State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]

90_SB0999enr

      55 ILCS 5/5-1095          from Ch. 34, par. 5-1095
      65 ILCS 5/11-42-11        from Ch. 24, par. 11-42-11
          Amends the Counties Code and the Illinois Municipal Code.
      Provides that when deciding whether to  grant  an  additional
      cable  television  franchise, the franchising authority shall
      consider the statutory factors and consider and evaluate  the
      terms  and conditions of the existing franchise and the terms
      and conditions of the proposed franchise.  Provides  that  if
      it  is  determined  to  be  in the best interest to grant the
      additional franchise, the franchising authority must  make  a
      written finding that the terms and conditions of the proposed
      franchise  are  no more favorable or less burdensome than the
      terms and conditions of the existing franchise and grant  the
      franchise.  Provides the decision as to whether the terms and
      conditions  are  equivalent rests solely with the franchising
      authority.  Provides that counties and municipalities are not
      subject to suit for damages based upon the decision to  grant
      or   refusal   to   grant   additional  franchise.  Effective
      immediately.
                                                     LRB9001711DNsb
SB999 Enrolled                                 LRB9001711DNsb
 1        AN ACT concerning community antenna  television  systems,
 2    amending named Acts.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Counties  Code  is  amended  by  changing
 6    Section 5-1095 as follows:
 7        (55 ILCS 5/5-1095) (from Ch. 34, par. 5-1095)
 8        Sec.   5-1095.   Community  antenna  television  systems;
 9    satellite transmitted television programming.
10        (a)  The County Board may license, tax or  franchise  the
11    business  of  operating a community antenna television system
12    or systems within the County and outside of  a  municipality,
13    as defined in Section 1-1-2 of the Illinois Municipal Code.
14        When  an  area is annexed to a municipality, the annexing
15    municipality shall thereby become the  franchising  authority
16    with  respect  to  that  portion  of  any  community  antenna
17    television  system  that,  immediately before annexation, had
18    provided cable television services within  the  annexed  area
19    under  a  franchise  granted  by the county, and the owner of
20    that community antenna television  system  shall  thereby  be
21    authorized  to  provide  cable television services within the
22    annexed area under the terms and provisions of  the  existing
23    franchise.   In  that instance, the franchise shall remain in
24    effect until, by its  terms,  it  expires,  except  that  any
25    franchise  fees  payable under the franchise shall be payable
26    only to the county for a period of 5 years or until,  by  its
27    terms,  the franchise expires, whichever occurs first.  After
28    the 5 year period,  any  franchise  fees  payable  under  the
29    franchise shall be paid to the annexing municipality.  In any
30    instance   in  which  a  duly  franchised  community  antenna
31    television system  is  providing  cable  television  services
SB999 Enrolled             -2-                 LRB9001711DNsb
 1    within  the  annexing municipality at the time of annexation,
 2    the annexing  municipality  may  permit  that  franchisee  to
 3    extend its community antenna television system to the annexed
 4    area  under  terms and conditions that are no more burdensome
 5    nor less favorable to  that  franchisee  than  those  imposed
 6    under  any  community antenna television franchise applicable
 7    to  the  annexed  area  at  the  time  of  annexation.    The
 8    authorization to  extend  cable  television  service  to  the
 9    annexed  area  and  any  community  antenna television system
10    authorized to provide cable television  services  within  the
11    annexed  area  at the time of annexation shall not be subject
12    to the provisions of subsection (e) of this Section.
13        (b)  "Community antenna television  system"  as  used  in
14    this  Section,  means  any  facility  which is constructed in
15    whole or in part in, on, under or over any highway  or  other
16    public  place  and  which is operated to perform for hire the
17    service of receiving and amplifying the signals broadcast  by
18    one  or  more  television  stations  and  redistributing such
19    signals by wire, cable or  other  means  to  members  of  the
20    public  who  subscribe  to such service except that such term
21    does not include (i) any system which serves  fewer  than  50
22    subscribers   or  (ii)  any  system  which  serves  only  the
23    residents of one or more  apartment  dwellings  under  common
24    ownership,    control    or    management,   and   commercial
25    establishments located on the premises of such dwellings.
26        (c)  The authority hereby granted does  not  include  the
27    authority to license or franchise telephone companies subject
28    to  the  jurisdiction  of the Illinois Commerce Commission or
29    the Federal  Communications  Commission  in  connection  with
30    furnishing circuits, wires, cables or other facilities to the
31    operator of a community antenna television system.
32        The  County  Board may, in the course of franchising such
33    community antenna television system, grant to such franchisee
34    the authority and the right and permission to use all  public
SB999 Enrolled             -3-                 LRB9001711DNsb
 1    streets,  rights  of  way,  alleys,  ways  for public service
 2    facilities, parks,  playgrounds,  school  grounds,  or  other
 3    public  grounds,  in  which such county may have an interest,
 4    for the construction, installation,  operation,  maintenance,
 5    alteration, addition, extension or improvement of a community
 6    antenna television system.
 7        Any  charge  imposed  by  a  community antenna television
 8    system franchised pursuant to this Section for the raising or
 9    removal of cables or lines to permit passage on, to or from a
10    street  shall  not  exceed  the  reasonable  costs  of   work
11    reasonably necessary to safely permit such passage.  Pursuant
12    to subsections (h) and (i) of Section 6 of Article VII of the
13    Constitution  of  the State of Illinois, the General Assembly
14    declares the regulation of charges which may  be  imposed  by
15    community  antenna  television  systems  for  the  raising or
16    removal of cables or lines to permit passage on, to  or  from
17    streets is a power or function to be exercised exclusively by
18    the  State  and not to be exercised or performed concurrently
19    with the State by any unit of local government, including any
20    home rule unit.
21        The  County  Board  may,  upon  written  request  by  the
22    franchisee of a community antenna television system, exercise
23    its right  of  eminent  domain  solely  for  the  purpose  of
24    granting  an  easement right no greater than 8 feet in width,
25    extending no greater than 8 feet from any lot  line  for  the
26    purpose  of  extending cable across any parcel of property in
27    the manner  provided  for  by  the  law  of  eminent  domain,
28    provided,  however,  such franchisee deposits with the county
29    sufficient security to pay all costs incurred by  the  county
30    in the exercise of its right of eminent domain.
31        Except   as   specifically  provided  otherwise  in  this
32    Section, this Section is not a limitation on  any  home  rule
33    county.
34        (d)  The   General   Assembly  finds  and  declares  that
SB999 Enrolled             -4-                 LRB9001711DNsb
 1    satellite-transmitted  television   programming   should   be
 2    available   to   those   who  desire  to  subscribe  to  such
 3    programming and that decoding devices should be obtainable at
 4    reasonable  prices  by  those  who  are  unable   to   obtain
 5    satellite-transmitted  television  programming  through  duly
 6    franchised community antenna television systems.
 7        In  any  instance  in  which a person is unable to obtain
 8    satellite-transmitted television programming through  a  duly
 9    franchised community antenna television system either because
10    the  municipality and county in which such person resides has
11    not granted a franchise to operate and maintain  a  community
12    antenna  television  system,  or  because the duly franchised
13    community antenna television system operator  does  not  make
14    cable  television  services  available  to  such  person, any
15    programming  company  that   delivers   satellite-transmitted
16    television  programming  in scrambled or encrypted form shall
17    ensure that devices for decryption of  such  programming  are
18    made  available  to  such person, through the local community
19    antenna television operator  or  directly,  for  purchase  or
20    lease at prices reasonably related to the cost of manufacture
21    and distribution of such devices.
22        (e)  The  General  Assembly  finds  and declares that, in
23    order to ensure that community  antenna  television  services
24    are  provided  in  an  orderly,  competitive and economically
25    sound manner, the best interests of the public will be served
26    by  the  establishment  of  certain  minimum  standards   and
27    procedures  for  the  granting of additional cable television
28    franchises.
29        Subject  to  the  provisions  of  this  subsection,   the
30    authority  granted  under subsection (a) hereof shall include
31    the authority to license, franchise and  tax  more  than  one
32    cable   operator  to  provide  community  antenna  television
33    services  within  the  territorial   limits   of   a   single
34    franchising  authority.  For purposes of this subsection (e),
SB999 Enrolled             -5-                 LRB9001711DNsb
 1    the term:
 2             (i)  "Existing cable television franchise"  means  a
 3        community  antenna  television  franchise  granted  by  a
 4        county  which  is in use at the time such county receives
 5        an application or request by another cable operator for a
 6        franchise to provide cable  antenna  television  services
 7        within  all  or any portion of the territorial area which
 8        is or may be served under the existing  cable  television
 9        franchise.
10             (ii)  "Additional  cable television franchise" means
11        a  franchise  pursuant   to   which   community   antenna
12        television   services   may   be   provided   within  the
13        territorial areas, or any portion thereof, which  may  be
14        served under an existing cable television franchise.
15             (iii)  "Franchising  Authority"  is  defined as that
16        term  is  defined  under  Section  602(9)  of  the  Cable
17        Communications Policy Act of 1984, Public Law 98-549.
18             (iv)  "Cable operator" is defined as  that  term  is
19        defined  under Section 602(4) of the Cable Communications
20        Policy Act of 1984, Public Law 98-549.
21        Before granting an additional cable television franchise,
22    the franchising authority shall:
23             (1)  Give written notice to the owner or operator of
24        any other community antenna television system  franchised
25        to serve all or any portion of the territorial area to be
26        served  by  such  additional  cable television franchise,
27        identifying the applicant for such  additional  franchise
28        and  specifying  the  date,  time  and place at which the
29        franchising authority shall conduct  public  hearings  to
30        consider  and  determine  whether  such  additional cable
31        television franchise should be granted.
32             (2)  Conduct  a  public  hearing  to  determine  the
33        public  need  for  such   additional   cable   television
34        franchise,   the  capacity  of  public  rights-of-way  to
SB999 Enrolled             -6-                 LRB9001711DNsb
 1        accommodate such additional community antenna  television
 2        services,  the  potential disruption to existing users of
 3        public  rights-of-way  to  be  used  by  such  additional
 4        franchise  applicant  to  complete  construction  and  to
 5        provide cable television  services  within  the  proposed
 6        franchise  area,  the  long  term economic impact of such
 7        additional cable television system within the  community,
 8        and such other factors as the franchising authority shall
 9        deem appropriate.
10             (3)  Determine,  based  upon  the foregoing factors,
11        whether  it  is  in  the  best  interest  of  the  county
12        municipality to grant such  additional  cable  television
13        franchise.
14             (4)  If  the  franchising  authority shall determine
15        that  it  is  in  the  best  interest   of   the   county
16        municipality  to do so, it may grant the additional cable
17        television franchise.  Except as  provided  in  paragraph
18        (5)  of  this  subsection  (e),  provided  that  no  such
19        additional  cable  television  franchise shall be granted
20        under  terms  or  conditions  more  favorable   or   less
21        burdensome to the applicant than those required under the
22        existing  cable  television  franchise, including but not
23        limited  to  terms  and  conditions  pertaining  to   the
24        territorial  extent  of  the  franchise,  system  design,
25        technical  performance standards, construction schedules,
26        performance  bonds,  standards   for   construction   and
27        installation  of  cable television facilities, service to
28        subscribers, public educational and  governmental  access
29        channels    and   programming,   production   assistance,
30        liability and indemnification, and franchise fees.
31             (5)  Unless the existing cable television  franchise
32        provides  that  any additional cable television franchise
33        shall be subject  to  the  same  terms  or  substantially
34        equivalent  terms and conditions as those of the existing
SB999 Enrolled             -7-                 LRB9001711DNsb
 1        cable television franchise, the franchising authority may
 2        grant an  additional  cable  television  franchise  under
 3        different terms and conditions than those of the existing
 4        franchise, in which event the franchising authority shall
 5        enter  into  good  faith  negotiations  with the existing
 6        franchisee and shall, within 120 days after the effective
 7        date of the additional cable television franchise, modify
 8        the existing cable television franchise in a  manner  and
 9        to  the  extent  necessary  to  ensure  that  neither the
10        existing cable television franchise  nor  the  additional
11        cable   television  franchise,  each  considered  in  its
12        entirety,  provides  a  competitive  advantage  over  the
13        other, provided that  prior  to  modifying  the  existing
14        cable  television  franchise,  the  franchising authority
15        shall have conducted a public  hearing  to  consider  the
16        proposed modification.   No modification in the terms and
17        conditions  of  the  existing  cable television franchise
18        shall oblige the existing cable television franchisee (1)
19        to  make  any  additional  payment  to  the   franchising
20        authority,   including  the  payment  of  any  additional
21        franchise  fee,  (2)  to   engage   in   any   additional
22        construction  of the existing cable television system or,
23        (3)  to  modify  the  specifications  or  design  of  the
24        existing cable television system; and  the  inclusion  of
25        the  factors identified in items (2) and (3) shall not be
26        considered  in  determining  whether   either   franchise
27        considered  in  its entirety, has a competitive advantage
28        over the other except to the extent that  the  additional
29        franchisee  provides additional video or data services or
30        the equipment or facilities necessary to generate and  or
31        carry  such  service.    No modification in the terms and
32        conditions of the  existing  cable  television  franchise
33        shall be made if the existing cable television franchisee
34        elects  to  continue  to  operate  under  all  terms  and
SB999 Enrolled             -8-                 LRB9001711DNsb
 1        conditions of the existing franchise.
 2             If   within  the  120  day  period  the  franchising
 3        authority and the existing  cable  television  franchisee
 4        are  unable  to  reach  agreement on modifications to the
 5        existing cable television franchise, then the franchising
 6        authority shall  modify  the  existing  cable  television
 7        franchise, effective 45 days thereafter, in a manner, and
 8        only  to the extent, that the terms and conditions of the
 9        existing  cable  television  franchise  shall  no  longer
10        impose any duty or obligation on the existing  franchisee
11        which  is  not  also  imposed  under the additional cable
12        television franchise; however, if by the modification the
13        existing  cable  television  franchisee  is  relieved  of
14        duties or obligations not imposed  under  the  additional
15        cable  television franchise, then within the same 45 days
16        and following a public hearing concerning modification of
17        the additional cable television franchise within that  45
18        day  period,  the  franchising authority shall modify the
19        additional  cable  television  franchise  to  the  extent
20        necessary to  insure  that  neither  the  existing  cable
21        television  franchise nor the additional cable television
22        franchise, each considered in its entirety, shall have  a
23        competitive advantage over the other.
24        No county shall be subject to suit for damages based upon
25    the  county's  determination to grant or its refusal to grant
26    an additional cable television  franchise,  provided  that  a
27    public  hearing  as  herein  provided  has  been held and the
28    franchising authority has determined that it is  not  in  the
29    best  interest of the county to grant or refuse to grant such
30    additional franchise, as the case may be.
31        It is declared to be the law of this State,  pursuant  to
32    paragraphs  (h)  and  (i)  of Section 6 of Article VII of the
33    Illinois Constitution,  that  the  establishment  of  minimum
34    standards and procedures for the granting of additional cable
SB999 Enrolled             -9-                 LRB9001711DNsb
 1    television  franchises  as provided in this subsection (e) is
 2    an exclusive  State  power  and  function  that  may  not  be
 3    exercised concurrently by a home rule unit.
 4    (Source: P.A. 86-962; 86-1410; revised 1-27-97.)
 5        Section  10.  The  Illinois  Municipal Code is amended by
 6    changing Section 11-42-11 as follows:
 7        (65 ILCS 5/11-42-11) (from Ch. 24, par. 11-42-11)
 8        Sec. 11-42-11.   Community  antenna  television  systems;
 9    satellite transmitted television programming.
10        (a)  The  corporate  authorities of each municipality may
11    license, franchise  and  tax  the  business  of  operating  a
12    community  antenna  television system as hereinafter defined.
13    In municipalities with less than 2,000,000  inhabitants,  the
14    corporate  authorities  may  own  (or  lease  as  lessee) and
15    operate  a  community  antenna  television  system.    Before
16    acquiring,   constructing,   or  commencing  operation  of  a
17    community antenna television system, the  municipality  shall
18    comply with the following:
19             (1)  Give written notice to the owner or operator of
20        any  other community antenna television system franchised
21        to serve all or any portion of the territorial area to be
22        served by the municipality's community antenna television
23        system, specifying the date, time, and place at which the
24        municipality shall conduct public  hearings  to  consider
25        and  determine  whether  the municipality should acquire,
26        construct, or commence operation of a  community  antenna
27        television   system.    The   public  hearings  shall  be
28        conducted at least 14 days after this notice is given.
29             (2)  Publish a notice of the hearing in  2  or  more
30        newspapers   published  in  the  county,  city,  village,
31        incorporated town, or town, as the case may be.  If there
32        is no such newspaper, then notice shall be  published  in
SB999 Enrolled             -10-                LRB9001711DNsb
 1        any  2  or  more  newspapers  published in the county and
 2        having a general circulation  throughout  the  community.
 3        The  public  hearings shall be conducted at least 14 days
 4        after this notice is given.
 5             (3)  Conduct a public hearing to determine the means
 6        by which construction, maintenance, and operation of  the
 7        system will be financed, including whether the use of tax
 8        revenues or other fees will be required.
 9        (b)  The  words  "community  antenna  television  system"
10    shall  mean  any facility which is constructed in whole or in
11    part in, on, under or over any highway or other public  place
12    and  which  is  operated  to  perform for hire the service of
13    receiving and amplifying the signals broadcast by one or more
14    television stations and redistributing such signals by  wire,
15    cable  or  other means to members of the public who subscribe
16    to such  service;  except  that  such  definition  shall  not
17    include   (i)  any  system  which  serves  fewer  than  fifty
18    subscribers,  or  (ii)  any  system  which  serves  only  the
19    residents of one or more  apartment  dwellings  under  common
20    ownership,    control    or    management,   and   commercial
21    establishments located on the premises of such dwellings.
22        (c)  The  authority  hereby  granted  does  not   include
23    authority  to  license,  franchise or tax telephone companies
24    subject to jurisdiction of the Illinois  Commerce  Commission
25    or  the  Federal Communications Commission in connection with
26    the  furnishing  of  circuits,  wires,  cables,   and   other
27    facilities  to the operator of a community antenna television
28    system.
29        The corporate authorities of each  municipality  may,  in
30    the  course  of franchising such community antenna television
31    system, grant to such franchisee the authority and the  right
32    and  permission  to  use  all  public streets, rights of way,
33    alleys,  ways   for   public   service   facilities,   parks,
34    playgrounds,  school  grounds,  or  other  public grounds, in
SB999 Enrolled             -11-                LRB9001711DNsb
 1    which  such  municipality  may  have  an  interest,  for  the
 2    construction,    installation,    operation,     maintenance,
 3    alteration, addition, extension or improvement of a community
 4    antenna television system.
 5        Any  charge  imposed  by  a  community antenna television
 6    system franchised pursuant to this Section for the raising or
 7    removal of cables or lines to permit passage on, to or from a
 8    street  shall  not  exceed  the  reasonable  costs  of   work
 9    reasonably necessary to safely permit such passage.  Pursuant
10    to subsections (h) and (i) of Section 6 of Article VII of the
11    Constitution  of  the State of Illinois, the General Assembly
12    declares the regulation of charges which may  be  imposed  by
13    community  antenna  television  systems  for  the  raising or
14    removal of cables or lines to permit passage on, to  or  from
15    streets is a power or function to be exercised exclusively by
16    the  State  and not to be exercised or performed concurrently
17    with the State by any unit of local government, including any
18    home rule unit.
19        The  municipality  may,  upon  written  request  by   the
20    franchisee of a community antenna television system, exercise
21    its  right  of  eminent  domain  solely  for  the  purpose of
22    granting an easement right no greater than 8 feet  in  width,
23    extending  no  greater  than 8 feet from any lot line for the
24    purpose of extending cable across any parcel of  property  in
25    the  manner  provided by the law of eminent domain, provided,
26    however,  such  franchisee  deposits  with  the  municipality
27    sufficient  security  to  pay  all  costs  incurred  by   the
28    municipality in the exercise of its right of eminent domain.
29        (d)  The   General   Assembly  finds  and  declares  that
30    satellite-transmitted  television   programming   should   be
31    available   to   those   who  desire  to  subscribe  to  such
32    programming and that decoding devices should be obtainable at
33    reasonable  prices  by  those  who  are  unable   to   obtain
34    satellite-transmitted  television  programming  through  duly
SB999 Enrolled             -12-                LRB9001711DNsb
 1    franchised community antenna television systems.
 2        In  any  instance  in  which a person is unable to obtain
 3    satellite-transmitted television programming through  a  duly
 4    franchised community antenna television system either because
 5    the  municipality and county in which such person resides has
 6    not granted a franchise to operate and maintain  a  community
 7    antenna  television  system,  or  because the duly franchised
 8    community antenna television system operator  does  not  make
 9    cable  television  services  available  to  such  person, any
10    programming  company  that   delivers   satellite-transmitted
11    television  programming  in scrambled or encrypted form shall
12    ensure that devices for description of such  programming  are
13    made  available  to  such person, through the local community
14    antenna television operator  or  directly,  for  purchase  or
15    lease at prices reasonably related to the cost of manufacture
16    and distribution of such devices.
17        (e)  The  General  Assembly  finds  and declares that, in
18    order to ensure that community  antenna  television  services
19    are  provided  in  an  orderly,  competitive and economically
20    sound manner, the best interests of the public will be served
21    by  the  establishment  of  certain  minimum  standards   and
22    procedures  for  the  granting of additional cable television
23    franchises.
24        Subject  to  the  provisions  of  this  subsection,   the
25    authority  granted  under subsection (a) hereof shall include
26    the authority to license, franchise and  tax  more  than  one
27    cable   operator  to  provide  community  antenna  television
28    services within the corporate limits of a single  franchising
29    authority.  For purposes of this subsection (e), the term:
30             (i)  "Existing  cable  television franchise" means a
31        community  antenna  television  franchise  granted  by  a
32        municipality  which  is  in  use   at   the   time   such
33        municipality   receives  an  application  or  request  by
34        another cable operator for a franchise to  provide  cable
SB999 Enrolled             -13-                LRB9001711DNsb
 1        antenna  television services within all or any portion of
 2        the territorial area which is or may be served under  the
 3        existing cable television franchise.
 4             (ii)  "Additional  cable television franchise" means
 5        a  franchise  pursuant   to   which   community   antenna
 6        television   services   may   be   provided   within  the
 7        territorial areas, or any portion thereof, which  may  be
 8        served under an existing cable television franchise.
 9             (iii)  "Franchising  Authority"  is  defined as that
10        term  is  defined  under  Section  602(9)  of  the  Cable
11        Communications Policy Act of 1984, Public Law 98-549, but
12        does not include any municipality with  a  population  of
13        1,000,000 or more.
14             (iv)  "Cable  operator"  is  defined as that term is
15        defined under Section 602(4) of the Cable  Communications
16        Policy Act of 1984, Public Law 98-549.
17        Before granting an additional cable television franchise,
18    the franchising authority shall:
19             (1)  Give written notice to the owner or operator of
20        any  other community antenna television system franchised
21        to serve all or any portion of the territorial area to be
22        served by such  additional  cable  television  franchise,
23        identifying  the  applicant for such additional franchise
24        and specifying the date, time  and  place  at  which  the
25        franchising  authority  shall  conduct public hearings to
26        consider and  determine  whether  such  additional  cable
27        television franchise should be granted.
28             (2)  Conduct  a  public  hearing  to  determine  the
29        public   need   for   such  additional  cable  television
30        franchise,  the  capacity  of  public  rights-of-way   to
31        accommodate  such additional community antenna television
32        services, the potential disruption to existing  users  of
33        public  rights-of-way  to  be  used  by  such  additional
34        franchise  applicant  to  complete  construction  and  to
SB999 Enrolled             -14-                LRB9001711DNsb
 1        provide  cable  television  services  within the proposed
 2        franchise area, the long term  economic  impact  of  such
 3        additional  cable television system within the community,
 4        and such other factors as the franchising authority shall
 5        deem appropriate.
 6             (3)  Determine, based upon  the  foregoing  factors,
 7        whether it is in the best interest of the municipality to
 8        grant such additional cable television franchise.
 9             (4)  If  the  franchising  authority shall determine
10        that it is in the best interest of the municipality to do
11        so,  it  may  grant  the  additional   cable   television
12        franchise.   Except  as provided in paragraph (5) of this
13        subsection (e), provided that no  such  additional  cable
14        television  franchise  shall  be  granted  under terms or
15        conditions more  favorable  or  less  burdensome  to  the
16        applicant  than  those  required under the existing cable
17        television franchise, including but not limited to  terms
18        and  conditions  pertaining  to the territorial extent of
19        the  franchise,  system  design,  technical   performance
20        standards,   construction  schedules,  performance bonds,
21        standards for  construction  and  installation  of  cable
22        television  facilities,  service  to  subscribers, public
23        educational  and   governmental   access   channels   and
24        programming,   production   assistance,   liability   and
25        indemnification, and franchise fees.
26             (5)  Unless  the existing cable television franchise
27        provides that any additional cable  television  franchise
28        shall  be  subject  to  the  same  terms or substantially
29        equivalent terms and conditions as those of the  existing
30        cable television franchise, the franchising authority may
31        grant  an  additional  cable  television  franchise under
32        different terms and conditions than those of the existing
33        franchise, in which event the franchising authority shall
34        enter into good  faith  negotiations  with  the  existing
SB999 Enrolled             -15-                LRB9001711DNsb
 1        franchisee and shall, within 120 days after the effective
 2        date of the additional cable television franchise, modify
 3        the  existing  cable television franchise in a manner and
 4        to the  extent  necessary  to  ensure  that  neither  the
 5        existing  cable  television  franchise nor the additional
 6        cable  television  franchise,  each  considered  in   its
 7        entirety,  provides  a  competitive  advantage  over  the
 8        other,  provided  that  prior  to  modifying the existing
 9        cable television  franchise,  the  franchising  authority
10        shall  have  conducted  a  public hearing to consider the
11        proposed modification.   No modification in the terms and
12        conditions of the  existing  cable  television  franchise
13        shall oblige the existing cable television franchisee (1)
14        to   make  any  additional  payment  to  the  franchising
15        authority,  including  the  payment  of  any   additional
16        franchise   fee,   (2)   to   engage  in  any  additional
17        construction of the existing cable television system  or,
18        (3)  to  modify  the  specifications  or  design  of  the
19        existing  cable  television  system; and the inclusion of
20        the factors identified in items (2) and (3) shall not  be
21        considered   in   determining  whether  either  franchise
22        considered in its entirety, has a  competitive  advantage
23        over  the  other except to the extent that the additional
24        franchisee provides additional video or data services  or
25        the  equipment or facilities necessary to generate and or
26        carry such service.   No modification in  the  terms  and
27        conditions  of  the  existing  cable television franchise
28        shall be made if the existing cable television franchisee
29        elects  to  continue  to  operate  under  all  terms  and
30        conditions of the existing franchise.
31             If  within  the  120  day  period  the   franchising
32        authority  and  the  existing cable television franchisee
33        are unable to reach agreement  on  modifications  to  the
34        existing cable television franchise, then the franchising
SB999 Enrolled             -16-                LRB9001711DNsb
 1        authority  shall  modify  the  existing  cable television
 2        franchise, effective 45 days thereafter, in a manner, and
 3        only to the extent, that the terms and conditions of  the
 4        existing  cable  television  franchise  shall  no  longer
 5        impose  any duty or obligation on the existing franchisee
 6        which is not also  imposed  under  the  additional  cable
 7        television franchise; however, if by the modification the
 8        existing  cable  television  franchisee  is  relieved  of
 9        duties  or  obligations  not imposed under the additional
10        cable television franchise, then within the same 45  days
11        and following a public hearing concerning modification of
12        the  additional cable television franchise within that 45
13        day period, the franchising authority  shall  modify  the
14        additional  cable  television  franchise  to  the  extent
15        necessary  to  insure  that  neither  the  existing cable
16        television franchise nor the additional cable  television
17        franchise,  each considered in its entirety, shall have a
18        competitive advantage over the other.
19        No municipality shall be  subject  to  suit  for  damages
20    based  upon  the municipality's determination to grant or its
21    refusal to grant an additional  cable  television  franchise,
22    provided  that  a  public hearing as herein provided has been
23    held and the franchising authority has determined that it  is
24    not  in  the  best  interest  of the municipality to grant or
25    refuse to grant such additional franchise, as  the  case  may
26    be.
27        It  is  declared to be the law of this State, pursuant to
28    paragraphs (h) and (i) of Section 6 of  Article  VII  of  the
29    Illinois  Constitution,  that  the  establishment  of minimum
30    standards and procedures for the granting of additional cable
31    television franchises by  municipalities  with  a  population
32    less  than 1,000,000 as provided in this subsection (e) is an
33    exclusive State power and function that may not be  exercised
34    concurrently by a home rule unit.
SB999 Enrolled             -17-                LRB9001711DNsb
 1    (Source: P.A. 89-657, eff. 8-14-96.)
 2        Section  99.  Effective date.  This Act takes effect upon
 3    becoming law.

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