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90_SB1854
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
concerning television systems. Makes technical changes.
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1 AN ACT concerning television systems.
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; notice
9 requirements.
10 (a) In any instance in which a county has granted a
11 franchise to any community antenna television company to
12 construct, operate or maintain a cable television system
13 within a designated franchise area, no property owner,
14 condominium association, managing agent, lessee or other
15 person in possession or control of any residential building
16 located within such designated franchise area shall forbid or
17 prevent any occupant, tenant or lessee of any such building
18 from receiving cable television service from such franchisee,
19 nor demand or accept payment from any such occupant, tenant
20 or lessee in any form as a condition of permitting the
21 installation of cable television facilities or the
22 maintenance of cable television service in any such building
23 or any portion thereof occupied or leased by such occupant,
24 tenant or lessee, nor shall any such property owner,
25 condominium association, managing agent, lessee or other
26 person discriminate in rental charges or otherwise against
27 any occupant, tenant or lessee receiving cable service;
28 provided, however, that the owner of such building may
29 require, in exchange and as compensation for permitting the
30 installation of cable television facilities within and upon
31 such building, the payment of just compensation to be paid by
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1 the cable television franchisee which provides such cable
2 television service, said sum to be determined in accordance
3 with the provisions of subparagraphs (c) and (d) hereof, and
4 provided further that the cable television franchisee
5 installing such cable television facilities shall agree to
6 indemnify the owner of such building for any damage caused by
7 the installation, operation or removal of such cable
8 television facilities and service.
9 No community antenna television company shall install
10 cable television facilities within a residential building
11 pursuant to this subparagraph (a) unless an occupant, tenant
12 or lessee of such residential building requests the delivery
13 of cable television services.
14 (b) In any instance in which a county has granted a
15 franchise to any community antenna television company to
16 construct, operate or maintain a cable television system
17 within a designated franchise area, no property owner,
18 condominium association, managing agent, lessee or other
19 person in possession and control of any improved or
20 unimproved real estate located within such designated
21 franchise area shall forbid or prevent such cable television
22 franchisee from entering upon such real estate for the
23 purpose of and in connection with the construction or
24 installation of such cable television system and cable
25 television facilities, nor shall any such property owner,
26 condominium association, managing agent, lessee or other
27 person in possession or control of such real estate forbid or
28 prevent such cable television franchisee from constructing or
29 installing upon, beneath or over such real estate, including
30 any buildings or other structures located thereon, hardware,
31 cable, equipment, materials or other cable television
32 facilities utilized by such cable franchisee in the
33 construction and installation of such cable television
34 system; provided, however, that the owner of any such real
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1 estate may require, in exchange and as compensation for
2 permitting the construction or installation of cable
3 television facilities upon, beneath or over such real estate,
4 the payment of just compensation by the cable television
5 franchisee which provides such cable television service, said
6 sum to be determined in accordance with the provisions of
7 subparagraphs (c) and (d) hereof, and provided further that
8 the cable television franchisee constructing or installing
9 such cable television facilities shall agree to indemnify the
10 owner of such real estate for any damage caused by the
11 installation, operation or removal of such cable television
12 facilities and service.
13 (c) In any instance in which the owner of a residential
14 building or the owner of improved or unimproved real estate
15 intends to require the payment of just compensation in excess
16 of $1 in exchange for permitting the installation of cable
17 television facilities in and upon such building, or upon,
18 beneath or over such real estate, the owner shall serve
19 written notice thereof upon the cable television franchisee.
20 Any such notice shall be served within 20 days of the date on
21 which such owner is notified of the cable television
22 franchisee's intention to construct or install cable
23 television facilities in and upon such building, or upon,
24 beneath or over such real estate. Unless timely notice as
25 herein provided is given by the owner to the cable television
26 franchisee, it will be conclusively presumed that the owner
27 of any such building or real estate does not claim or intend
28 to require a payment of more than $1 in exchange and as just
29 compensation for permitting the installation of cable
30 television facilities within and upon such building, or upon,
31 beneath or over such real estate. In any instance in which a
32 cable television franchisee intends to install cable
33 television facilities as herein provided, written notice of
34 such intention shall be sent by the cable television
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1 franchisee to the property owner or to such person,
2 association or managing agent as shall have been appointed or
3 otherwise designated to manage or operate the property. Such
4 notice shall include the address of the property, the name of
5 the cable television franchisee, and information as to the
6 time within which the owner may give notice, demand payment
7 as just compensation and initiate legal proceedings as
8 provided in this subparagraph (c) and subparagraph (d). In
9 any instance in which a community antenna television company
10 intends to install cable television facilities within a
11 residential building containing 12 or more residential units
12 or upon, beneath, or over real estate that is used as a site
13 for 12 or more manufactured housing units, 12 or more mobile
14 homes, or a combination of 12 or more manufactured housing
15 units and mobile homes, the written notice shall further
16 provide that the property owner may require that the
17 community antenna television company submit to the owner
18 written plans identifying the manner in which cable
19 television facilities are to be installed, including the
20 proposed location of coaxial cable. Approval of those plans
21 by the property owner shall not be unreasonably withheld and
22 the owners' consent to and approval of those plans shall be
23 presumed unless, within 30 days after receipt thereof, or in
24 the case of a condominium association, 90 days after receipt
25 thereof, the property owner identifies in writing the
26 specific manner in which those plans deviate from generally
27 accepted construction or safety standards, and unless the
28 property owner contemporaneously submits an alternative
29 construction plan providing for the installation of cable
30 television facilities in an economically feasible manner.
31 The community antenna television company may proceed with the
32 plans originally submitted if an alternative plan is not
33 submitted by the property owner within 30 days, or in the
34 case of a condominium association, 90 days, or if an
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1 alternative plan submitted by the property owner fails to
2 comply with generally accepted construction and safety
3 standards or does not provide for the installation of cable
4 television facilities in an economically feasible manner. For
5 purposes of this subsection, "mobile home" and "manufactured
6 housing unit" have the same meaning as in the Illinois
7 Manufactured Housing and Mobile Home Safety Act.
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 subparagraph (a) or upon, beneath or over real estate
14 described in subparagraph (b).
15 (f) Notwithstanding the foregoing, no community antenna
16 television company shall enter upon any real estate or rights
17 of way in the possession or control of any public utility,
18 railroad or owner or operator of an oil, petroleum product,
19 chemical or gas pipeline to install or remove cable
20 television facilities or to provide underground maintenance
21 or repair services with respect thereto, prior to delivery to
22 the public utility, railroad or pipeline owner or operator of
23 written notice of intent to enter, install, maintain or
24 remove. No entry shall be made until at least 15 business
25 days after receipt of such written notice. Such written
26 notice, which shall be delivered to the registered agent of
27 such public utility, railroad or pipeline owner or operator
28 shall include the following information:
29 (i) The date of the proposed installation, maintenance,
30 repair or removal and projected length of time required to
31 complete such installation, maintenance, repair or removal;
32 (ii) The manner and method of such installation,
33 maintenance, repair or removal;
34 (iii) The location of the proposed entry and path of
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1 cable television facilities proposed to be placed, repaired,
2 maintained or removed upon the real estate or right of way;
3 and
4 (iv) The written agreement of the community antenna
5 television company to indemnify and hold harmless such public
6 utility, railroad or pipeline owner or operator from the
7 costs of any damages directly or indirectly caused by the
8 installation, maintenance, repair, operation, or removal of
9 cable television facilities. Upon request of the public
10 utility, railroad, or owner or operator of an oil, petroleum
11 product, chemical or gas pipeline, the community antenna
12 television company shall provide proof that it has purchased
13 and will maintain a policy or policies of insurance in
14 amounts sufficient to provide coverage for personal injury
15 and property damage losses caused by or resulting from the
16 installation, maintenance, repair or removal of cable
17 television facilities. The written agreement shall provide
18 that the community antenna television company shall maintain
19 such policies of insurance in full force and effect as long
20 as cable television facilities remain on the real estate or
21 right of way.
22 Within 15 business days of receipt of the written prior
23 notice of entry the public utility, railroad or pipeline
24 owner or operator shall investigate and determine whether or
25 not the proposed entry and installation or repair,
26 maintenance, or removal would create a dangerous condition
27 threatening the safety of the public or the safety of its
28 employees or threatening to cause an interruption of the
29 furnishing of vital transportation, utility or pipeline
30 services and upon so finding shall so notify the community
31 antenna television company of such decision in writing.
32 Initial determination of the existence of such a dangerous
33 condition or interruption of services shall be made by the
34 public utility, railroad or pipeline owner or operator whose
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1 real estate or right of way is involved. In the event that
2 the community antenna television company disagrees with such
3 determination, a determination of whether such entry and
4 installation, maintenance, repair or removal would create
5 such a dangerous condition or interrupt services shall be
6 made by a court of competent jurisdiction upon the
7 application of such community antenna television company. An
8 initial written determination of a public utility, railroad,
9 or pipeline owner or operator timely made and transmitted to
10 the community antenna television company, in the absence of a
11 determination by a court of competent jurisdiction finding to
12 the contrary, bars the entry of the community antenna
13 television company upon the real estate or right of way for
14 any purpose.
15 Any public utility, railroad or pipeline owner or
16 operator may assert a written claim against any community
17 antenna television company for just compensation within 30
18 days after written notice has been given in accordance with
19 this subparagraph (f). If, within 60 days after the receipt
20 of such claim for compensation, the community antenna
21 television company has not agreed to the amount claimed or
22 some other amount acceptable to the public utility, railroad
23 or pipeline owner or operator, the public utility, railroad
24 or pipeline owner or operator may bring suit to enforce such
25 claim for just compensation in any court of competent
26 jurisdiction and, upon timely demand, may require that the
27 amount of just compensation be determined by a jury. Any
28 such action shall be commenced within 6 months of the notice
29 provided for in this subparagraph (f). In any action brought
30 to determine such just compensation, the public utility,
31 railroad or pipeline owner or operator may submit such
32 evidence as may be relevant to the issue of just
33 compensation. Neither the assertion of a claim for
34 compensation nor the initiation of legal action to enforce
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1 such claim shall delay or impair the right of the community
2 antenna television company to construct or install cable
3 television facilities upon any real estate or rights of way
4 of any public utility, railroad or pipeline owner or
5 operator.
6 To the extent that the public utility, railroad, or owner
7 or operator of an oil, petroleum product, chemical or gas
8 pipeline deems it appropriate to supervise, monitor or
9 otherwise assist the community antenna television company in
10 connection with the installation, maintenance, repair or
11 removal of cable television facilities upon such real estate
12 or rights of way, the community antenna television company
13 shall reimburse the public utility, railroad or owner or
14 operator of an oil, petroleum product, chemical or gas
15 pipeline for costs reasonable and actually incurred in
16 connection therewith.
17 The provisions of this subparagraph (f) shall not be
18 applicable to any easements, rights of way or ways for public
19 service facilities in which public utilities, other than
20 railroads, have any interest pursuant to "an Act to revise
21 the law in relation to plats" approved March 21, 1874, and
22 all ordinances enacted pursuant thereto. Such easements,
23 rights of way and ways for public service facilities are
24 hereby declared to be apportionable and upon written request
25 by a community antenna television company, public utilities
26 shall make such easements, rights of way and ways for public
27 service facilities available for the construction,
28 maintenance, repair or removal of cable television facilities
29 provided that such construction, maintenance, repair or
30 removal does not create a dangerous condition threatening the
31 safety of the public or the safety of such public utility
32 employees or threatening to cause an interruption of the
33 furnishing of vital utility service. Initial determination
34 of the existence of such a dangerous condition or
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1 interruption of services shall be made by the public utility
2 whose easement, right of way or way for public service
3 facility is involved. In the event the community antenna
4 television company disagrees with such determination, a
5 determination of whether such construction, maintenance,
6 repair or removal would create such a dangerous condition or
7 threaten to interrupt vital utility services, shall be made
8 by a court of competent jurisdiction upon the application of
9 such community antenna television company.
10 In addition to such other notices as may be required by
11 this subparagraph (f), a community antenna television company
12 shall not enter upon the real estate or rights of way of any
13 public utility, railroad or pipeline owner or operator for
14 the purposes of above-ground maintenance or repair of its
15 television cable facilities without giving 96 hours prior
16 written notice to the registered agent of the public utility,
17 railroad or pipeline owner or operator involved, or in the
18 case of a public utility, notice may be given through the
19 statewide one-call notice system provided for by General
20 Order of the Illinois Commerce Commission or, if in Chicago,
21 through the system known as the Chicago Utility Alert
22 Network.
23 (Source: P.A. 90-450, eff. 1-1-98.)
24 Section 10. The Illinois Municipal Code is amended by
25 changing Section 11-42-11.1 as follows:
26 (65 ILCS 5/11-42-11.1) (from Ch. 24, par. 11-42-11.1)
27 Sec. 11-42-11.1. Community antenna television systems.
28 (a) In any instance in which a municipality has (i)
29 granted a franchise to any community antenna television
30 company or (ii) decided for the municipality itself to
31 construct, operate or maintain a cable television system
32 within a designated area, no property owner, condominium
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1 association, managing agent, lessee or other person in
2 possession or control of any residential building located
3 within the designated area shall forbid or prevent any
4 occupant, tenant or lessee of any such building from
5 receiving cable television service from such franchisee or
6 municipality, nor demand or accept payment from any such
7 occupant, tenant or lessee in any form as a condition of
8 permitting the installation of cable television facilities or
9 the maintenance of cable television service in any such
10 building or any portion thereof occupied or leased by such
11 occupant, tenant or lessee, nor shall any such property
12 owner, condominium association, managing agent, lessee or
13 other person discriminate in rental charges or otherwise
14 against any occupant, tenant or lessee receiving cable
15 service; provided, however, that the owner of such building
16 may require, in exchange and as compensation for permitting
17 the installation of cable television facilities within and
18 upon such building, the payment of just compensation by the
19 cable television franchisee which provides such cable
20 television service, said sum to be determined in accordance
21 with the provisions of subparagraphs (c) and (d) hereof, and
22 provided further that the cable television franchisee
23 installing such cable television facilities shall agree to
24 indemnify the owner of such building for any damage caused by
25 the installation, operation or removal of such cable
26 television facilities and service.
27 No community antenna television company shall install
28 cable television facilities within a residential building
29 pursuant to this subparagraph (a) unless an occupant, tenant
30 or lessee of such residential building requests the delivery
31 of cable television services. In any instance in which a
32 request for service is made by more than 3 occupants, tenants
33 or lessees of a residential building, the community antenna
34 television company may install cable television facilities
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1 throughout the building in a manner which enables the
2 community antenna television company to provide cable
3 television services to occupants, tenants or lessees of other
4 residential units without requiring the installation of
5 additional cable television facilities other than within the
6 residential units occupied by such other occupants, tenants
7 or lessees.
8 (b) In any instance in which a municipality has (i)
9 granted a franchise to any community antenna television
10 company or (ii) decided for the municipality itself to
11 construct, operate or maintain a cable television system
12 within a designated area, no property owner, condominium
13 association, managing agent, lessee or other person in
14 possession and control of any improved or unimproved real
15 estate located within such designated area shall forbid or
16 prevent such cable television franchisee or municipality from
17 entering upon such real estate for the purpose of and in
18 connection with the construction or installation of such
19 cable television system and cable television facilities, nor
20 shall any such property owner, condominium association,
21 managing agent, lessee or other person in possession or
22 control of such real estate forbid or prevent such cable
23 television franchisee or municipality from constructing or
24 installing upon, beneath or over such real estate, including
25 any buildings or other structures located thereon, hardware,
26 cable, equipment, materials or other cable television
27 facilities utilized by such cable franchisee or municipality
28 in the construction and installation of such cable television
29 system; provided, however, that the owner of any such real
30 estate may require, in exchange and as compensation for
31 permitting the construction or installation of cable
32 television facilities upon, beneath or over such real estate,
33 the payment of just compensation by the cable television
34 franchisee which provides such cable television service, said
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1 sum to be determined in accordance with the provisions of
2 subparagraphs (c) and (d) hereof, and provided further that
3 the cable television franchisee constructing or installing
4 such cable television facilities shall agree to indemnify the
5 owner of such real estate for any damage caused by the
6 installation, operation or removal of such cable television
7 facilities and service.
8 (c) In any instance in which the owner of a residential
9 building or the owner of improved or unimproved real estate
10 intends to require the payment of just compensation in excess
11 of $1 in exchange for permitting the installation of cable
12 television facilities in and upon such building, or upon,
13 beneath or over such real estate, the owner shall serve
14 written notice thereof upon the cable television franchisee.
15 Any such notice shall be served within 20 days of the date on
16 which such owner is notified of the cable television
17 franchisee's intention to construct or install cable
18 television facilities in and upon such building, or upon,
19 beneath or over such real estate. Unless timely notice as
20 herein provided is given by the owner to the cable television
21 franchisee, it will be conclusively presumed that the owner
22 of any such building or real estate does not claim or intend
23 to require a payment of more than $1 in exchange and as just
24 compensation for permitting the installation of cable
25 television facilities within and upon such building, or upon,
26 beneath or over such real estate. In any instance in which a
27 cable television franchisee intends to install cable
28 television facilities as herein provided, written notice of
29 such intention shall be sent by the cable television
30 franchisee to the property owner or to such person,
31 association or managing agent as shall have been appointed or
32 otherwise designated to manage or operate the property. Such
33 notice shall include the address of the property, the name of
34 the cable television franchisee, and information as to the
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1 time within which the owner may give notice, demand payment
2 as just compensation and initiate legal proceedings as
3 provided in this subparagraph (c) and subparagraph (d). In
4 any instance in which a community antenna television company
5 intends to install cable television facilities within a
6 residential building containing 12 or more residential units
7 or upon, beneath, or over real estate that is used as a site
8 for 12 or more manufactured housing units, 12 or more mobile
9 homes, or a combination of 12 or more manufactured housing
10 units and mobile homes, the written notice shall further
11 provide that the property owner may require that the
12 community antenna television company submit to the owner
13 written plans identifying the manner in which cable
14 television facilities are to be installed, including the
15 proposed location of coaxial cable. Approval of such plans
16 by the property owner shall not be unreasonably withheld and
17 such owners' consent to and approval of such plans shall be
18 presumed unless, within 30 days after receipt thereof, or in
19 the case of a condominium association, 90 days after receipt
20 thereof, the property owner identifies in writing the
21 specific manner in which such plans deviate from generally
22 accepted construction or safety standards, and unless the
23 property owner contemporaneously submits an alternative
24 construction plan providing for the installation of cable
25 television facilities in an economically feasible manner.
26 The community antenna television company may proceed with the
27 plans originally submitted if an alternative plan is not
28 submitted by the property owner within 30 days, or in the
29 case of a condominium association, 90 days, or if an
30 alternative plan submitted by the property owner fails to
31 comply with generally accepted construction and safety
32 standards or does not provide for the installation of cable
33 television facilities in an economically feasible manner. For
34 purposes of this subsection, "mobile home" and "manufactured
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1 housing unit" have the same meaning as in the Illinois
2 Manufactured Housing and Mobile Home Safety Act.
3 (d) Any owner of a residential building described in
4 subparagraph (a), and any owner of improved or unimproved
5 real estate described in subparagraph (b), who shall have
6 given timely written notice to the cable television
7 franchisee as provided in subparagraph (c), may assert a
8 claim for just compensation in excess of $1 for permitting
9 the installation of cable television facilities within and
10 upon such building, or upon, beneath or over such real
11 estate. Within 30 days after notice has been given in
12 accordance with subparagraph (c), the owner shall advise the
13 cable television franchisee in writing of the amount claimed
14 as just compensation. If within 60 days after the receipt of
15 the owner's claim, the cable television franchisee has not
16 agreed to pay the amount claimed or some other amount
17 acceptable to the owner, the owner may bring suit to enforce
18 such claim for just compensation in any court of competent
19 jurisdiction and, upon timely demand, may require that the
20 amount of just compensation be determined by a jury. Any such
21 action shall be commenced within 6 months of the notice given
22 by the cable television franchisee pursuant to subparagraph
23 (c) hereof. In any action brought to determine such amount,
24 the owner may submit evidence of a decrease in the fair
25 market value of the property occasioned by the installation
26 or location of the cable on the property, that the owner has
27 a specific alternative use for the space occupied by cable
28 television facilities, the loss of which will result in a
29 monetary loss to the owner, or that installation of cable
30 television facilities within and upon such building or upon,
31 beneath or over such real estate otherwise substantially
32 interferes with the use and occupancy of such building to an
33 extent which causes a decrease in the fair market value of
34 such building or real estate.
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1 (e) Neither the giving of a notice by the owner under
2 subparagraph (c), nor the assertion of a specific claim, nor
3 the initiation of legal action to enforce such claim, as
4 provided under subparagraph (d), shall delay or impair the
5 right of the cable television franchisee to construct or
6 install cable television facilities and maintain cable
7 television services within or upon any building described in
8 subparagraph (a) or upon, beneath or over real estate
9 described in subparagraph (b).
10 (f) Notwithstanding the foregoing, no community antenna
11 television company or municipality shall enter upon any real
12 estate or rights of way in the possession or control of any
13 public utility, railroad or owner or operator of an oil,
14 petroleum product, chemical or gas pipeline to install or
15 remove cable television facilities or to provide underground
16 maintenance or repair services with respect thereto, prior to
17 delivery to the public utility, railroad or pipeline owner or
18 operator of written notice of intent to enter, install,
19 maintain or remove. No entry shall be made until at least 15
20 business days after receipt of such written notice. Such
21 written notice, which shall be delivered to the registered
22 agent of such public utility, railroad or pipeline owner or
23 operator shall include the following information:
24 (i) The date of the proposed installation, maintenance,
25 repair or removal and projected length of time required to
26 complete such installation, maintenance, repair or removal;
27 (ii) The manner and method of such installation,
28 maintenance, repair or removal;
29 (iii) The location of the proposed entry and path of
30 cable television facilities proposed to be placed, repaired,
31 maintained or removed upon the real estate or right of way;
32 and
33 (iv) The written agreement of the community antenna
34 television company to indemnify and hold harmless such public
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1 utility, railroad or pipeline owner or operator from the
2 costs of any damages directly or indirectly caused by the
3 installation, maintenance, repair, operation, or removal of
4 cable television facilities. Upon request of the public
5 utility, railroad, or owner or operator of an oil, petroleum
6 product, chemical or gas pipeline, the community antenna
7 television company shall provide proof that it has purchased
8 and will maintain a policy or policies of insurance in
9 amounts sufficient to provide coverage for personal injury
10 and property damage losses caused by or resulting from the
11 installation, maintenance, repair or removal of cable
12 television facilities. The written agreement shall provide
13 that the community antenna television company shall maintain
14 such policies of insurance in full force and effect as long
15 as cable television facilities remain on the real estate or
16 right of way.
17 Within 15 business days of receipt of the written prior
18 notice of entry the public utility, railroad or pipeline
19 owner or operator shall investigate and determine whether or
20 not the proposed entry and installation or repair,
21 maintenance, or removal would create a dangerous condition
22 threatening the safety of the public or the safety of its
23 employees or threatening to cause an interruption of the
24 furnishing of vital transportation, utility or pipeline
25 services and upon so finding shall so notify the community
26 antenna television company or municipality of such decision
27 in writing. Initial determination of the existence of such a
28 dangerous condition or interruption of services shall be made
29 by the public utility, railroad or pipeline owner or operator
30 whose real estate or right of way is involved. In the event
31 that the community antenna television company or municipality
32 disagrees with such determination, a determination of whether
33 such entry and installation, maintenance, repair or removal
34 would create such a dangerous condition or interrupt services
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1 shall be made by a court of competent jurisdiction upon the
2 application of such community antenna television company or
3 municipality. An initial written determination of a public
4 utility, railroad, or pipeline owner or operator timely made
5 and transmitted to the community antenna television company
6 or municipality, in the absence of a determination by a court
7 of competent jurisdiction finding to the contrary, bars the
8 entry of the community antenna television company or
9 municipality upon the real estate or right of way for any
10 purpose.
11 Any public utility, railroad or pipeline owner or
12 operator may assert a written claim against any community
13 antenna television company for just compensation within 30
14 days after written notice has been given in accordance with
15 this subparagraph (f). If, within 60 days after the receipt
16 of such claim for compensation, the community antenna
17 television company has not agreed to the amount claimed or
18 some other amount acceptable to the public utility, railroad
19 or pipeline owner or operator, the public utility, railroad
20 or pipeline owner or operator may bring suit to enforce such
21 claim for just compensation in any court of competent
22 jurisdiction and, upon timely demand, may require that the
23 amount of just compensation be determined by a jury. Any
24 such action shall be commenced within 6 months of the notice
25 provided for in this subparagraph (f). In any action brought
26 to determine such just compensation, the public utility,
27 railroad or pipeline owner or operator may submit such
28 evidence as may be relevant to the issue of just
29 compensation. Neither the assertion of a claim for
30 compensation nor the initiation of legal action to enforce
31 such claim shall delay or impair the right of the community
32 antenna television company to construct or install cable
33 television facilities upon any real estate or rights of way
34 of any public utility, railroad or pipeline owner or
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1 operator.
2 To the extent that the public utility, railroad, or owner
3 or operator of an oil, petroleum product, chemical or gas
4 pipeline deems it appropriate to supervise, monitor or
5 otherwise assist the community antenna television company in
6 connection with the installation, maintenance, repair or
7 removal of cable television facilities upon such real estate
8 or rights of way, the community antenna television company
9 shall reimburse the public utility, railroad or owner or
10 operator of an oil, petroleum product, chemical or gas
11 pipeline for costs reasonable and actually incurred in
12 connection therewith.
13 The provisions of this subparagraph (f) shall not be
14 applicable to any easements, rights of way or ways for public
15 service facilities in which public utilities, other than
16 railroads, have any interest pursuant to "An Act to revise
17 the law in relation to plats", approved March 21, 1874, as
18 amended, and all ordinances enacted pursuant thereto. Such
19 easements, rights of way and ways for public service
20 facilities are hereby declared to be apportionable and upon
21 written request by a community antenna television company,
22 public utilities shall make such easements, rights of way and
23 ways for public service facilities available for the
24 construction, maintenance, repair or removal of cable
25 television facilities provided that such construction,
26 maintenance, repair or removal does not create a dangerous
27 condition threatening the safety of the public or the safety
28 of such public utility employees or threatening to cause an
29 interruption of the furnishing of vital utility service.
30 Initial determination of the existence of such a dangerous
31 condition or interruption of services shall be made by the
32 public utility whose easement, right of way or way for public
33 service facility is involved. In the event the community
34 antenna television company or municipality disagrees with
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1 such determination, a determination of whether such
2 construction, maintenance, repair or removal would create
3 such a dangerous condition or threaten to interrupt vital
4 utility services, shall be made by a court of competent
5 jurisdiction upon the application of such community antenna
6 television company.
7 In addition to such other notices as may be required by
8 this subparagraph (f), a community antenna television company
9 or municipality shall not enter upon the real estate or
10 rights of way of any public utility, railroad or pipeline
11 owner or operator for the purposes of above-ground
12 maintenance or repair of its television cable facilities
13 without giving 96 hours prior written notice to the
14 registered agent of the public utility, railroad or pipeline
15 owner or operator involved, or in the case of a public
16 utility, notice may be given through the statewide one-call
17 notice system provided for by General Order of the Illinois
18 Commerce Commission or, if in Chicago, through the system
19 known as the Chicago Utility Alert Network.
20 (Source: P.A. 90-450, eff. 1-1-98.)