Illinois General Assembly - Full Text of SB0876
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Full Text of SB0876  93rd General Assembly

SB0876 93rd General Assembly


093_SB0876

 
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 1        AN ACT relating to telecommunications carriers.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Telephone  Company  Act  is  amended by
 5    adding Section 6 as follows:

 6        (220 ILCS 65/6 new)
 7        Sec.  6.  Entry  upon  property  of   public   utilities,
 8    railroads,  or  pipelines.  Notwithstanding the foregoing, no
 9    telecommunications carrier shall enter upon any  real  estate
10    or  rights  of way in the possession or control of any public
11    utility, railroad or owner or operator of an  oil,  petroleum
12    product,  chemical  or  gas  pipeline  to  install  or remove
13    telecommunications  facilities  or  to  provide   underground
14    maintenance or repair services with respect thereto, prior to
15    delivery to the public utility, railroad or pipeline owner or
16    operator  of  written  notice  of  intent  to enter, install,
17    maintain, or remove.  No entry shall be made until  at  least
18    15  business days after receipt of such written notice.  Such
19    written notice, which shall be delivered  to  the  registered
20    agent  of such public utility, railroad, or pipeline owner or
21    operator shall include the following information:
22        (i)  The date of the proposed installation,  maintenance,
23    repair,  or  removal and projected length of time required to
24    complete such installation, maintenance, repair, or removal;
25        (ii)  The  manner  and  method  of   such   installation,
26    maintenance, repair, or removal;
27        (iii)  The location of the proposed entry and path of the
28    telecommunications   facilities   proposed   to   be  placed,
29    repaired, maintained, or removed  upon  the  real  estate  or
30    right of way; and
31        (iv)  The  written  agreement  of  the telecommunications
 
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 1    carrier to indemnify and hold harmless such  public  utility,
 2    railroad, or pipeline owner or operator from the costs of any
 3    damages  directly  or  indirectly caused by the installation,
 4    maintenance,    repair,    operation,    or    removal     of
 5    telecommunications  facilities.  Upon  request  of the public
 6    utility, railroad, or owner or operator of an oil,  petroleum
 7    product,  chemical,  or  gas pipeline, the telecommunications
 8    carrier shall provide proof that it has  purchased  and  will
 9    maintain  a  policy  or  policies  of  insurance  in  amounts
10    sufficient  to  provide  coverage  for  personal  injury  and
11    property  damage  losses  caused  by  or  resulting  from the
12    installation,   maintenance,   repair,    or    removal    of
13    telecommunications  facilities.  The  written agreement shall
14    provide that the telecommunications  carrier  shall  maintain
15    such  policies  of insurance in full force and effect as long
16    as telecommunications facilities remain on the real estate or
17    right of way.
18        Within 15 business days after receipt after  the  written
19    prior  notice  of  entry  the  public  utility,  railroad, or
20    pipeline owner or operator shall  investigate  and  determine
21    whether or not the proposed entry and installation or repair,
22    maintenance,  or  removal  would create a dangerous condition
23    threatening the safety of the public or  the  safety  of  its
24    employees  or  threatening  to  cause  an interruption of the
25    furnishing of  vital  transportation,  utility,  or  pipeline
26    services   and   upon   so   finding   shall  so  notify  the
27    telecommunications  carrier  of  such  decision  in  writing.
28    Initial determination of the existence of  such  a  dangerous
29    condition  or  interruption  of services shall be made by the
30    public utility, railroad, or pipeline owner or operator whose
31    real estate or right of way is involved.  In the  event  that
32    the    telecommunications   carrier   disagrees   with   such
33    determination, a determination  of  whether  such  entry  and
34    installation,  maintenance,  repair,  or removal would create
 
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 1    such a dangerous condition or  interrupt  services  shall  be
 2    made   by   a   court  of  competent  jurisdiction  upon  the
 3    application of such telecommunications carrier.   An  initial
 4    written  determination  of  a  public  utility,  railroad, or
 5    pipeline owner or operator timely made and transmitted to the
 6    telecommunications carrier, in the absence of a determination
 7    by a court of competent jurisdiction finding to the contrary,
 8    bars the entry of the  telecommunications  carrier  upon  the
 9    real estate or right of way for any purpose.
10        Any  public  utility,  railroad,  or  pipeline  owner  or
11    operator   may   assert   a   written   claim   against   any
12    telecommunications  carrier  for  just compensation within 30
13    days after written notice has been given in  accordance  with
14    this  Section.   If, within 60 days after the receipt of such
15    claim for compensation, the  telecommunications  carrier  has
16    not  agreed  to  the  amount  claimed  or  some  other amount
17    acceptable to the public utility, railroad, or pipeline owner
18    or operator, the public utility, railroad, or pipeline  owner
19    or  operator  may  bring  suit to enforce such claim for just
20    compensation in any court of competent jurisdiction and, upon
21    timely  demand,  may  require  that  the   amount   of   just
22    compensation  be determined by a jury.  Any such action shall
23    be commenced within 6 months after the notice provided for in
24    this Section.  In any action brought to determine  such  just
25    compensation, the public utility, railroad, or pipeline owner
26    or  operator  may  submit such evidence as may be relevant to
27    the issue of just compensation.  Neither the assertion  of  a
28    claim  for compensation nor the initiation of legal action to
29    enforce such claim shall delay or impair  the  right  of  the
30    telecommunications   carrier   to    construct   or   install
31    telecommunications  facilities upon any real estate or rights
32    of way of any public utility, railroad, or pipeline owner  or
33    operator.
34        To the extent that the public utility, railroad, or owner
 
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 1    or  operator  of  an oil, petroleum product, chemical, or gas
 2    pipeline deems  it  appropriate  to  supervise,  monitor,  or
 3    otherwise  assist the telecommunication carrier in connection
 4    with the installation, maintenance,  repair,  or  removal  of
 5    telecommunications facilities upon such real estate or rights
 6    of  way,  the  telecommunications carrier shall reimburse the
 7    public utility, railroad, or owner or  operator  of  an  oil,
 8    petroleum  product,  chemical,  or  gas  pipeline  for  costs
 9    reasonable and actually incurred in connection therewith.
10        The provisions of this Section shall not be applicable to
11    any  easements,  rights  of  way,  or ways for public service
12    facilities in which public utilities, other  than  railroads,
13    have any interest pursuant to the Plat Act and all ordinances
14    enacted  pursuant thereto.  Such easements, rights of way and
15    ways for public service facilities are hereby declared to  be
16    apportionable    and    upon    written    request    by    a
17    telecommunications  carrier, public utilities shall make such
18    easements,  rights  of  way,  and  ways  for  public  service
19    facilities  available  for  the  construction,   maintenance,
20    repair,  or removal of telecommunications facilities provided
21    that such construction, maintenance, repair, or removal  does
22    not  create  a  dangerous condition threatening the safety of
23    the public or the safety of such public utility employees  or
24    threatening  to  cause  an  interruption of the furnishing of
25    vital  utility  service.   Initial   determination   of   the
26    existence  of  such  a dangerous condition or interruption of
27    services shall be made by the public utility whose  easement,
28    right of way, or way for public service facility is involved.
29    In  the  event  the telecommunications carrier disagrees with
30    such  determination,  a   determination   of   whether   such
31    construction,  maintenance,  repair,  or removal would create
32    such a dangerous condition or  threaten  to  interrupt  vital
33    utility  services,  shall  be  made  by  a court of competent
34    jurisdiction upon the application of such  telecommunications
 
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 1    carrier.
 2        In  addition  to such other notices as may be required by
 3    this Section, a telecommunications carrier  shall  not  enter
 4    upon  the real estate or rights of way of any public utility,
 5    railroad, or pipeline owner or operator for the  purposes  of
 6    above-ground  maintenance or repair of its telecommunications
 7    facilities without giving 96 hours prior  written  notice  to
 8    the  registered  agent  of  the  public utility, railroad, or
 9    pipeline owner or operator involved, or  in  the  case  of  a
10    public  utility, giving notice through the statewide one-call
11    notice system provided for by General Order of  the  Illinois
12    Commerce  Commission  or,  if  in Chicago, through the system
13    known as the Chicago Utility Alert Network.

14        Section 99.  Effective date.  This Act takes effect  upon
15    becoming law.