28 upon such building, or upon, beneath or over such real
29 estate. Within 30 days after notice has been given in
30 accordance with subparagraph (c), the owner shall advise the
31 cable television franchisee in writing of the amount claimed
32 as just compensation. If within 60 days after the receipt of
33 the owner's claim, the cable television franchisee has not
34 agreed to pay the amount claimed or some other amount
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1 acceptable to the owner, the owner may bring suit to enforce
2 such claim for just compensation in any court of competent
3 jurisdiction and, upon timely demand, may require that the
4 amount of just compensation be determined by a jury. Any such
5 action shall be commenced within 6 months of the notice given
6 by the cable television franchisee pursuant to subparagraph
7 (c) hereof. In any action brought to determine such amount,
8 the owner may submit evidence of a decrease in the fair
9 market value of the property occasioned by the installation
10 or location of the cable on the property, that the owner has
11 a specific alternative use for the space occupied by cable
12 television facilities, the loss of which will result in a
13 monetary loss to the owner, or that installation of cable
14 television facilities within and upon such building or upon,
15 beneath or over such real estate otherwise substantially
16 interferes with the use and occupancy of such building to an
17 extent which causes a decrease in the fair market value of
18 such building or real estate.
19 (e) Neither the giving of a notice by the owner under
20 subparagraph (c), nor the assertion of a specific claim, nor
21 the initiation of legal action to enforce such claim, as
22 provided under subparagraph (d), shall delay or impair the
23 right of the cable television franchisee to construct or
24 install cable television facilities and maintain cable
25 television services within or upon any building described in
26 subparagraph (a) or upon, beneath or over real estate
27 described in subparagraph (b).
28 (f) Notwithstanding the foregoing, no community antenna
29 television company shall enter upon any real estate or rights
30 of way in the possession or control of any public utility,
31 railroad or owner or operator of an oil, petroleum product,
32 chemical or gas pipeline to install or remove cable
33 television facilities or to provide underground maintenance
34 or repair services with respect thereto, prior to delivery to
-7- LRB9003181DNmbam06
1 the public utility, railroad or pipeline owner or operator of
2 written notice of intent to enter, install, maintain or
3 remove. No entry shall be made until at least 15 business
4 days after receipt of such written notice. Such written
5 notice, which shall be delivered to the registered agent of
6 such public utility, railroad or pipeline owner or operator
7 shall include the following information:
8 (i) The date of the proposed installation, maintenance,
9 repair or removal and projected length of time required to
10 complete such installation, maintenance, repair or removal;
11 (ii) The manner and method of such installation,
12 maintenance, repair or removal;
13 (iii) The location of the proposed entry and path of
14 cable television facilities proposed to be placed, repaired,
15 maintained or removed upon the real estate or right of way;
16 and
17 (iv) The written agreement of the community antenna
18 television company to indemnify and hold harmless such public
19 utility, railroad or pipeline owner or operator from the
20 costs of any damages directly or indirectly caused by the
21 installation, maintenance, repair, operation, or removal of
22 cable television facilities. Upon request of the public
23 utility, railroad, or owner or operator of an oil, petroleum
24 product, chemical or gas pipeline, the community antenna
25 television company shall provide proof that it has purchased
26 and will maintain a policy or policies of insurance in
27 amounts sufficient to provide coverage for personal injury
28 and property damage losses caused by or resulting from the
29 installation, maintenance, repair or removal of cable
30 television facilities. The written agreement shall provide
31 that the community antenna television company shall maintain
32 such policies of insurance in full force and effect as long
33 as cable television facilities remain on the real estate or
34 right of way.
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1 Within 15 business days of receipt of the written prior
2 notice of entry the public utility, railroad or pipeline
3 owner or operator shall investigate and determine whether or
4 not the proposed entry and installation or repair,
5 maintenance, or removal would create a dangerous condition
6 threatening the safety of the public or the safety of its
7 employees or threatening to cause an interruption of the
8 furnishing of vital transportation, utility or pipeline
9 services and upon so finding shall so notify the community
10 antenna television company of such decision in writing.
11 Initial determination of the existence of such a dangerous
12 condition or interruption of services shall be made by the
13 public utility, railroad or pipeline owner or operator whose
14 real estate or right of way is involved. In the event that
15 the community antenna television company disagrees with such
16 determination, a determination of whether such entry and
17 installation, maintenance, repair or removal would create
18 such a dangerous condition or interrupt services shall be
19 made by a court of competent jurisdiction upon the
20 application of such community antenna television company. An
21 initial written determination of a public utility, railroad,
22 or pipeline owner or operator timely made and transmitted to
23 the community antenna television company, in the absence of a
24 determination by a court of competent jurisdiction finding to
25 the contrary, bars the entry of the community antenna
26 television company upon the real estate or right of way for
27 any purpose.
28 Any public utility, railroad or pipeline owner or
29 operator may assert a written claim against any community
30 antenna television company for just compensation within 30
31 days after written notice has been given in accordance with
32 this subparagraph (f). If, within 60 days after the receipt
33 of such claim for compensation, the community antenna
34 television company has not agreed to the amount claimed or
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1 some other amount acceptable to the public utility, railroad
2 or pipeline owner or operator, the public utility, railroad
3 or pipeline owner or operator may bring suit to enforce such
4 claim for just compensation in any court of competent
5 jurisdiction and, upon timely demand, may require that the
6 amount of just compensation be determined by a jury. Any
7 such action shall be commenced within 6 months of the notice
8 provided for in this subparagraph (f). In any action brought
9 to determine such just compensation, the public utility,
10 railroad or pipeline owner or operator may submit such
11 evidence as may be relevant to the issue of just
12 compensation. Neither the assertion of a claim for
13 compensation nor the initiation of legal action to enforce
14 such claim shall delay or impair the right of the community
15 antenna television company to construct or install cable
16 television facilities upon any real estate or rights of way
17 of any public utility, railroad or pipeline owner or
18 operator.
19 To the extent that the public utility, railroad, or owner
20 or operator of an oil, petroleum product, chemical or gas
21 pipeline deems it appropriate to supervise, monitor or
22 otherwise assist the community antenna television company in
23 connection with the installation, maintenance, repair or
24 removal of cable television facilities upon such real estate
25 or rights of way, the community antenna television company
26 shall reimburse the public utility, railroad or owner or
27 operator of an oil, petroleum product, chemical or gas
28 pipeline for costs reasonable and actually incurred in
29 connection therewith.
30 The provisions of this subparagraph (f) shall not be
31 applicable to any easements, rights of way or ways for public
32 service facilities in which public utilities, other than
33 railroads, have any interest pursuant to "an Act to revise
34 the law in relation to plats" approved March 21, 1874, and
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1 all ordinances enacted pursuant thereto. Such easements,
2 rights of way and ways for public service facilities are
3 hereby declared to be apportionable and upon written request
4 by a community antenna television company, public utilities
5 shall make such easements, rights of way and ways for public
6 service facilities available for the construction,
7 maintenance, repair or removal of cable television facilities
8 provided that such construction, maintenance, repair or
9 removal does not create a dangerous condition threatening the
10 safety of the public or the safety of such public utility
11 employees or threatening to cause an interruption of the
12 furnishing of vital utility service. Initial determination
13 of the existence of such a dangerous condition or
14 interruption of services shall be made by the public utility
15 whose easement, right of way or way for public service
16 facility is involved. In the event the community antenna
17 television company disagrees with such determination, a
18 determination of whether such construction, maintenance,
19 repair or removal would create such a dangerous condition or
20 threaten to interrupt vital utility services, shall be made
21 by a court of competent jurisdiction upon the application of
22 such community antenna television company.
23 In addition to such other notices as may be required by
24 this subparagraph (f), a community antenna television company
25 shall not enter upon the real estate or rights of way of any
26 public utility, railroad or pipeline owner or operator for
27 the purposes of above-ground maintenance or repair of its
28 television cable facilities without giving 96 hours prior
29 written notice to the registered agent of the public utility,
30 railroad or pipeline owner or operator involved, or in the
31 case of a public utility, notice may be given through the
32 statewide one-call notice system provided for by General
33 Order of the Illinois Commerce Commission or, if in Chicago,
34 through the system known as the Chicago Utility Alert
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1 Network.
2 (Source: P.A. 86-962.)
3 Section 10. The Illinois Municipal Code is amended by
4 changing Section 11-42-11.1 as follows:
5 (65 ILCS 5/11-42-11.1) (from Ch. 24, par. 11-42-11.1)
6 Sec. 11-42-11.1. (a) In any instance in which a
7 municipality has (i) granted a franchise to any community
8 antenna television company or (ii) decided for the
9 municipality itself to construct, operate or maintain a cable
10 television system within a designated area, no property
11 owner, condominium association, managing agent, lessee or
12 other person in possession or control of any residential
13 building located within the designated area shall forbid or
14 prevent any occupant, tenant or lessee of any such building
15 from receiving cable television service from such franchisee
16 or municipality, nor demand or accept payment from any such
17 occupant, tenant or lessee in any form as a condition of
18 permitting the installation of cable television facilities or
19 the maintenance of cable television service in any such
20 building or any portion thereof occupied or leased by such
21 occupant, tenant or lessee, nor shall any such property
22 owner, condominium association, managing agent, lessee or
23 other person discriminate in rental charges or otherwise
24 against any occupant, tenant or lessee receiving cable
25 service; provided, however, that the owner of such building
26 may require, in exchange and as compensation for permitting
27 the installation of cable television facilities within and
28 upon such building, the payment of just compensation by the
29 cable television franchisee which provides such cable
30 television service, said sum to be determined in accordance
31 with the provisions of subparagraphs (c) and (d) hereof, and
32 provided further that the cable television franchisee
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1 installing such cable television facilities shall agree to
2 indemnify the owner of such building for any damage caused by
3 the installation, operation or removal of such cable
4 television facilities and service.
5 No community antenna television company shall install
6 cable television facilities within a residential building
7 pursuant to this subparagraph (a) unless an occupant, tenant
8 or lessee of such residential building requests the delivery
9 of cable television services. In any instance in which a
10 request for service is made by more than 3 occupants, tenants
11 or lessees of a residential building, the community antenna
12 television company may install cable television facilities
13 throughout the building in a manner which enables the
14 community antenna television company to provide cable
15 television services to occupants, tenants or lessees of other
16 residential units without requiring the installation of
17 additional cable television facilities other than within the
18 residential units occupied by such other occupants, tenants
19 or lessees.
20 (b) In any instance in which a municipality has (i)
21 granted a franchise to any community antenna television
22 company or (ii) decided for the municipality itself to
23 construct, operate or maintain a cable television system
24 within a designated area, no property owner, condominium
25 association, managing agent, lessee or other person in
26 possession and control of any improved or unimproved real
27 estate located within such designated area shall forbid or
28 prevent such cable television franchisee or municipality from
29 entering upon such real estate for the purpose of and in
30 connection with the construction or installation of such
31 cable television system and cable television facilities, nor
32 shall any such property owner, condominium association,
33 managing agent, lessee or other person in possession or
34 control of such real estate forbid or prevent such cable
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1 television franchisee or municipality from constructing or
2 installing upon, beneath or over such real estate, including
3 any buildings or other structures located thereon, hardware,
4 cable, equipment, materials or other cable television
5 facilities utilized by such cable franchisee or municipality
6 in the construction and installation of such cable television
7 system; provided, however, that the owner of any such real
8 estate may require, in exchange and as compensation for
9 permitting the construction or installation of cable
10 television facilities upon, beneath or over such real estate,
11 the payment of just compensation by the cable television
12 franchisee which provides such cable television service, said
13 sum to be determined in accordance with the provisions of
14 subparagraphs (c) and (d) hereof, and provided further that
15 the cable television franchisee constructing or installing
16 such cable television facilities shall agree to indemnify the
17 owner of such real estate for any damage caused by the
18 installation, operation or removal of such cable television
19 facilities and service.
20 (c) In any instance in which the owner of a residential
21 building or the owner of improved or unimproved real estate
22 intends to require the payment of just compensation in excess
23 of $1 in exchange for permitting the installation of cable
24 television facilities in and upon such building, or upon,
25 beneath or over such real estate, the owner shall serve
26 written notice thereof upon the cable television franchisee.
27 Any such notice shall be served within 20 days of the date on
28 which such owner is notified of the cable television
29 franchisee's intention to construct or install cable
30 television facilities in and upon such building, or upon,
31 beneath or over such real estate. Unless timely notice as
32 herein provided is given by the owner to the cable television
33 franchisee, it will be conclusively presumed that the owner
34 of any such building or real estate does not claim or intend
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1 to require a payment of more than $1 in exchange and as just
2 compensation for permitting the installation of cable
3 television facilities within and upon such building, or upon,
4 beneath or over such real estate. In any instance in which a
5 cable television franchisee intends to install cable
6 television facilities as herein provided, written notice of
7 such intention shall be sent by the cable television
8 franchisee to the property owner or to such person,
9 association or managing agent as shall have been appointed or
10 otherwise designated to manage or operate the property. Such
11 notice shall include the address of the property, the name of
12 the cable television franchisee, and information as to the
13 time within which the owner may give notice, demand payment
14 as just compensation and initiate legal proceedings as
15 provided in this subparagraph (c) and subparagraph (d). In
16 any instance in which a community antenna television company
17 intends to install cable television facilities within a
18 residential building containing 12 or more residential units
19 or upon, beneath, or over real estate that is used as a site
20 for 12 or more manufactured housing units, 12 or more mobile
21 homes, or a combination of 12 or more manufactured housing
22 units and mobile homes, the written notice shall further
23 provide that the property owner may require that the
24 community antenna television company submit to the owner
25 written plans identifying the manner in which cable
26 television facilities are to be installed, including the
27 proposed location of coaxial cable. Approval of such plans
28 by the property owner shall not be unreasonably withheld and
29 such owners' consent to and approval of such plans shall be
30 presumed unless, within 30 days after receipt thereof, or in
31 the case of a condominium association, 90 days after receipt
32 thereof, the property owner identifies in writing the
33 specific manner in which such plans deviate from generally
34 accepted construction or safety standards, and unless the
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1 property owner contemporaneously submits an alternative
2 construction plan providing for the installation of cable
3 television facilities in an economically feasible manner.
4 The community antenna television company may proceed with the
5 plans originally submitted if an alternative plan is not
6 submitted by the property owner within 30 days, or in the
7 case of a condominium association, 90 days, or if an
8 alternative plan submitted by the property owner fails to
9 comply with generally accepted construction and safety
10 standards or does not provide for the installation of cable
11 television facilities in an economically feasible manner. For
12 purposes of this subsection, "mobile home" and "manufactured
13 housing unit" have the same meaning as in the Illinois
14 Manufactured Housing and Mobile Home Safety Act.
15 (d) Any owner of a residential building described in
16 subparagraph (a), and any owner of improved or unimproved
17 real estate described in subparagraph (b), who shall have
18 given timely written notice to the cable television
19 franchisee as provided in subparagraph (c), may assert a
20 claim for just compensation in excess of $1 for permitting
21 the installation of cable television facilities within and
22 upon such building, or upon, beneath or over such real
23 estate. Within 30 days after notice has been given in
24 accordance with subparagraph (c), the owner shall advise the
25 cable television franchisee in writing of the amount claimed
26 as just compensation. If within 60 days after the receipt of
27 the owner's claim, the cable television franchisee has not
28 agreed to pay the amount claimed or some other amount
29 acceptable to the owner, the owner may bring suit to enforce
30 such claim for just compensation in any court of competent
31 jurisdiction and, upon timely demand, may require that the
32 amount of just compensation be determined by a jury. Any such
33 action shall be commenced within 6 months of the notice given
34 by the cable television franchisee pursuant to subparagraph
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1 (c) hereof. In any action brought to determine such amount,
2 the owner may submit evidence of a decrease in the fair
3 market value of the property occasioned by the installation
4 or location of the cable on the property, that the owner has
5 a specific alternative use for the space occupied by cable
6 television facilities, the loss of which will result in a
7 monetary loss to the owner, or that installation of cable
8 television facilities within and upon such building or upon,
9 beneath or over such real estate otherwise substantially
10 interferes with the use and occupancy of such building to an
11 extent which causes a decrease in the fair market value of
12 such building or real estate.
13 (e) Neither the giving of a notice by the owner under
14 subparagraph (c), nor the assertion of a specific claim, nor
15 the initiation of legal action to enforce such claim, as
16 provided under subparagraph (d), shall delay or impair the
17 right of the cable television franchisee to construct or
18 install cable television facilities and maintain cable
19 television services within or upon any building described in
20 subparagraph (a) or upon, beneath or over real estate
21 described in 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.)".