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[ House Amendment 001 ] |
92_HB1909 LRB9205382MWdv 1 AN ACT in relation to cable television. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Counties Code is amended by changing 5 Section 5-1095 as follows: 6 (55 ILCS 5/5-1095) (from Ch. 34, par. 5-1095) 7 Sec. 5-1095. Community antenna television systems; 8 satellite transmitted television programming. 9 (a) The County Board may license, tax or franchise the 10 business of operating a community antenna television system 11 or systems within the County and outside of a municipality, 12 as defined in Section 1-1-2 of the Illinois Municipal Code. 13 When an area is annexed to a municipality, the annexing 14 municipality shall thereby become the franchising authority 15 with respect to that portion of any community antenna 16 television system that, immediately before annexation, had 17 provided cable television services within the annexed area 18 under a franchise granted by the county, and the owner of 19 that community antenna television system shall thereby be 20 authorized to provide cable television services within the 21 annexed area under the terms and provisions of the existing 22 franchise. In that instance, the franchise shall remain in 23 effect until, by its terms, it expires, except that any 24 franchise fees payable under the franchise shall be payable 25 only to the county for a period of 5 years or until, by its 26 terms, the franchise expires, whichever occurs first. After 27 the 5 year period, any franchise fees payable under the 28 franchise shall be paid to the annexing municipality. In any 29 instance in which a duly franchised community antenna 30 television system is providing cable television services 31 within the annexing municipality at the time of annexation, -2- LRB9205382MWdv 1 the annexing municipality may permit that franchisee to 2 extend its community antenna television system to the annexed 3 area under terms and conditions that are no more burdensome 4 nor less favorable to that franchisee than those imposed 5 under any community antenna television franchise applicable 6 to the annexed area at the time of annexation. The 7 authorization to extend cable television service to the 8 annexed area and any community antenna television system 9 authorized to provide cable television services within the 10 annexed area at the time of annexation shall not be subject 11 to the provisions of subsection (e) of this Section. 12 (b) "Community antenna television system" as used in 13 this Section, means any facility which is constructed in 14 whole or in part in, on, under or over any highway or other 15 public place and which is operated to perform for hire the 16 service of receiving and amplifying the signals broadcast by 17 one or more television stations and redistributing such 18 signals by wire, cable or other means to members of the 19 public who subscribe to such service except that such term 20 does not include (i) any system which serves fewer than 50 21 subscribers or (ii) any system which serves only the 22 residents of one or more apartment dwellings under common 23 ownership, control or management, and commercial 24 establishments located on the premises of such dwellings. 25 (c) The authority hereby granted does not include the 26 authority to license or franchise telephone companies subject 27 to the jurisdiction of the Illinois Commerce Commission or 28 the Federal Communications Commission in connection with 29 furnishing circuits, wires, cables or other facilities to the 30 operator of a community antenna television system. 31 The County Board may, in the course of franchising such 32 community antenna television system, grant to such franchisee 33 the authority and the right and permission to use all public 34 streets, rights of way, alleys, ways for public service -3- LRB9205382MWdv 1 facilities, parks, playgrounds, school grounds, or other 2 public grounds, in which such county may have an interest, 3 for the construction, installation, operation, maintenance, 4 alteration, addition, extension or improvement of a community 5 antenna television system. 6 Any charge imposed by a community antenna television 7 system franchised pursuant to this Section for the raising or 8 removal of cables or lines to permit passage on, to or from a 9 street shall not exceed the reasonable costs of work 10 reasonably necessary to safely permit such passage. Pursuant 11 to subsections (h) and (i) of Section 6 of Article VII of the 12 Constitution of the State of Illinois, the General Assembly 13 declares the regulation of charges which may be imposed by 14 community antenna television systems for the raising or 15 removal of cables or lines to permit passage on, to or from 16 streets is a power or function to be exercised exclusively by 17 the State and not to be exercised or performed concurrently 18 with the State by any unit of local government, including any 19 home rule unit. 20 The County Board may, upon written request by the 21 franchisee of a community antenna television system, exercise 22 its right of eminent domain solely for the purpose of 23 granting an easement right no greater than 8 feet in width, 24 extending no greater than 8 feet from any lot line for the 25 purpose of extending cable across any parcel of property in 26 the manner provided for by the law of eminent domain, 27 provided, however, such franchisee deposits with the county 28 sufficient security to pay all costs incurred by the county 29 in the exercise of its right of eminent domain. 30 Except as specifically provided otherwise in this 31 Section, this Section is not a limitation on any home rule 32 county. 33 (d) The General Assembly finds and declares that 34 satellite-transmitted television programming should be -4- LRB9205382MWdv 1 available to those who desire to subscribe to such 2 programming and that decoding devices should be obtainable at 3 reasonable prices by those who are unable to obtain 4 satellite-transmitted television programming through duly 5 franchised community antenna television systems. 6 In any instance in which a person is unable to obtain 7 satellite-transmitted television programming through a duly 8 franchised community antenna television system either because 9 the municipality and county in which such person resides has 10 not granted a franchise to operate and maintain a community 11 antenna television system, or because the duly franchised 12 community antenna television system operator does not make 13 cable television services available to such person, any 14 programming company that delivers satellite-transmitted 15 television programming in scrambled or encrypted form shall 16 ensure that devices for decryption of such programming are 17 made available to such person, through the local community 18 antenna television operator or directly, for purchase or 19 lease at prices reasonably related to the cost of manufacture 20 and distribution of such devices. 21 (e) The General Assembly finds and declares that, in 22 order to ensure that community antenna television services 23 are provided in an orderly, competitive and economically 24 sound manner, the best interests of the public will be served 25 by the establishment of certain minimum standards and 26 procedures for the granting of additional cable television 27 franchises. 28 Subject to the provisions of this subsection, the 29 authority granted under subsection (a) hereof shall include 30 the authority to license, franchise and tax more than one 31 cable operator to provide community antenna television 32 services within the territorial limits of a single 33 franchising authority. For purposes of this subsection (e), 34 the term: -5- LRB9205382MWdv 1 (i) "Existing cable television franchise" means a 2 community antenna television franchise granted by a 3 county which is in use at the time such county receives 4 an application or request by another cable operator for a 5 franchise to provide cable antenna television services 6 within all or any portion of the territorial area which 7 is or may be served under the existing cable television 8 franchise. 9 (ii) "Additional cable television franchise" means 10 a franchise pursuant to which community antenna 11 television services may be provided within the 12 territorial areas, or any portion thereof, which may be 13 served under an existing cable television franchise. 14 (iii) "Franchising Authority" is defined as that 15 term is defined under Section 602(9) of the Cable 16 Communications Policy Act of 1984, Public Law 98-549. 17 (iv) "Cable operator" is defined as that term is 18 defined under Section 602(4) of the Cable Communications 19 Policy Act of 1984, Public Law 98-549. 20 Before granting an additional cable television franchise, 21 the franchising authority shall: 22 (1) Give written notice to the owner or operator of 23 any other community antenna television system franchised 24 to serve all or any portion of the territorial area to be 25 served by such additional cable television franchise, 26 identifying the applicant for such additional franchise 27 and specifying the date, time and place at which the 28 franchising authority shall conduct public hearings to 29 consider and determine whether such additional cable 30 television franchise should be granted. 31 (2) Conduct a public hearing to determine the 32 public need for such additional cable television 33 franchise, the capacity of public rights-of-way to 34 accommodate such additional community antenna television -6- LRB9205382MWdv 1 services, the potential disruption to existing users of 2 public rights-of-way to be used by such additional 3 franchise applicant to complete construction and to 4 provide cable television services within the proposed 5 franchise area, the long term economic impact of such 6 additional cable television system within the community, 7 and such other factors as the franchising authority shall 8 deem appropriate. 9 (3) Determine, based upon the foregoing factors, 10 whether it is in the best interest of the county to grant 11 such additional cable television franchise. 12 (4) If the franchising authority shall determine 13 that it is in the best interest of the county to do so, 14 it may grant the additional cable television franchise. 15 Except as provided in paragraph (5) of this subsection 16 (e), no such additional cable television franchise shall 17 be granted under terms or conditions more favorable or 18 less burdensome to the applicant than those required 19 under the existing cable television franchise, including 20 but not limited to terms and conditions pertaining to the 21 territorial extent of the franchise, system design, 22 technical performance standards, construction schedules, 23 performance bonds, standards for construction and 24 installation of cable television facilities, service to 25 subscribers, public educational and governmental access 26 channels and programming, production assistance, 27 liability and indemnification, and franchise fees. 28 (5) Unless the existing cable television franchise 29 provides that any additional cable television franchise 30 shall be subject to the same terms or substantially 31 equivalent terms and conditions as those of the existing 32 cable television franchise, the franchising authority may 33 grant an additional cable television franchise under 34 different terms and conditions than those of the existing -7- LRB9205382MWdv 1 franchise, in which event the franchising authority shall 2 enter into good faith negotiations with the existing 3 franchisee and shall, within 120 days after the effective 4 date of the additional cable television franchise, modify 5 the existing cable television franchise in a manner and 6 to the extent necessary to ensure that neither the 7 existing cable television franchise nor the additional 8 cable television franchise, each considered in its 9 entirety, provides a competitive advantage over the 10 other, provided that prior to modifying the existing 11 cable television franchise, the franchising authority 12 shall have conducted a public hearing to consider the 13 proposed modification. No modification in the terms and 14 conditions of the existing cable television franchise 15 shall oblige the existing cable television franchisee (1) 16 to make any additional payment to the franchising 17 authority, including the payment of any additional 18 franchise fee, (2) to engage in any additional 19 construction of the existing cable television system or, 20 (3) to modify the specifications or design of the 21 existing cable television system; and the inclusion of 22 the factors identified in items (2) and (3) shall not be 23 considered in determining whether either franchise 24 considered in its entirety, has a competitive advantage 25 over the other except to the extent that the additional 26 franchisee provides additional video or data services or 27 the equipment or facilities necessary to generate and or 28 carry such service. No modification in the terms and 29 conditions of the existing cable television franchise 30 shall be made if the existing cable television franchisee 31 elects to continue to operate under all terms and 32 conditions of the existing franchise. 33 If within the 120 day period the franchising 34 authority and the existing cable television franchisee -8- LRB9205382MWdv 1 are unable to reach agreement on modifications to the 2 existing cable television franchise, then the franchising 3 authority shall modify the existing cable television 4 franchise, effective 45 days thereafter, in a manner, and 5 only to the extent, that the terms and conditions of the 6 existing cable television franchise shall no longer 7 impose any duty or obligation on the existing franchisee 8 which is not also imposed under the additional cable 9 television franchise; however, if by the modification the 10 existing cable television franchisee is relieved of 11 duties or obligations not imposed under the additional 12 cable television franchise, then within the same 45 days 13 and following a public hearing concerning modification of 14 the additional cable television franchise within that 45 15 day period, the franchising authority shall modify the 16 additional cable television franchise to the extent 17 necessary to insure that neither the existing cable 18 television franchise nor the additional cable television 19 franchise, each considered in its entirety, shall have a 20 competitive advantage over the other. 21 No county shall be subject to suit for damages based upon 22 the county's determination to grant or its refusal to grant 23 an additional cable television franchise, provided that a 24 public hearing as herein provided has been held and the 25 franchising authority has determined that it is in the best 26 interest of the county to grant or refuse to grant such 27 additional franchise, as the case may be. 28 It is declared to be the law of this State, pursuant to 29 paragraphs (h) and (i) of Section 6 of Article VII of the 30 Illinois Constitution, that the establishment of minimum 31 standards and procedures for the granting of additional cable 32 television franchises as provided in this subsection (e) is 33 an exclusive State power and function that may not be 34 exercised concurrently by a home rule unit. -9- LRB9205382MWdv 1 (f) If the county has granted a franchise to a community 2 antenna television company under this Section, the community 3 antenna television company may not impose a rate increase 4 unless the company has given its customers not less than 60 5 day's notice of the increase. The notice must be included in 6 the billing statement. A community antenna television company 7 that has been granted a franchise under this Section must 8 maintain a toll-free telephone number in order to respond to 9 customer questions regarding the increase. The telephone 10 number must be provided to customers at the same time as the 11 notice of the rate increase. 12 (Source: P.A. 90-14, eff. 7-1-97; 90-285, eff. 7-31-97.) 13 Section 10. The Illinois Municipal Code is amended by 14 changing Section 11-42-11 as follows: 15 (65 ILCS 5/11-42-11) (from Ch. 24, par. 11-42-11) 16 Sec. 11-42-11. Community antenna television systems; 17 satellite transmitted television programming. 18 (a) The corporate authorities of each municipality may 19 license, franchise and tax the business of operating a 20 community antenna television system as hereinafter defined. 21 In municipalities with less than 2,000,000 inhabitants, the 22 corporate authorities may, under the limited circumstances 23 set forth in this Section, own (or lease as lessee) and 24 operate a community antenna television system; provided that 25 a municipality may not acquire, construct, own, or operate a 26 community antenna television system for the use or benefit of 27 private consumers or users, and may not charge a fee for that 28 consumption or use, unless the proposition to acquire, 29 construct, own, or operate a cable antenna television system 30 has been submitted to and approved by the electors of the 31 municipality in accordance with subsection (f). Before 32 acquiring, constructing, or commencing operation of a -10- LRB9205382MWdv 1 community antenna television system, the municipality shall 2 comply with the following: 3 (1) Give written notice to the owner or operator of 4 any other community antenna television system franchised 5 to serve all or any portion of the territorial area to be 6 served by the municipality's community antenna television 7 system, specifying the date, time, and place at which the 8 municipality shall conduct public hearings to consider 9 and determine whether the municipality should acquire, 10 construct, or commence operation of a community antenna 11 television system. The public hearings shall be 12 conducted at least 14 days after this notice is given. 13 (2) Publish a notice of the hearing in 2 or more 14 newspapers published in the county, city, village, 15 incorporated town, or town, as the case may be. If there 16 is no such newspaper, then notice shall be published in 17 any 2 or more newspapers published in the county and 18 having a general circulation throughout the community. 19 The public hearings shall be conducted at least 14 days 20 after this notice is given. 21 (3) Conduct a public hearing to determine the means 22 by which construction, maintenance, and operation of the 23 system will be financed, including whether the use of tax 24 revenues or other fees will be required. 25 (b) The words "community antenna television system" 26 shall mean any facility which is constructed in whole or in 27 part in, on, under or over any highway or other public place 28 and which is operated to perform for hire the service of 29 receiving and amplifying the signals broadcast by one or more 30 television stations and redistributing such signals by wire, 31 cable or other means to members of the public who subscribe 32 to such service; except that such definition shall not 33 include (i) any system which serves fewer than fifty 34 subscribers, or (ii) any system which serves only the -11- LRB9205382MWdv 1 residents of one or more apartment dwellings under common 2 ownership, control or management, and commercial 3 establishments located on the premises of such dwellings. 4 (c) The authority hereby granted does not include 5 authority to license, franchise or tax telephone companies 6 subject to jurisdiction of the Illinois Commerce Commission 7 or the Federal Communications Commission in connection with 8 the furnishing of circuits, wires, cables, and other 9 facilities to the operator of a community antenna television 10 system. 11 The corporate authorities of each municipality may, in 12 the course of franchising such community antenna television 13 system, grant to such franchisee the authority and the right 14 and permission to use all public streets, rights of way, 15 alleys, ways for public service facilities, parks, 16 playgrounds, school grounds, or other public grounds, in 17 which such municipality may have an interest, for the 18 construction, installation, operation, maintenance, 19 alteration, addition, extension or improvement of a community 20 antenna television system. 21 Any charge imposed by a community antenna television 22 system franchised pursuant to this Section for the raising or 23 removal of cables or lines to permit passage on, to or from a 24 street shall not exceed the reasonable costs of work 25 reasonably necessary to safely permit such passage. Pursuant 26 to subsections (h) and (i) of Section 6 of Article VII of the 27 Constitution of the State of Illinois, the General Assembly 28 declares the regulation of charges which may be imposed by 29 community antenna television systems for the raising or 30 removal of cables or lines to permit passage on, to or from 31 streets is a power or function to be exercised exclusively by 32 the State and not to be exercised or performed concurrently 33 with the State by any unit of local government, including any 34 home rule unit. -12- LRB9205382MWdv 1 The municipality may, upon written request by the 2 franchisee of a community antenna television system, exercise 3 its right of eminent domain solely for the purpose of 4 granting an easement right no greater than 8 feet in width, 5 extending no greater than 8 feet from any lot line for the 6 purpose of extending cable across any parcel of property in 7 the manner provided by the law of eminent domain, provided, 8 however, such franchisee deposits with the municipality 9 sufficient security to pay all costs incurred by the 10 municipality in the exercise of its right of eminent domain. 11 (d) The General Assembly finds and declares that 12 satellite-transmitted television programming should be 13 available to those who desire to subscribe to such 14 programming and that decoding devices should be obtainable at 15 reasonable prices by those who are unable to obtain 16 satellite-transmitted television programming through duly 17 franchised community antenna television systems. 18 In any instance in which a person is unable to obtain 19 satellite-transmitted television programming through a duly 20 franchised community antenna television system either because 21 the municipality and county in which such person resides has 22 not granted a franchise to operate and maintain a community 23 antenna television system, or because the duly franchised 24 community antenna television system operator does not make 25 cable television services available to such person, any 26 programming company that delivers satellite-transmitted 27 television programming in scrambled or encrypted form shall 28 ensure that devices for description of such programming are 29 made available to such person, through the local community 30 antenna television operator or directly, for purchase or 31 lease at prices reasonably related to the cost of manufacture 32 and distribution of such devices. 33 (e) The General Assembly finds and declares that, in 34 order to ensure that community antenna television services -13- LRB9205382MWdv 1 are provided in an orderly, competitive and economically 2 sound manner, the best interests of the public will be served 3 by the establishment of certain minimum standards and 4 procedures for the granting of additional cable television 5 franchises. 6 Subject to the provisions of this subsection, the 7 authority granted under subsection (a) hereof shall include 8 the authority to license, franchise and tax more than one 9 cable operator to provide community antenna television 10 services within the corporate limits of a single franchising 11 authority. For purposes of this subsection (e), the term: 12 (i) "Existing cable television franchise" means a 13 community antenna television franchise granted by a 14 municipality which is in use at the time such 15 municipality receives an application or request by 16 another cable operator for a franchise to provide cable 17 antenna television services within all or any portion of 18 the territorial area which is or may be served under the 19 existing cable television franchise. 20 (ii) "Additional cable television franchise" means 21 a franchise pursuant to which community antenna 22 television services may be provided within the 23 territorial areas, or any portion thereof, which may be 24 served under an existing cable television franchise. 25 (iii) "Franchising Authority" is defined as that 26 term is defined under Section 602(9) of the Cable 27 Communications Policy Act of 1984, Public Law 98-549, but 28 does not include any municipality with a population of 29 1,000,000 or more. 30 (iv) "Cable operator" is defined as that term is 31 defined under Section 602(4) of the Cable Communications 32 Policy Act of 1984, Public Law 98-549. 33 Before granting an additional cable television franchise, 34 the franchising authority shall: -14- LRB9205382MWdv 1 (1) Give written notice to the owner or operator of 2 any other community antenna television system franchised 3 to serve all or any portion of the territorial area to be 4 served by such additional cable television franchise, 5 identifying the applicant for such additional franchise 6 and specifying the date, time and place at which the 7 franchising authority shall conduct public hearings to 8 consider and determine whether such additional cable 9 television franchise should be granted. 10 (2) Conduct a public hearing to determine the 11 public need for such additional cable television 12 franchise, the capacity of public rights-of-way to 13 accommodate such additional community antenna television 14 services, the potential disruption to existing users of 15 public rights-of-way to be used by such additional 16 franchise applicant to complete construction and to 17 provide cable television services within the proposed 18 franchise area, the long term economic impact of such 19 additional cable television system within the community, 20 and such other factors as the franchising authority shall 21 deem appropriate. 22 (3) Determine, based upon the foregoing factors, 23 whether it is in the best interest of the municipality to 24 grant such additional cable television franchise. 25 (4) If the franchising authority shall determine 26 that it is in the best interest of the municipality to do 27 so, it may grant the additional cable television 28 franchise. Except as provided in paragraph (5) of this 29 subsection (e), no such additional cable television 30 franchise shall be granted under terms or conditions more 31 favorable or less burdensome to the applicant than those 32 required under the existing cable television franchise, 33 including but not limited to terms and conditions 34 pertaining to the territorial extent of the franchise, -15- LRB9205382MWdv 1 system design, technical performance standards, 2 construction schedules, performance bonds, standards for 3 construction and installation of cable television 4 facilities, service to subscribers, public educational 5 and governmental access channels and programming, 6 production assistance, liability and indemnification, and 7 franchise fees. 8 (5) Unless the existing cable television franchise 9 provides that any additional cable television franchise 10 shall be subject to the same terms or substantially 11 equivalent terms and conditions as those of the existing 12 cable television franchise, the franchising authority may 13 grant an additional cable television franchise under 14 different terms and conditions than those of the existing 15 franchise, in which event the franchising authority shall 16 enter into good faith negotiations with the existing 17 franchisee and shall, within 120 days after the effective 18 date of the additional cable television franchise, modify 19 the existing cable television franchise in a manner and 20 to the extent necessary to ensure that neither the 21 existing cable television franchise nor the additional 22 cable television franchise, each considered in its 23 entirety, provides a competitive advantage over the 24 other, provided that prior to modifying the existing 25 cable television franchise, the franchising authority 26 shall have conducted a public hearing to consider the 27 proposed modification. No modification in the terms and 28 conditions of the existing cable television franchise 29 shall oblige the existing cable television franchisee (1) 30 to make any additional payment to the franchising 31 authority, including the payment of any additional 32 franchise fee, (2) to engage in any additional 33 construction of the existing cable television system or, 34 (3) to modify the specifications or design of the -16- LRB9205382MWdv 1 existing cable television system; and the inclusion of 2 the factors identified in items (2) and (3) shall not be 3 considered in determining whether either franchise 4 considered in its entirety, has a competitive advantage 5 over the other except to the extent that the additional 6 franchisee provides additional video or data services or 7 the equipment or facilities necessary to generate and or 8 carry such service. No modification in the terms and 9 conditions of the existing cable television franchise 10 shall be made if the existing cable television franchisee 11 elects to continue to operate under all terms and 12 conditions of the existing franchise. 13 If within the 120 day period the franchising 14 authority and the existing cable television franchisee 15 are unable to reach agreement on modifications to the 16 existing cable television franchise, then the franchising 17 authority shall modify the existing cable television 18 franchise, effective 45 days thereafter, in a manner, and 19 only to the extent, that the terms and conditions of the 20 existing cable television franchise shall no longer 21 impose any duty or obligation on the existing franchisee 22 which is not also imposed under the additional cable 23 television franchise; however, if by the modification the 24 existing cable television franchisee is relieved of 25 duties or obligations not imposed under the additional 26 cable television franchise, then within the same 45 days 27 and following a public hearing concerning modification of 28 the additional cable television franchise within that 45 29 day period, the franchising authority shall modify the 30 additional cable television franchise to the extent 31 necessary to insure that neither the existing cable 32 television franchise nor the additional cable television 33 franchise, each considered in its entirety, shall have a 34 competitive advantage over the other. -17- LRB9205382MWdv 1 No municipality shall be subject to suit for damages 2 based upon the municipality's determination to grant or its 3 refusal to grant an additional cable television franchise, 4 provided that a public hearing as herein provided has been 5 held and the franchising authority has determined that it is 6 in the best interest of the municipality to grant or refuse 7 to grant such additional franchise, as the case may be. 8 It is declared to be the law of this State, pursuant to 9 paragraphs (h) and (i) of Section 6 of Article VII of the 10 Illinois Constitution, that the establishment of minimum 11 standards and procedures for the granting of additional cable 12 television franchises by municipalities with a population 13 less than 1,000,000 as provided in this subsection (e) is an 14 exclusive State power and function that may not be exercised 15 concurrently by a home rule unit. 16 (f) No municipality may acquire, construct, own, or 17 operate a community antenna television system unless the 18 corporate authorities adopt an ordinance. The ordinance must 19 set forth the action proposed; describe the plant, equipment, 20 and property to be acquired or constructed; and specifically 21 describe the manner in which the construction, acquisition, 22 and operation of the system will be financed. 23 The ordinance may not take effect until the question of 24 acquiring, construction, owning, or operating a community 25 antenna television system has been submitted to the electors 26 of the municipality at a regular election and approved by a 27 majority of the electors voting on the question. The 28 corporate authorities must certify the question to the proper 29 election authority, which must submit the question at an 30 election in accordance with the Election Code. 31 The question must be submitted in substantially the 32 following form: 33 Shall the ordinance authorizing the municipality to 34 (insert action authorized by ordinance) take effect? -18- LRB9205382MWdv 1 The votes must be recorded as "Yes" or "No". 2 If a majority of electors voting on the question vote in 3 the affirmative, the ordinance shall take effect. 4 Not more than 30 or less than 15 days before the date of 5 the referendum, the municipal clerk must publish the 6 ordinance at least once in one or more newspapers published 7 in the municipality or, if no newspaper is published in the 8 municipality, in one or more newspapers of general 9 circulation within the municipality. 10 (g) If the municipality has granted a franchise to a 11 community antenna television company under this Section, the 12 community antenna television company may not impose a rate 13 increase unless the company has given its customers not less 14 than 60 day's notice of the increase. The notice must be 15 included in the billing statement. A community antenna 16 television company that has been granted a franchise under 17 this Section must maintain a toll-free telephone number in 18 order to respond to customer questions regarding the 19 increase. The telephone number must be provided to customers 20 at the same time as the notice of the rate increase. 21 (Source: P.A. 90-285, eff. 7-31-97; 91-648, eff. 1-1-00.) 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.