Rep. Arthur L. Turner

Filed: 4/12/2005

 

 


 

 


 
09400HB1662ham001 LRB094 03108 AJO 44965 a

1
AMENDMENT TO HOUSE BILL 1662

2     AMENDMENT NO. ______. Amend House Bill 1662 by replacing
3 everything after the enacting clause with the following:
 
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 or
11 systems within the County and outside of a municipality, as
12 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 that
19 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

 

 

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1 only to the county for a period of 5 years or until, by its
2 terms, the franchise expires, whichever occurs first. After the
3 5 year period, any franchise fees payable under the franchise
4 shall be paid to the annexing municipality. In any instance in
5 which a duly franchised community antenna television system is
6 providing cable television services within the annexing
7 municipality at the time of annexation, the annexing
8 municipality may permit that franchisee to extend its community
9 antenna television system to the annexed area under terms and
10 conditions that are no more burdensome nor less favorable to
11 that franchisee than those imposed under any community antenna
12 television franchise applicable to the annexed area at the time
13 of annexation. The authorization to extend cable television
14 service to the annexed area and any community antenna
15 television system authorized to provide cable television
16 services within the annexed area at the time of annexation
17 shall not be subject to the provisions of subsection (e) of
18 this Section.
19     (b) "Community antenna television system" as used in this
20 Section, means any facility which is constructed in whole or in
21 part in, on, under or over any highway or other public place
22 and which is operated to perform for hire the service of
23 receiving and amplifying the signals broadcast by one or more
24 television stations and redistributing such signals by wire,
25 cable or other means to members of the public who subscribe to
26 such service except that such term does not include (i) any
27 system which serves fewer than 50 subscribers or (ii) any
28 system which serves only the residents of one or more apartment
29 dwellings under common ownership, control or management, and
30 commercial establishments located on the premises of such
31 dwellings.
32     (c) The authority hereby granted does not include the
33 authority to license or franchise telephone companies subject
34 to the jurisdiction of the Illinois Commerce Commission or the

 

 

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1 Federal Communications Commission in connection with
2 furnishing circuits, wires, cables or other facilities to the
3 operator of a community antenna television system.
4     The County Board may, in the course of franchising such
5 community antenna television system, grant to such franchisee
6 the authority and the right and permission to use all public
7 streets, rights of way, alleys, ways for public service
8 facilities, parks, playgrounds, school grounds, or other
9 public grounds, in which such county may have an interest, for
10 the construction, installation, operation, maintenance,
11 alteration, addition, extension or improvement of a community
12 antenna television system.
13     Any charge imposed by a community antenna television system
14 franchised pursuant to this Section for the raising or removal
15 of cables or lines to permit passage on, to or from a street
16 shall not exceed the reasonable costs of work reasonably
17 necessary to safely permit such passage. Pursuant to
18 subsections (h) and (i) of Section 6 of Article VII of the
19 Constitution of the State of Illinois, the General Assembly
20 declares the regulation of charges which may be imposed by
21 community antenna television systems for the raising or removal
22 of cables or lines to permit passage on, to or from streets is
23 a power or function to be exercised exclusively by the State
24 and not to be exercised or performed concurrently with the
25 State by any unit of local government, including any home rule
26 unit.
27     The County Board may, upon written request by the
28 franchisee of a community antenna television system, exercise
29 its right of eminent domain solely for the purpose of granting
30 an easement right no greater than 8 feet in width, extending no
31 greater than 8 feet from any lot line for the purpose of
32 extending cable across any parcel of property in the manner
33 provided for by the law of eminent domain, provided, however,
34 such franchisee deposits with the county sufficient security to

 

 

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1 pay all costs incurred by the county in the exercise of its
2 right of eminent domain.
3     Except as specifically provided otherwise in this Section,
4 this Section is not a limitation on any home rule county.
5     (d) The General Assembly finds and declares that
6 satellite-transmitted television programming should be
7 available to those who desire to subscribe to such programming
8 and that decoding devices should be obtainable at reasonable
9 prices by those who are unable to obtain satellite-transmitted
10 television programming through duly franchised community
11 antenna television systems.
12     In any instance in which a person is unable to obtain
13 satellite-transmitted television programming through a duly
14 franchised community antenna television system either because
15 the municipality and county in which such person resides has
16 not granted a franchise to operate and maintain a community
17 antenna television system, or because the duly franchised
18 community antenna television system operator does not make
19 cable television services available to such person, any
20 programming company that delivers satellite-transmitted
21 television programming in scrambled or encrypted form shall
22 ensure that devices for decryption of such programming are made
23 available to such person, through the local community antenna
24 television operator or directly, for purchase or lease at
25 prices reasonably related to the cost of manufacture and
26 distribution of such devices.
27     A programming company that directly delivers
28 satellite-transmitted television programming in scrambled or
29 encrypted form through devices for decryption of that
30 programming or that delivers this programming through a local
31 community antenna television operator shall not charge a
32 customer who purchased or leased devices for reception or
33 decryption of satellite television programming a fee in
34 conjunction with the disconnection or removal of the devices. A

 

 

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1 programming company or community antenna television operator
2 shall not charge a customer a fee for any devices for reception
3 or decryption after disconnection. A programming company or
4 community antenna television operator that installed devices
5 for reception or encryption must remove without any charge, at
6 a reasonable time and in a workman-like manner, any devices for
7 reception or decryption that it installed or caused to be
8 installed at the premises of the customer.
9     (e) The General Assembly finds and declares that, in order
10 to ensure that community antenna television services are
11 provided in an orderly, competitive and economically sound
12 manner, the best interests of the public will be served by the
13 establishment of certain minimum standards and procedures for
14 the granting of additional cable television franchises.
15     Subject to the provisions of this subsection, the authority
16 granted under subsection (a) hereof shall include the authority
17 to license, franchise and tax more than one cable operator to
18 provide community antenna television services within the
19 territorial limits of a single franchising authority. For
20 purposes of this subsection (e), the term:
21         (i) "Existing cable television franchise" means a
22     community antenna television franchise granted by a county
23     which is in use at the time such county receives an
24     application or request by another cable operator for a
25     franchise to provide cable antenna television services
26     within all or any portion of the territorial area which is
27     or may be served under the existing cable television
28     franchise.
29         (ii) "Additional cable television franchise" means a
30     franchise pursuant to which community antenna television
31     services may be provided within the territorial areas, or
32     any portion thereof, which may be served under an existing
33     cable television franchise.
34         (iii) "Franchising Authority" is defined as that term

 

 

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1     is defined under Section 602(9) of the Cable Communications
2     Policy Act of 1984, Public Law 98-549.
3         (iv) "Cable operator" is defined as that term is
4     defined under Section 602(4) of the Cable Communications
5     Policy Act of 1984, Public Law 98-549.
6     Before granting an additional cable television franchise,
7 the franchising authority shall:
8         (1) Give written notice to the owner or operator of any
9     other community antenna television system franchised to
10     serve all or any portion of the territorial area to be
11     served by such additional cable television franchise,
12     identifying the applicant for such additional franchise
13     and specifying the date, time and place at which the
14     franchising authority shall conduct public hearings to
15     consider and determine whether such additional cable
16     television franchise should be granted.
17         (2) Conduct a public hearing to determine the public
18     need for such additional cable television franchise, the
19     capacity of public rights-of-way to accommodate such
20     additional community antenna television services, the
21     potential disruption to existing users of public
22     rights-of-way to be used by such additional franchise
23     applicant to complete construction and to provide cable
24     television services within the proposed franchise area,
25     the long term economic impact of such additional cable
26     television system within the community, and such other
27     factors as the franchising authority shall deem
28     appropriate.
29         (3) Determine, based upon the foregoing factors,
30     whether it is in the best interest of the county to grant
31     such additional cable television franchise.
32         (4) If the franchising authority shall determine that
33     it is in the best interest of the county to do so, it may
34     grant the additional cable television franchise. Except as

 

 

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1     provided in paragraph (5) of this subsection (e), no such
2     additional cable television franchise shall be granted
3     under terms or conditions more favorable or less burdensome
4     to the applicant than those required under the existing
5     cable television franchise, including but not limited to
6     terms and conditions pertaining to the territorial extent
7     of the franchise, system design, technical performance
8     standards, construction schedules, performance bonds,
9     standards for construction and installation of cable
10     television facilities, service to subscribers, public
11     educational and governmental access channels and
12     programming, production assistance, liability and
13     indemnification, and franchise fees.
14         (5) Unless the existing cable television franchise
15     provides that any additional cable television franchise
16     shall be subject to the same terms or substantially
17     equivalent terms and conditions as those of the existing
18     cable television franchise, the franchising authority may
19     grant an additional cable television franchise under
20     different terms and conditions than those of the existing
21     franchise, in which event the franchising authority shall
22     enter into good faith negotiations with the existing
23     franchisee and shall, within 120 days after the effective
24     date of the additional cable television franchise, modify
25     the existing cable television franchise in a manner and to
26     the extent necessary to ensure that neither the existing
27     cable television franchise nor the additional cable
28     television franchise, each considered in its entirety,
29     provides a competitive advantage over the other, provided
30     that prior to modifying the existing cable television
31     franchise, the franchising authority shall have conducted
32     a public hearing to consider the proposed modification. No
33     modification in the terms and conditions of the existing
34     cable television franchise shall oblige the existing cable

 

 

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1     television franchisee (1) to make any additional payment to
2     the franchising authority, including the payment of any
3     additional franchise fee, (2) to engage in any additional
4     construction of the existing cable television system or,
5     (3) to modify the specifications or design of the existing
6     cable television system; and the inclusion of the factors
7     identified in items (2) and (3) shall not be considered in
8     determining whether either franchise considered in its
9     entirety, has a competitive advantage over the other except
10     to the extent that the additional franchisee provides
11     additional video or data services or the equipment or
12     facilities necessary to generate and or carry such service.
13     No modification in the terms and conditions of the existing
14     cable television franchise shall be made if the existing
15     cable television franchisee elects to continue to operate
16     under all terms and conditions of the existing franchise.
17         If within the 120 day period the franchising authority
18     and the existing cable television franchisee are unable to
19     reach agreement on modifications to the existing cable
20     television franchise, then the franchising authority shall
21     modify the existing cable television franchise, effective
22     45 days thereafter, in a manner, and only to the extent,
23     that the terms and conditions of the existing cable
24     television franchise shall no longer impose any duty or
25     obligation on the existing franchisee which is not also
26     imposed under the additional cable television franchise;
27     however, if by the modification the existing cable
28     television franchisee is relieved of duties or obligations
29     not imposed under the additional cable television
30     franchise, then within the same 45 days and following a
31     public hearing concerning modification of the additional
32     cable television franchise within that 45 day period, the
33     franchising authority shall modify the additional cable
34     television franchise to the extent necessary to insure that

 

 

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1     neither the existing cable television franchise nor the
2     additional cable television franchise, each considered in
3     its entirety, shall have a competitive advantage over the
4     other.
5     No county shall be subject to suit for damages based upon
6 the county's determination to grant or its refusal to grant an
7 additional cable television franchise, provided that a public
8 hearing as herein provided has been held and the franchising
9 authority has determined that it is in the best interest of the
10 county to grant or refuse to grant such additional franchise,
11 as the case may be.
12     It is declared to be the law of this State, pursuant to
13 paragraphs (h) and (i) of Section 6 of Article VII of the
14 Illinois Constitution, that the establishment of minimum
15 standards and procedures for the granting of additional cable
16 television franchises as provided in this subsection (e) is an
17 exclusive State power and function that may not be exercised
18 concurrently by a home rule unit.
19 (Source: P.A. 90-14, eff. 7-1-97; 90-285, eff. 7-31-97.)
 
20     Section 10. The Illinois Municipal Code is amended by
21 changing Section 11-42-11 as follows:
 
22     (65 ILCS 5/11-42-11)  (from Ch. 24, par. 11-42-11)
23     Sec. 11-42-11. Community antenna television systems;
24 satellite transmitted television programming.
25     (a) The corporate authorities of each municipality may
26 license, franchise and tax the business of operating a
27 community antenna television system as hereinafter defined. In
28 municipalities with less than 2,000,000 inhabitants, the
29 corporate authorities may, under the limited circumstances set
30 forth in this Section, own (or lease as lessee) and operate a
31 community antenna television system; provided that a
32 municipality may not acquire, construct, own, or operate a

 

 

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1 community antenna television system for the use or benefit of
2 private consumers or users, and may not charge a fee for that
3 consumption or use, unless the proposition to acquire,
4 construct, own, or operate a cable antenna television system
5 has been submitted to and approved by the electors of the
6 municipality in accordance with subsection (f). Before
7 acquiring, constructing, or commencing operation of a
8 community antenna television system, the municipality shall
9 comply with the following:
10         (1) Give written notice to the owner or operator of any
11     other community antenna television system franchised to
12     serve all or any portion of the territorial area to be
13     served by the municipality's community antenna television
14     system, specifying the date, time, and place at which the
15     municipality shall conduct public hearings to consider and
16     determine whether the municipality should acquire,
17     construct, or commence operation of a community antenna
18     television system. The public hearings shall be conducted
19     at least 14 days after this notice is given.
20         (2) Publish a notice of the hearing in 2 or more
21     newspapers published in the county, city, village,
22     incorporated town, or town, as the case may be. If there is
23     no such newspaper, then notice shall be published in any 2
24     or more newspapers published in the county and having a
25     general circulation throughout the community. The public
26     hearings shall be conducted at least 14 days after this
27     notice is given.
28         (3) Conduct a public hearing to determine the means by
29     which construction, maintenance, and operation of the
30     system will be financed, including whether the use of tax
31     revenues or other fees will be required.
32     (b) The words "community antenna television system" shall
33 mean any facility which is constructed in whole or in part in,
34 on, under or over any highway or other public place and which

 

 

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1 is operated to perform for hire the service of receiving and
2 amplifying the signals broadcast by one or more television
3 stations and redistributing such signals by wire, cable or
4 other means to members of the public who subscribe to such
5 service; except that such definition shall not include (i) any
6 system which serves fewer than fifty subscribers, or (ii) any
7 system which serves only the residents of one or more apartment
8 dwellings under common ownership, control or management, and
9 commercial establishments located on the premises of such
10 dwellings.
11     (c) The authority hereby granted does not include authority
12 to license, franchise or tax telephone companies subject to
13 jurisdiction of the Illinois Commerce Commission or the Federal
14 Communications Commission in connection with the furnishing of
15 circuits, wires, cables, and other facilities to the operator
16 of a community antenna television system.
17     The corporate authorities of each municipality may, in the
18 course of franchising such community antenna television
19 system, grant to such franchisee the authority and the right
20 and permission to use all public streets, rights of way,
21 alleys, ways for public service facilities, parks,
22 playgrounds, school grounds, or other public grounds, in which
23 such municipality may have an interest, for the construction,
24 installation, operation, maintenance, alteration, addition,
25 extension or improvement of a community antenna television
26 system.
27     Any charge imposed by a community antenna television system
28 franchised pursuant to this Section for the raising or removal
29 of cables or lines to permit passage on, to or from a street
30 shall not exceed the reasonable costs of work reasonably
31 necessary to safely permit such passage. Pursuant to
32 subsections (h) and (i) of Section 6 of Article VII of the
33 Constitution of the State of Illinois, the General Assembly
34 declares the regulation of charges which may be imposed by

 

 

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1 community antenna television systems for the raising or removal
2 of cables or lines to permit passage on, to or from streets is
3 a power or function to be exercised exclusively by the State
4 and not to be exercised or performed concurrently with the
5 State by any unit of local government, including any home rule
6 unit.
7     The municipality may, upon written request by the
8 franchisee of a community antenna television system, exercise
9 its right of eminent domain solely for the purpose of granting
10 an easement right no greater than 8 feet in width, extending no
11 greater than 8 feet from any lot line for the purpose of
12 extending cable across any parcel of property in the manner
13 provided by the law of eminent domain, provided, however, such
14 franchisee deposits with the municipality sufficient security
15 to pay all costs incurred by the municipality in the exercise
16 of its right of eminent domain.
17     (d) The General Assembly finds and declares that
18 satellite-transmitted television programming should be
19 available to those who desire to subscribe to such programming
20 and that decoding devices should be obtainable at reasonable
21 prices by those who are unable to obtain satellite-transmitted
22 television programming through duly franchised community
23 antenna television systems.
24     In any instance in which a person is unable to obtain
25 satellite-transmitted television programming through a duly
26 franchised community antenna television system either because
27 the municipality and county in which such person resides has
28 not granted a franchise to operate and maintain a community
29 antenna television system, or because the duly franchised
30 community antenna television system operator does not make
31 cable television services available to such person, any
32 programming company that delivers satellite-transmitted
33 television programming in scrambled or encrypted form shall
34 ensure that devices for decryption description of such

 

 

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1 programming are made available to such person, through the
2 local community antenna television operator or directly, for
3 purchase or lease at prices reasonably related to the cost of
4 manufacture and distribution of such devices.
5     A programming company that directly delivers
6 satellite-transmitted television programming in scrambled or
7 encrypted form through devices for decryption of that
8 programming or that delivers this programming through a local
9 community antenna television operator shall not charge a
10 customer who purchased or leased devices for reception or
11 decryption of satellite television programming a fee in
12 conjunction with the disconnection or removal of the devices. A
13 programming company or community antenna television operator
14 shall not charge a customer a fee for any devices for reception
15 or decryption after disconnection. A programming company or
16 community antenna television operator that installed devices
17 for reception or encryption must remove without any charge, at
18 a reasonable time and in a workman-like manner, any devices for
19 reception or decryption that it installed or caused to be
20 installed at the premises of the customer.
21     (e) The General Assembly finds and declares that, in order
22 to ensure that community antenna television services are
23 provided in an orderly, competitive and economically sound
24 manner, the best interests of the public will be served by the
25 establishment of certain minimum standards and procedures for
26 the granting of additional cable television franchises.
27     Subject to the provisions of this subsection, the authority
28 granted under subsection (a) hereof shall include the authority
29 to license, franchise and tax more than one cable operator to
30 provide community antenna television services within the
31 corporate limits of a single franchising authority. For
32 purposes of this subsection (e), the term:
33         (i) "Existing cable television franchise" means a
34     community antenna television franchise granted by a

 

 

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1     municipality which is in use at the time such municipality
2     receives an application or request by another cable
3     operator for a franchise to provide cable antenna
4     television services within all or any portion of the
5     territorial area which is or may be served under the
6     existing cable television franchise.
7         (ii) "Additional cable television franchise" means a
8     franchise pursuant to which community antenna television
9     services may be provided within the territorial areas, or
10     any portion thereof, which may be served under an existing
11     cable television franchise.
12         (iii) "Franchising Authority" is defined as that term
13     is defined under Section 602(9) of the Cable Communications
14     Policy Act of 1984, Public Law 98-549, but does not include
15     any municipality with a population of 1,000,000 or more.
16         (iv) "Cable operator" is defined as that term is
17     defined under Section 602(4) of the Cable Communications
18     Policy Act of 1984, Public Law 98-549.
19     Before granting an additional cable television franchise,
20 the franchising authority shall:
21         (1) Give written notice to the owner or operator of any
22     other community antenna television system franchised to
23     serve all or any portion of the territorial area to be
24     served by such additional cable television franchise,
25     identifying the applicant for such additional franchise
26     and specifying the date, time and place at which the
27     franchising authority shall conduct public hearings to
28     consider and determine whether such additional cable
29     television franchise should be granted.
30         (2) Conduct a public hearing to determine the public
31     need for such additional cable television franchise, the
32     capacity of public rights-of-way to accommodate such
33     additional community antenna television services, the
34     potential disruption to existing users of public

 

 

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1     rights-of-way to be used by such additional franchise
2     applicant to complete construction and to provide cable
3     television services within the proposed franchise area,
4     the long term economic impact of such additional cable
5     television system within the community, and such other
6     factors as the franchising authority shall deem
7     appropriate.
8         (3) Determine, based upon the foregoing factors,
9     whether it is in the best interest of the municipality to
10     grant such additional cable television franchise.
11         (4) If the franchising authority shall determine that
12     it is in the best interest of the municipality to do so, it
13     may grant the additional cable television franchise.
14     Except as provided in paragraph (5) of this subsection (e),
15     no such additional cable television franchise shall be
16     granted under terms or conditions more favorable or less
17     burdensome to the applicant than those required under the
18     existing cable television franchise, including but not
19     limited to terms and conditions pertaining to the
20     territorial extent of the franchise, system design,
21     technical performance standards, construction schedules,
22     performance bonds, standards for construction and
23     installation of cable television facilities, service to
24     subscribers, public educational and governmental access
25     channels and programming, production assistance, liability
26     and indemnification, and franchise fees.
27         (5) Unless the existing cable television franchise
28     provides that any additional cable television franchise
29     shall be subject to the same terms or substantially
30     equivalent terms and conditions as those of the existing
31     cable television franchise, the franchising authority may
32     grant an additional cable television franchise under
33     different terms and conditions than those of the existing
34     franchise, in which event the franchising authority shall

 

 

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1     enter into good faith negotiations with the existing
2     franchisee and shall, within 120 days after the effective
3     date of the additional cable television franchise, modify
4     the existing cable television franchise in a manner and to
5     the extent necessary to ensure that neither the existing
6     cable television franchise nor the additional cable
7     television franchise, each considered in its entirety,
8     provides a competitive advantage over the other, provided
9     that prior to modifying the existing cable television
10     franchise, the franchising authority shall have conducted
11     a public hearing to consider the proposed modification. No
12     modification in the terms and conditions of the existing
13     cable television franchise shall oblige the existing cable
14     television franchisee (1) to make any additional payment to
15     the franchising authority, including the payment of any
16     additional 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 existing
19     cable television system; and the inclusion of the factors
20     identified in items (2) and (3) shall not be considered in
21     determining whether either franchise considered in its
22     entirety, has a competitive advantage over the other except
23     to the extent that the additional franchisee provides
24     additional video or data services or the equipment or
25     facilities necessary to generate and or carry such service.
26     No modification in the terms and conditions of the existing
27     cable television franchise shall be made if the existing
28     cable television franchisee elects to continue to operate
29     under all terms and conditions of the existing franchise.
30         If within the 120 day period the franchising authority
31     and the existing cable television franchisee are unable to
32     reach agreement on modifications to the existing cable
33     television franchise, then the franchising authority shall
34     modify the existing cable television franchise, effective

 

 

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1     45 days thereafter, in a manner, and only to the extent,
2     that the terms and conditions of the existing cable
3     television franchise shall no longer impose any duty or
4     obligation on the existing franchisee which is not also
5     imposed under the additional cable television franchise;
6     however, if by the modification the existing cable
7     television franchisee is relieved of duties or obligations
8     not imposed under the additional cable television
9     franchise, then within the same 45 days and following a
10     public hearing concerning modification of the additional
11     cable television franchise within that 45 day period, the
12     franchising authority shall modify the additional cable
13     television franchise to the extent necessary to insure that
14     neither the existing cable television franchise nor the
15     additional cable television franchise, each considered in
16     its entirety, shall have a competitive advantage over the
17     other.
18     No municipality shall be subject to suit for damages based
19 upon the municipality's determination to grant or its refusal
20 to grant an additional cable television franchise, provided
21 that a public hearing as herein provided has been held and the
22 franchising authority has determined that it is in the best
23 interest of the municipality to grant or refuse to grant such
24 additional franchise, as the case may be.
25     It is declared to be the law of this State, pursuant to
26 paragraphs (h) and (i) of Section 6 of Article VII of the
27 Illinois Constitution, that the establishment of minimum
28 standards and procedures for the granting of additional cable
29 television franchises by municipalities with a population less
30 than 1,000,000 as provided in this subsection (e) is an
31 exclusive State power and function that may not be exercised
32 concurrently by a home rule unit.
33     (f) No municipality may acquire, construct, own, or operate
34 a community antenna television system unless the corporate

 

 

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1 authorities adopt an ordinance. The ordinance must set forth
2 the action proposed; describe the plant, equipment, and
3 property to be acquired or constructed; and specifically
4 describe the manner in which the construction, acquisition, and
5 operation of the system will be financed.
6     The ordinance may not take effect until the question of
7 acquiring, construction, owning, or operating a community
8 antenna television system has been submitted to the electors of
9 the municipality at a regular election and approved by a
10 majority of the electors voting on the question. The corporate
11 authorities must certify the question to the proper election
12 authority, which must submit the question at an election in
13 accordance with the Election Code.
14     The question must be submitted in substantially the
15 following form:
16         Shall the ordinance authorizing the municipality to
17     (insert action authorized by ordinance) take effect?
18 The votes must be recorded as "Yes" or "No".
19     If a majority of electors voting on the question vote in
20 the affirmative, the ordinance shall take effect.
21     Not more than 30 or less than 15 days before the date of
22 the referendum, the municipal clerk must publish the ordinance
23 at least once in one or more newspapers published in the
24 municipality or, if no newspaper is published in the
25 municipality, in one or more newspapers of general circulation
26 within the municipality.
27 (Source: P.A. 90-285, eff. 7-31-97; 91-648, eff. 1-1-00.)".