Public Act 100-0251
 
HB0535 EnrolledLRB100 03783 AWJ 13788 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Counties Code is amended by changing Section
5-1096 as follows:
 
    (55 ILCS 5/5-1096)  (from Ch. 34, par. 5-1096)
    Sec. 5-1096. Community antenna television systems;
interference with and payment for access.
    (a) In any instance in which a county has granted a
franchise to any community antenna television company to
construct, operate or maintain a cable television system within
a designated franchise area, no property owner, condominium
association, managing agent, lessee or other person in
possession or control of any residential building located
within such designated franchise area shall forbid or prevent
any occupant, tenant or lessee of any such building from
receiving cable television service from such franchisee, nor
demand or accept payment from any such occupant, tenant or
lessee in any form as a condition of permitting the
installation of cable television facilities or the maintenance
of cable television service in any such building or any portion
thereof occupied or leased by such occupant, tenant or lessee,
nor shall any such property owner, condominium association,
managing agent, lessee or other person discriminate in rental
charges or otherwise against any occupant, tenant or lessee
receiving cable service; provided, however, that the owner of
such building may require, in exchange and as compensation for
permitting the installation of cable television facilities
within and upon such building, the payment of just compensation
to be paid by the cable television franchisee which provides
such cable television service, said sum to be determined in
accordance with the provisions of subparagraphs (c) and (d)
hereof, and provided further that the cable television
franchisee installing such cable television facilities shall
agree to indemnify the owner of such building for any damage
caused by the installation, operation or removal of such cable
television facilities and service.
    No community antenna television company shall install
cable television facilities within a residential building
pursuant to this subparagraph (a) unless an occupant, tenant or
lessee of such residential building requests the delivery of
cable television services.
    (b) In any instance in which a county has granted a
franchise to any community antenna television company to
construct, operate or maintain a cable television system within
a designated franchise area, no property owner, condominium
association, managing agent, lessee or other person in
possession and control of any improved or unimproved real
estate located within such designated franchise area shall
forbid or prevent such cable television franchisee from
entering upon such real estate for the purpose of and in
connection with the construction or installation of such cable
television system and cable television facilities, nor shall
any such property owner, condominium association, managing
agent, lessee or other person in possession or control of such
real estate forbid or prevent such cable television franchisee
from constructing or installing upon, beneath or over such real
estate, including any buildings or other structures located
thereon, hardware, cable, equipment, materials or other cable
television facilities utilized by such cable franchisee in the
construction and installation of such cable television system;
provided, however, that the owner of any such real estate may
require, in exchange and as compensation for permitting the
construction or installation of cable television facilities
upon, beneath or over such real estate, the payment of just
compensation by the cable television franchisee which provides
such cable television service, said sum to be determined in
accordance with the provisions of subparagraphs (c) and (d)
hereof, and provided further that the cable television
franchisee constructing or installing such cable television
facilities shall agree to indemnify the owner of such real
estate for any damage caused by the installation, operation or
removal of such cable television facilities and service.
    (c) In any instance in which the owner of a residential
building or the owner of improved or unimproved real estate
intends to require the payment of just compensation in excess
of $1 in exchange for permitting the installation of cable
television facilities in and upon such building, or upon,
beneath or over such real estate, the owner shall serve written
notice thereof upon the cable television franchisee. Any such
notice shall be served within 20 days of the date on which such
owner is notified of the cable television franchisee's
intention to construct or install cable television facilities
in and upon such building, or upon, beneath or over such real
estate. Unless timely notice as herein provided is given by the
owner to the cable television franchisee, it will be
conclusively presumed that the owner of any such building or
real estate does not claim or intend to require a payment of
more than $1 in exchange and as just compensation for
permitting the installation of cable television facilities
within and upon such building, or upon, beneath or over such
real estate. In any instance in which a cable television
franchisee intends to install cable television facilities as
herein provided, written notice of such intention shall be sent
by the cable television franchisee to the property owner or to
such person, association or managing agent as shall have been
appointed or otherwise designated to manage or operate the
property. Such notice shall include the address of the
property, the name of the cable television franchisee, and
information as to the time within which the owner may give
notice, demand payment as just compensation and initiate legal
proceedings as provided in this subparagraph (c) and
subparagraph (d). In any instance in which a community antenna
television company intends to install cable television
facilities within a residential building containing 12 or more
residential units or upon, beneath, or over real estate that is
used as a site for 12 or more manufactured housing units, 12 or
more mobile homes, or a combination of 12 or more manufactured
housing units and mobile homes, the written notice shall
further provide that the property owner may require that the
community antenna television company submit to the owner
written plans identifying the manner in which cable television
facilities are to be installed, including the proposed location
of coaxial cable. Approval of those plans by the property owner
shall not be unreasonably withheld and the owners' consent to
and approval of those plans shall be presumed unless, within 30
days after receipt thereof, or in the case of a condominium
association, 90 days after receipt thereof, the property owner
identifies in writing the specific manner in which those plans
deviate from generally accepted construction or safety
standards, and unless the property owner contemporaneously
submits an alternative construction plan providing for the
installation of cable television facilities in an economically
feasible manner. The community antenna television company may
proceed with the plans originally submitted if an alternative
plan is not submitted by the property owner within 30 days, or
in the case of a condominium association, 90 days, or if an
alternative plan submitted by the property owner fails to
comply with generally accepted construction and safety
standards or does not provide for the installation of cable
television facilities in an economically feasible manner. For
purposes of this subsection, "mobile home" and "manufactured
housing unit" have the same meaning as in the Illinois
Manufactured Housing and Mobile Home Safety Act.
    (d) Any owner of a residential building described in
subparagraph (a), and any owner of improved or unimproved real
estate described in subparagraph (b), who shall have given
timely written notice to the cable television franchisee as
provided in subparagraph (c), may assert a claim for just
compensation in excess of $1 for permitting the installation of
cable television facilities within and upon such building, or
upon, beneath or over such real estate. Within 30 days after
notice has been given in accordance with subparagraph (c), the
owner shall advise the cable television franchisee in writing
of the amount claimed as just compensation. If within 60 days
after the receipt of the owner's claim, the cable television
franchisee has not agreed to pay the amount claimed or some
other amount acceptable to the owner, the owner may bring suit
to enforce such claim for just compensation in any court of
competent jurisdiction and, upon timely demand, may require
that the amount of just compensation be determined by a jury.
Any such action shall be commenced within 6 months of the
notice given by the cable television franchisee pursuant to
subparagraph (c) hereof. In any action brought to determine
such amount, the owner may submit evidence of a decrease in the
fair market value of the property occasioned by the
installation or location of the cable on the property, that the
owner has a specific alternative use for the space occupied by
cable television facilities, the loss of which will result in a
monetary loss to the owner, or that installation of cable
television facilities within and upon such building or upon,
beneath or over such real estate otherwise substantially
interferes with the use and occupancy of such building to an
extent which causes a decrease in the fair market value of such
building or real estate.
    (e) Neither the giving of a notice by the owner under
subparagraph (c), nor the assertion of a specific claim, nor
the initiation of legal action to enforce such claim, as
provided under subparagraph (d), shall delay or impair the
right of the cable television franchisee to construct or
install cable television facilities and maintain cable
television services within or upon any building described in
subparagraph (a) or upon, beneath or over real estate described
in subparagraph (b).
    (f) Notwithstanding the foregoing, no community antenna
television company shall enter upon any real estate or rights
of way in the possession or control of any public utility,
railroad or owner or operator of an oil, petroleum product,
chemical or gas pipeline to install or remove cable television
facilities or to provide underground maintenance or repair
services with respect thereto, prior to delivery to the public
utility, railroad or pipeline owner or operator of written
notice of intent to enter, install, maintain, or remove. For
the purposes of this subsection (f), and only in the case of
real estate or rights-of-way in possession of or in control of
a railroad, the right to enter upon includes the installation,
construction, operation, repair, maintenance, or removal of
wire, cable, fiber, conduit, or related facilities that are at,
above, or below grade and that cross the real estate or
rights-of-way in a manner that runs generally perpendicular to
the railroad tracks or railroad right-of-way. For the purposes
of this subsection (f), and only in the case of real estate or
rights-of-way in possession of or in the control of a railroad,
the right to enter upon does not apply to wire, cable, fiber,
conduit, or related facilities that run along, within, and
generally parallel to, but do not cross, the railroad tracks or
railroad right-of-way. No entry shall be made until at least 30
15 business days after receipt of such written notice. Such
written notice, which shall be delivered to the registered
agent of such public utility, railroad or pipeline owner or
operator shall include the following information:
        (i) The date of the proposed installation,
    maintenance, repair, or removal and projected length of
    time required to complete such installation, maintenance,
    repair or removal;
        (ii) The manner and method of, and the detailed design
    and construction plans that conform to the applicable
    published and publicly available American Railway
    Engineering and Maintenance-of-Way Association standards
    and the published and publicly available standards for the
    appropriate railroad for, such installation, maintenance,
    repair, or removal;
        (iii) The location of the proposed entry and path of
    cable television facilities proposed to be placed,
    repaired, maintained or removed upon the real estate or
    right of way; and
        (iv) The written agreement of the community antenna
    television company to indemnify and hold harmless such
    public utility, railroad or pipeline owner or operator from
    the costs of any damages directly or indirectly caused by
    the installation, maintenance, repair, operation, or
    removal of cable television facilities. Upon request of the
    public utility, railroad, or owner or operator of an oil,
    petroleum product, chemical or gas pipeline, the community
    antenna television company shall provide proof that it has
    purchased and will maintain a policy or policies of
    insurance in amounts sufficient to provide coverage for
    personal injury and property damage losses caused by or
    resulting from the installation, maintenance, repair, or
    removal of cable television facilities. The written
    agreement shall provide that the community antenna
    television company shall maintain such policies of
    insurance in full force and effect as long as cable
    television facilities remain on the real estate or right of
    way; and .
        (v) A statement, based upon information available to
    the community antenna television company, confirming that
    the proposed installation, maintenance, repair, or removal
    does not create a dangerous condition or threaten public or
    employee safety and will not adversely impact railroad
    operations or disrupt vital transportation services.
    For purposes of this subsection (f), "community antenna
television company" includes, in the case of real estate or
rights-of-way in possession of or in control of a railroad, a
holder, cable operator, or broadband service provider, as those
terms are defined in Section 21-201 of the Public Utilities
Act.
    Within 30 15 business days of receipt of the written prior
notice of entry the public utility, railroad or pipeline owner
or operator shall investigate and determine whether or not the
proposed entry and installation or repair, maintenance, or
removal would create a dangerous condition threatening the
safety of the public or the safety of its employees or
threatening to cause an interruption of the furnishing of vital
transportation, utility or pipeline services and upon so
finding shall so notify the community antenna television
company of such decision in writing. Initial determination of
the existence of such a dangerous condition or interruption of
services shall be made by the public utility, railroad or
pipeline owner or operator whose real estate or right of way is
involved. In the event that the community antenna television
company disagrees with such determination, a determination of
whether such entry and installation, maintenance, repair, or
removal would create such a dangerous condition or interrupt
services shall, upon the application of the community antenna
television company, be made by the Illinois Commerce Commission
Transportation Division in accordance with the Commission's
Rail Safety Program a court of competent jurisdiction upon the
application of such community antenna television company. An
initial written determination of a public utility, railroad, or
pipeline owner or operator timely made and transmitted to the
community antenna television company, in the absence of a
determination by a court of competent jurisdiction or an
Illinois Commerce Commission Transportation Division finding
to the contrary, bars the entry of the community antenna
television company upon the real estate or right of way for any
purpose.
    Any public utility, railroad or pipeline owner or operator
may assert a written claim against any community antenna
television company for just compensation within 30 days after
written notice has been given in accordance with this
subparagraph (f). If, within 60 days after the receipt of such
claim for compensation, the community antenna television
company has not agreed to the amount claimed or some other
amount acceptable to the public utility, railroad or pipeline
owner or operator, the public utility, railroad or pipeline
owner or operator may bring suit to enforce such claim for just
compensation in any court of competent jurisdiction and, upon
timely demand, may require that the amount of just compensation
be determined by a jury. Any such action shall be commenced
within 6 months of the notice provided for in this subparagraph
(f). In any action brought to determine such just compensation,
the public utility, railroad or pipeline owner or operator may
submit such evidence as may be relevant to the issue of just
compensation. Neither the assertion of a claim for compensation
nor the initiation of legal action to enforce such claim shall
delay or impair the right of the community antenna television
company to construct or install cable television facilities
upon any real estate or rights of way of any public utility,
railroad or pipeline owner or operator.
    To the extent that the public utility, railroad, or owner
or operator of an oil, petroleum product, chemical or gas
pipeline deems it appropriate to supervise, monitor or
otherwise assist the community antenna television company in
connection with the installation, maintenance, repair, or
removal of cable television facilities upon such real estate or
rights of way, the community antenna television company shall
reimburse the public utility, railroad or owner or operator of
an oil, petroleum product, chemical or gas pipeline for costs
reasonable and actually incurred in connection therewith.
    The provisions of this subparagraph (f) shall not be
applicable to any easements, rights of way or ways for public
service facilities in which public utilities, other than
railroads, have any interest pursuant to "an Act to revise the
law in relation to plats" approved March 21, 1874, and all
ordinances enacted pursuant thereto. Such easements, rights of
way and ways for public service facilities are hereby declared
to be apportionable and upon written request by a community
antenna television company, public utilities shall make such
easements, rights of way and ways for public service facilities
available for the construction, maintenance, repair or removal
of cable television facilities provided that such
construction, maintenance, repair or removal does not create a
dangerous condition threatening the safety of the public or the
safety of such public utility employees or threatening to cause
an interruption of the furnishing of vital utility service.
Initial determination of the existence of such a dangerous
condition or interruption of services shall be made by the
public utility whose easement, right of way or way for public
service facility is involved. In the event the community
antenna television company disagrees with such determination,
a determination of whether such construction, maintenance,
repair or removal would create such a dangerous condition or
threaten to interrupt vital utility services, shall be made by
a court of competent jurisdiction upon the application of such
community antenna television company.
    If a county notifies or a county requires a developer to
notify a public utility before or after issuing a permit or
other authorization for the construction of residential
buildings, then the county or developer shall, at the same
time, similarly notify any community antenna television system
franchised by or within that county.
    In addition to such other notices as may be required by
this subparagraph (f), a community antenna television company
shall not enter upon the real estate or rights of way of any
public utility, railroad or pipeline owner or operator for the
purposes of above-ground maintenance or repair of its
television cable facilities without giving 96 hours prior
written notice to the registered agent of the public utility,
railroad or pipeline owner or operator involved, or in the case
of a public utility, notice may be given through the statewide
one-call notice system provided for by General Order of the
Illinois Commerce Commission or, if in Chicago, through the
system known as the Chicago Utility Alert Network.
(Source: P.A. 93-219, eff. 1-1-04.)
 
    Section 10. The Illinois Municipal Code is amended by
changing Section 11-42-11.1 as follows:
 
    (65 ILCS 5/11-42-11.1)  (from Ch. 24, par. 11-42-11.1)
    Sec. 11-42-11.1. (a) In any instance in which a
municipality has (i) granted a franchise to any community
antenna television company or (ii) decided for the municipality
itself to construct, operate or maintain a cable television
system within a designated area, no property owner, condominium
association, managing agent, lessee or other person in
possession or control of any residential building located
within the designated area shall forbid or prevent any
occupant, tenant or lessee of any such building from receiving
cable television service from such franchisee or municipality,
nor demand or accept payment from any such occupant, tenant or
lessee in any form as a condition of permitting the
installation of cable television facilities or the maintenance
of cable television service in any such building or any portion
thereof occupied or leased by such occupant, tenant or lessee,
nor shall any such property owner, condominium association,
managing agent, lessee or other person discriminate in rental
charges or otherwise against any occupant, tenant or lessee
receiving cable service; provided, however, that the owner of
such building may require, in exchange and as compensation for
permitting the installation of cable television facilities
within and upon such building, the payment of just compensation
by the cable television franchisee which provides such cable
television service, said sum to be determined in accordance
with the provisions of subparagraphs (c) and (d) hereof, and
provided further that the cable television franchisee
installing such cable television facilities shall agree to
indemnify the owner of such building for any damage caused by
the installation, operation or removal of such cable television
facilities and service.
    No community antenna television company shall install
cable television facilities within a residential building
pursuant to this subparagraph (a) unless an occupant, tenant or
lessee of such residential building requests the delivery of
cable television services. In any instance in which a request
for service is made by more than 3 occupants, tenants or
lessees of a residential building, the community antenna
television company may install cable television facilities
throughout the building in a manner which enables the community
antenna television company to provide cable television
services to occupants, tenants or lessees of other residential
units without requiring the installation of additional cable
television facilities other than within the residential units
occupied by such other occupants, tenants or lessees.
    (b) In any instance in which a municipality has (i) granted
a franchise to any community antenna television company or (ii)
decided for the municipality itself to construct, operate or
maintain a cable television system within a designated area, no
property owner, condominium association, managing agent,
lessee or other person in possession and control of any
improved or unimproved real estate located within such
designated area shall forbid or prevent such cable television
franchisee or municipality from entering upon such real estate
for the purpose of and in connection with the construction or
installation of such cable television system and cable
television facilities, nor shall any such property owner,
condominium association, managing agent, lessee or other
person in possession or control of such real estate forbid or
prevent such cable television franchisee or municipality from
constructing or installing upon, beneath or over such real
estate, including any buildings or other structures located
thereon, hardware, cable, equipment, materials or other cable
television facilities utilized by such cable franchisee or
municipality in the construction and installation of such cable
television system; provided, however, that the owner of any
such real estate may require, in exchange and as compensation
for permitting the construction or installation of cable
television facilities upon, beneath or over such real estate,
the payment of just compensation by the cable television
franchisee which provides such cable television service, said
sum to be determined in accordance with the provisions of
subparagraphs (c) and (d) hereof, and provided further that the
cable television franchisee constructing or installing such
cable television facilities shall agree to indemnify the owner
of such real estate for any damage caused by the installation,
operation or removal of such cable television facilities and
service.
    (c) In any instance in which the owner of a residential
building or the owner of improved or unimproved real estate
intends to require the payment of just compensation in excess
of $1 in exchange for permitting the installation of cable
television facilities in and upon such building, or upon,
beneath or over such real estate, the owner shall serve written
notice thereof upon the cable television franchisee. Any such
notice shall be served within 20 days of the date on which such
owner is notified of the cable television franchisee's
intention to construct or install cable television facilities
in and upon such building, or upon, beneath or over such real
estate. Unless timely notice as herein provided is given by the
owner to the cable television franchisee, it will be
conclusively presumed that the owner of any such building or
real estate does not claim or intend to require a payment of
more than $1 in exchange and as just compensation for
permitting the installation of cable television facilities
within and upon such building, or upon, beneath or over such
real estate. In any instance in which a cable television
franchisee intends to install cable television facilities as
herein provided, written notice of such intention shall be sent
by the cable television franchisee to the property owner or to
such person, association or managing agent as shall have been
appointed or otherwise designated to manage or operate the
property. Such notice shall include the address of the
property, the name of the cable television franchisee, and
information as to the time within which the owner may give
notice, demand payment as just compensation and initiate legal
proceedings as provided in this subparagraph (c) and
subparagraph (d). In any instance in which a community antenna
television company intends to install cable television
facilities within a residential building containing 12 or more
residential units or upon, beneath, or over real estate that is
used as a site for 12 or more manufactured housing units, 12 or
more mobile homes, or a combination of 12 or more manufactured
housing units and mobile homes, the written notice shall
further provide that the property owner may require that the
community antenna television company submit to the owner
written plans identifying the manner in which cable television
facilities are to be installed, including the proposed location
of coaxial cable. Approval of such plans by the property owner
shall not be unreasonably withheld and such owners' consent to
and approval of such plans shall be presumed unless, within 30
days after receipt thereof, or in the case of a condominium
association, 90 days after receipt thereof, the property owner
identifies in writing the specific manner in which such plans
deviate from generally accepted construction or safety
standards, and unless the property owner contemporaneously
submits an alternative construction plan providing for the
installation of cable television facilities in an economically
feasible manner. The community antenna television company may
proceed with the plans originally submitted if an alternative
plan is not submitted by the property owner within 30 days, or
in the case of a condominium association, 90 days, or if an
alternative plan submitted by the property owner fails to
comply with generally accepted construction and safety
standards or does not provide for the installation of cable
television facilities in an economically feasible manner. For
purposes of this subsection, "mobile home" and "manufactured
housing unit" have the same meaning as in the Illinois
Manufactured Housing and Mobile Home Safety Act.
    (d) Any owner of a residential building described in
subparagraph (a), and any owner of improved or unimproved real
estate described in subparagraph (b), who shall have given
timely written notice to the cable television franchisee as
provided in subparagraph (c), may assert a claim for just
compensation in excess of $1 for permitting the installation of
cable television facilities within and upon such building, or
upon, beneath or over such real estate. Within 30 days after
notice has been given in accordance with subparagraph (c), the
owner shall advise the cable television franchisee in writing
of the amount claimed as just compensation. If within 60 days
after the receipt of the owner's claim, the cable television
franchisee has not agreed to pay the amount claimed or some
other amount acceptable to the owner, the owner may bring suit
to enforce such claim for just compensation in any court of
competent jurisdiction and, upon timely demand, may require
that the amount of just compensation be determined by a jury.
Any such action shall be commenced within 6 months of the
notice given by the cable television franchisee pursuant to
subparagraph (c) hereof. In any action brought to determine
such amount, the owner may submit evidence of a decrease in the
fair market value of the property occasioned by the
installation or location of the cable on the property, that the
owner has a specific alternative use for the space occupied by
cable television facilities, the loss of which will result in a
monetary loss to the owner, or that installation of cable
television facilities within and upon such building or upon,
beneath or over such real estate otherwise substantially
interferes with the use and occupancy of such building to an
extent which causes a decrease in the fair market value of such
building or real estate.
    (e) Neither the giving of a notice by the owner under
subparagraph (c), nor the assertion of a specific claim, nor
the initiation of legal action to enforce such claim, as
provided under subparagraph (d), shall delay or impair the
right of the cable television franchisee to construct or
install cable television facilities and maintain cable
television services within or upon any building described in
subparagraph (a) or upon, beneath or over real estate described
in subparagraph (b).
    (f) Notwithstanding the foregoing, no community antenna
television company or municipality shall enter upon any real
estate or rights of way in the possession or control of any
public utility, railroad or owner or operator of an oil,
petroleum product, chemical or gas pipeline to install or
remove cable television facilities or to provide underground
maintenance or repair services with respect thereto, prior to
delivery to the public utility, railroad or pipeline owner or
operator of written notice of intent to enter, install,
maintain, or remove. For the purposes of this subsection (f),
and only in the case of real estate or rights-of-way in
possession of or in control of a railroad, the right to enter
upon includes the installation, construction, operation,
repair, maintenance, or removal of wire, cable, fiber, conduit,
or related facilities that are at, above, or below grade and
that cross the real estate or rights-of-way in a manner that
runs generally perpendicular to the railroad tracks or railroad
right-of-way. For the purposes of this subsection (f), and only
in the case of real estate or rights-of-way in possession of or
in the control of a railroad, the right to enter upon does not
apply to wire, cable, fiber, conduit, or related facilities
that run along, within, and generally parallel to, but do not
cross, the railroad tracks or railroad right-of-way. No entry
shall be made until at least 30 15 business days after receipt
of such written notice. Such written notice, which shall be
delivered to the registered agent of such public utility,
railroad or pipeline owner or operator shall include the
following information:
        (i) The date of the proposed installation,
    maintenance, repair, or removal and projected length of
    time required to complete such installation, maintenance,
    repair or removal;
        (ii) The manner and method of, and the detailed design
    and construction plans that conform to the applicable
    published and publicly available American Railway
    Engineering and Maintenance-of-Way Association standards
    and the published and publicly available standards for the
    appropriate railroad for, such installation, maintenance,
    repair, or removal;
        (iii) The location of the proposed entry and path of
    cable television facilities proposed to be placed,
    repaired, maintained or removed upon the real estate or
    right of way; and
        (iv) The written agreement of the community antenna
    television company to indemnify and hold harmless such
    public utility, railroad or pipeline owner or operator from
    the costs of any damages directly or indirectly caused by
    the installation, maintenance, repair, operation, or
    removal of cable television facilities. Upon request of the
    public utility, railroad, or owner or operator of an oil,
    petroleum product, chemical or gas pipeline, the community
    antenna television company shall provide proof that it has
    purchased and will maintain a policy or policies of
    insurance in amounts sufficient to provide coverage for
    personal injury and property damage losses caused by or
    resulting from the installation, maintenance, repair, or
    removal of cable television facilities. The written
    agreement shall provide that the community antenna
    television company shall maintain such policies of
    insurance in full force and effect as long as cable
    television facilities remain on the real estate or right of
    way; and .
        (v) A statement, based upon information available to
    the community antenna television company, confirming that
    the proposed installation, maintenance, repair, or removal
    does not create a dangerous condition or threaten public or
    employee safety and will not adversely impact railroad
    operations or disrupt vital transportation services.
    For purposes of this subsection (f), and only in the case
of real estate or rights-of-way in possession of or in control
of a railroad, "community antenna television company" includes
a holder, cable operator, or broadband service provider, as
those terms are defined in Section 21-201 of the Public
Utilities Act.
    Within 30 15 business days of receipt of the written prior
notice of entry the public utility, railroad or pipeline owner
or operator shall investigate and determine whether or not the
proposed entry and installation or repair, maintenance, or
removal would create a dangerous condition threatening the
safety of the public or the safety of its employees or
threatening to cause an interruption of the furnishing of vital
transportation, utility or pipeline services and upon so
finding shall so notify the community antenna television
company or municipality of such decision in writing. Initial
determination of the existence of such a dangerous condition or
interruption of services shall be made by the public utility,
railroad or pipeline owner or operator whose real estate or
right of way is involved. In the event that the community
antenna television company or municipality disagrees with such
determination, a determination of whether such entry and
installation, maintenance, repair, or removal would create
such a dangerous condition or interrupt services shall, upon
application of the community antenna television company, be
made by the Illinois Commerce Commission Transportation
Division in accordance with the Commission's Rail Safety
Program a court of competent jurisdiction upon the application
of such community antenna television company or municipality.
An initial written determination of a public utility, railroad,
or pipeline owner or operator timely made and transmitted to
the community antenna television company or municipality, in
the absence of a determination by the Illinois Commerce
Commission Transportation Division, in accordance with the
Commission's Rail Safety Program, or a court of competent
jurisdiction finding to the contrary, bars the entry of the
community antenna television company or municipality upon the
real estate or right of way for any purpose.
    Any public utility, railroad or pipeline owner or operator
may assert a written claim against any community antenna
television company for just compensation within 30 days after
written notice has been given in accordance with this
subparagraph (f). If, within 60 days after the receipt of such
claim for compensation, the community antenna television
company has not agreed to the amount claimed or some other
amount acceptable to the public utility, railroad or pipeline
owner or operator, the public utility, railroad or pipeline
owner or operator may bring suit to enforce such claim for just
compensation in any court of competent jurisdiction and, upon
timely demand, may require that the amount of just compensation
be determined by a jury. Any such action shall be commenced
within 6 months of the notice provided for in this subparagraph
(f). In any action brought to determine such just compensation,
the public utility, railroad or pipeline owner or operator may
submit such evidence as may be relevant to the issue of just
compensation. Neither the assertion of a claim for compensation
nor the initiation of legal action to enforce such claim shall
delay or impair the right of the community antenna television
company to construct or install cable television facilities
upon any real estate or rights of way of any public utility,
railroad or pipeline owner or operator.
    To the extent that the public utility, railroad, or owner
or operator of an oil, petroleum product, chemical or gas
pipeline deems it appropriate to supervise, monitor or
otherwise assist the community antenna television company in
connection with the installation, maintenance, repair or
removal of cable television facilities upon such real estate or
rights of way, the community antenna television company shall
reimburse the public utility, railroad or owner or operator of
an oil, petroleum product, chemical or gas pipeline for costs
reasonable and actually incurred in connection therewith.
    The provisions of this subparagraph (f) shall not be
applicable to any easements, rights of way or ways for public
service facilities in which public utilities, other than
railroads, have any interest pursuant to "An Act to revise the
law in relation to plats", approved March 21, 1874, as amended,
and all ordinances enacted pursuant thereto. Such easements,
rights of way and ways for public service facilities are hereby
declared to be apportionable and upon written request by a
community antenna television company, public utilities shall
make such easements, rights of way and ways for public service
facilities available for the construction, maintenance, repair
or removal of cable television facilities provided that such
construction, maintenance, repair or removal does not create a
dangerous condition threatening the safety of the public or the
safety of such public utility employees or threatening to cause
an interruption of the furnishing of vital utility service.
Initial determination of the existence of such a dangerous
condition or interruption of services shall be made by the
public utility whose easement, right of way or way for public
service facility is involved. In the event the community
antenna television company or municipality disagrees with such
determination, a determination of whether such construction,
maintenance, repair or removal would create such a dangerous
condition or threaten to interrupt vital utility services,
shall be made by a court of competent jurisdiction upon the
application of such community antenna television company.
    If a municipality notifies or a municipality requires a
developer to notify a public utility before or after issuing a
permit or other authorization for the construction of
residential buildings, then the municipality or developer
shall, at the same time, similarly notify any community antenna
television system franchised by or within that municipality.
    In addition to such other notices as may be required by
this subparagraph (f), a community antenna television company
or municipality shall not enter upon the real estate or rights
of way of any public utility, railroad or pipeline owner or
operator for the purposes of above-ground maintenance or repair
of its television cable facilities without giving 96 hours
prior written notice to the registered agent of the public
utility, railroad or pipeline owner or operator involved, or in
the case of a public utility, notice may be given through the
statewide one-call notice system provided for by General Order
of the Illinois Commerce Commission or, if in Chicago, through
the system known as the Chicago Utility Alert Network.
(Source: P.A. 93-219, eff. 1-1-04.)
 
    Section 15. The Crossing of Railroad Right-of-way Act is
amended by changing Section 5 as follows:
 
    (220 ILCS 70/5)
    Sec. 5. Definitions. As used in this Act, unless the
context otherwise requires:
    "Crossing" means the construction, operation, repair, or
maintenance of a facility over, under, or across a railroad
right-of-way by a utility when the right-of-way is owned by a
land management company and not a registered rail carrier.
    "Direct expenses" includes, but is not limited to, any or
all of the following:
        (1) The cost of inspecting and monitoring the crossing
    site.
        (2) Administrative and engineering costs for review of
    specifications and for entering a crossing on the
    railroad's books, maps, and property records and other
    reasonable administrative and engineering costs incurred
    as a result of the crossing.
        (3) Document and preparation fees associated with a
    crossing, and any engineering specifications related to
    the crossing.
        (4) Damages assessed in connection with the rights
    granted to a utility with respect to a crossing.
    "Facility" means any cable, conduit, wire, pipe, casing
pipe, supporting poles and guys, manhole, or other material or
equipment, that is used by a utility to furnish any of the
following:
        (1) Communications, video, or information services.
        (2) Electricity.
        (3) Gas by piped system.
        (4) Sanitary and storm sewer service.
        (5) Water by piped system.
    "Land management company" means an entity that is the
owner, manager, or agent of a railroad right-of-way and is not
a registered rail carrier.
    "Railroad right-of-way" means one or more of the following:
        (1) A right-of-way or other interest in real estate
    that is owned or operated by a land management company and
    not a registered rail carrier.
        (2) Any other interest in a former railroad
    right-of-way that has been acquired or is operated by a
    land management company or similar entity.
    "Special circumstances" means either or both of the
following:
        (1) The characteristics of a segment of a railroad
    right-of-way not found in a typical segment of a railroad
    right-of-way that enhance the value or increase the damages
    or the engineering or construction expenses for the land
    management company associated with a proposed crossing, or
    to the current or reasonably anticipated use by a land
    management company of the railroad right-of-way,
    necessitating additional terms and conditions or
    compensation associated with a crossing.
        (2) Variances from the standard specifications
    requested by the land management company.
    "Special circumstances" may include, but is not limited to,
the railroad right-of-way segment's relationship to other
property, location in urban or other developed areas, the
existence of unique topography or natural resources, or other
characteristics or dangers inherent in the particular crossing
or segment of the railroad right-of-way.
    "Utility" shall include (1) public utilities as defined in
Section 3-105 of the Public Utilities Act, (2)
telecommunications carriers as defined in Section 13-202 of the
Public Utilities Act, (3) electric cooperatives as defined in
Section 3.4 of the Electric Supplier Act, (4) telephone or
telecommunications cooperatives as defined in Section 13-212
of the Public Utilities Act, (5) rural water or waste water
systems with 10,000 connections or less, (6) a holder as
defined in Section 21-201 of the Public Utilities Act, (7)
municipalities owning or operating utility systems consisting
of public utilities as that term is defined in Section 11-117-2
of the Illinois Municipal Code, and (8) a cable operator that
is issued a cable television franchise by the municipality or
county pursuant to Section 11-42-11 of the Illinois Municipal
Code or Section 5-1095 of the Counties Code, and (9) a provider
of broadband service as that term is defined in Section 21-201
of the Public Utilities Act.
(Source: P.A. 99-525, eff. 6-30-16.)
 
    Section 20. The Illinois Vehicle Code is amended by
changing Section 18c-7401 as follows:
 
    (625 ILCS 5/18c-7401)  (from Ch. 95 1/2, par. 18c-7401)
    Sec. 18c-7401. Safety Requirements for Track, Facilities,
and Equipment.
    (1) General Requirements. Each rail carrier shall,
consistent with rules, orders, and regulations of the Federal
Railroad Administration, construct, maintain, and operate all
of its equipment, track, and other property in this State in
such a manner as to pose no undue risk to its employees or the
person or property of any member of the public.
    (2) Adoption of Federal Standards. The track safety
standards and accident/incident standards promulgated by the
Federal Railroad Administration shall be safety standards of
the Commission. The Commission may, in addition, adopt by
reference in its regulations other federal railroad safety
standards, whether contained in federal statutes or in
regulations adopted pursuant to such statutes.
    (3) Railroad Crossings. No public road, highway, or street
shall hereafter be constructed across the track of any rail
carrier at grade, nor shall the track of any rail carrier be
constructed across a public road, highway or street at grade,
without having first secured the permission of the Commission;
provided, that this Section shall not apply to the replacement
of lawfully existing roads, highways and tracks. No public
pedestrian bridge or subway shall be constructed across the
track of any rail carrier without having first secured the
permission of the Commission. The Commission shall have the
right to refuse its permission or to grant it upon such terms
and conditions as it may prescribe. The Commission shall have
power to determine and prescribe the manner, including the
particular point of crossing, and the terms of installation,
operation, maintenance, use and protection of each such
crossing.
    The Commission shall also have power, after a hearing, to
require major alteration of or to abolish any crossing,
heretofore or hereafter established, when in its opinion, the
public safety requires such alteration or abolition, and,
except in cities, villages and incorporated towns of 1,000,000
or more inhabitants, to vacate and close that part of the
highway on such crossing altered or abolished and cause
barricades to be erected across such highway in such manner as
to prevent the use of such crossing as a highway, when, in the
opinion of the Commission, the public convenience served by the
crossing in question is not such as to justify the further
retention thereof; or to require a separation of grades, at
railroad-highway grade crossings; or to require a separation of
grades at any proposed crossing where a proposed public highway
may cross the tracks of any rail carrier or carriers; and to
prescribe, after a hearing of the parties, the terms upon which
such separations shall be made and the proportion in which the
expense of the alteration or abolition of such crossings or the
separation of such grades, having regard to the benefits, if
any, accruing to the rail carrier or any party in interest,
shall be divided between the rail carrier or carriers affected,
or between such carrier or carriers and the State, county,
municipality or other public authority in interest. However, a
public hearing by the Commission to abolish a crossing shall
not be required when the public highway authority in interest
vacates the highway. In such instance the rail carrier,
following notification to the Commission and the highway
authority, shall remove any grade crossing warning devices and
the grade crossing surface.
    The Commission shall also have power by its order to
require the reconstruction, minor alteration, minor relocation
or improvement of any crossing (including the necessary highway
approaches thereto) of any railroad across any highway or
public road, pedestrian bridge, or pedestrian subway, whether
such crossing be at grade or by overhead structure or by
subway, whenever the Commission finds after a hearing or
without a hearing as otherwise provided in this paragraph that
such reconstruction, alteration, relocation or improvement is
necessary to preserve or promote the safety or convenience of
the public or of the employees or passengers of such rail
carrier or carriers. By its original order or supplemental
orders in such case, the Commission may direct such
reconstruction, alteration, relocation, or improvement to be
made in such manner and upon such terms and conditions as may
be reasonable and necessary and may apportion the cost of such
reconstruction, alteration, relocation or improvement and the
subsequent maintenance thereof, having regard to the benefits,
if any, accruing to the railroad or any party in interest,
between the rail carrier or carriers and public utilities
affected, or between such carrier or carriers and public
utilities and the State, county, municipality or other public
authority in interest. The cost to be so apportioned shall
include the cost of changes or alterations in the equipment of
public utilities affected as well as the cost of the
relocation, diversion or establishment of any public highway,
made necessary by such reconstruction, alteration, relocation
or improvement of said crossing. A hearing shall not be
required in those instances when the Commission enters an order
confirming a written stipulation in which the Commission, the
public highway authority or other public authority in interest,
the rail carrier or carriers affected, and in instances
involving the use of the Grade Crossing Protection Fund, the
Illinois Department of Transportation, agree on the
reconstruction, alteration, relocation, or improvement and the
subsequent maintenance thereof and the division of costs of
such changes of any grade crossing (including the necessary
highway approaches thereto) of any railroad across any highway,
pedestrian bridge, or pedestrian subway.
    Every rail carrier operating in the State of Illinois shall
construct and maintain every highway crossing over its tracks
within the State so that the roadway at the intersection shall
be as flush with the rails as superelevated curves will allow,
and, unless otherwise ordered by the Commission, shall
construct and maintain the approaches thereto at a grade of not
more than 5% within the right of way for a distance of not less
the 6 feet on each side of the centerline of such tracks;
provided, that the grades at the approaches may be maintained
in excess of 5% only when authorized by the Commission.
    Every rail carrier operating within this State shall remove
from its right of way at all railroad-highway grade crossings
within the State, such brush, shrubbery, and trees as is
reasonably practical for a distance of not less than 500 feet
in either direction from each grade crossing. The Commission
shall have power, upon its own motion, or upon complaint, and
after having made proper investigation, to require the
installation of adequate and appropriate luminous reflective
warning signs, luminous flashing signals, crossing gates
illuminated at night, or other protective devices in order to
promote and safeguard the health and safety of the public.
Luminous flashing signal or crossing gate devices installed at
grade crossings, which have been approved by the Commission,
shall be deemed adequate and appropriate. The Commission shall
have authority to determine the number, type, and location of
such signs, signals, gates, or other protective devices which,
however, shall conform as near as may be with generally
recognized national standards, and the Commission shall have
authority to prescribe the division of the cost of the
installation and subsequent maintenance of such signs,
signals, gates, or other protective devices between the rail
carrier or carriers, the public highway authority or other
public authority in interest, and in instances involving the
use of the Grade Crossing Protection Fund, the Illinois
Department of Transportation. Except where train crews provide
flagging of the crossing to road users, yield signs shall be
installed at all highway intersections with every grade
crossing in this State that is not equipped with automatic
warning devices, such as luminous flashing signals or crossing
gate devices. A stop sign may be used in lieu of the yield sign
when an engineering study conducted in cooperation with the
highway authority and the Illinois Department of
Transportation has determined that a stop sign is warranted. If
the Commission has ordered the installation of luminous
flashing signal or crossing gate devices at a grade crossing
not equipped with active warning devices, the Commission shall
order the installation of temporary stop signs at the highway
intersection with the grade crossing unless an engineering
study has determined that a stop sign is not appropriate. If a
stop sign is not appropriate, the Commission may order the
installation of other appropriate supplemental signing as
determined by an engineering study. The temporary signs shall
remain in place until the luminous flashing signal or crossing
gate devices have been installed. The rail carrier is
responsible for the installation and subsequent maintenance of
any required signs. The permanent signs shall be in place by
July 1, 2011.
    No railroad may change or modify the warning device system
at a railroad-highway grade crossing, including warning
systems interconnected with highway traffic control signals,
without having first received the approval of the Commission.
The Commission shall have the further power, upon application,
upon its own motion, or upon complaint and after having made
proper investigation, to require the interconnection of grade
crossing warning devices with traffic control signals at
highway intersections located at or near railroad crossings
within the distances described by the State Manual on Uniform
Traffic Control Devices adopted pursuant to Section 11-301 of
this Code. In addition, State and local authorities may not
install, remove, modernize, or otherwise modify traffic
control signals at a highway intersection that is
interconnected or proposed to be interconnected with grade
crossing warning devices when the change affects the number,
type, or location of traffic control devices on the track
approach leg or legs of the intersection or the timing of the
railroad preemption sequence of operation until the Commission
has approved the installation, removal, modernization, or
modification. Commission approval shall be limited to
consideration of issues directly affecting the public safety at
the railroad-highway grade crossing. The electrical circuit
devices, alternate warning devices, and preemption sequences
shall conform as nearly as possible, considering the particular
characteristics of the crossing and intersection area, to the
State manual adopted by the Illinois Department of
Transportation pursuant to Section 11-301 of this Code and such
federal standards as are made applicable by subsection (2) of
this Section. In order to carry out this authority, the
Commission shall have the authority to determine the number,
type, and location of traffic control devices on the track
approach leg or legs of the intersection and the timing of the
railroad preemption sequence of operation. The Commission
shall prescribe the division of costs for installation and
maintenance of all devices required by this paragraph between
the railroad or railroads and the highway authority in interest
and in instances involving the use of the Grade Crossing
Protection Fund or a State highway, the Illinois Department of
Transportation.
    Any person who unlawfully or maliciously removes, throws
down, damages or defaces any sign, signal, gate or other
protective device, located at or near any public grade
crossing, shall be guilty of a petty offense and fined not less
than $50 nor more than $200 for each offense. In addition to
fines levied under the provisions of this Section a person
adjudged guilty hereunder may also be directed to make
restitution for the costs of repair or replacement, or both,
necessitated by his misconduct.
    It is the public policy of the State of Illinois to enhance
public safety by establishing safe grade crossings. In order to
implement this policy, the Illinois Commerce Commission is
directed to conduct public hearings and to adopt specific
criteria by July 1, 1994, that shall be adhered to by the
Illinois Commerce Commission in determining if a grade crossing
should be opened or abolished. The following factors shall be
considered by the Illinois Commerce Commission in developing
the specific criteria for opening and abolishing grade
crossings:
        (a) timetable speed of passenger trains;
        (b) distance to an alternate crossing;
        (c) accident history for the last 5 years;
        (d) number of vehicular traffic and posted speed
    limits;
        (e) number of freight trains and their timetable
    speeds;
        (f) the type of warning device present at the grade
    crossing;
        (g) alignments of the roadway and railroad, and the
    angle of intersection of those alignments;
        (h) use of the grade crossing by trucks carrying
    hazardous materials, vehicles carrying passengers for
    hire, and school buses; and
        (i) use of the grade crossing by emergency vehicles.
    The Illinois Commerce Commission, upon petition to open or
abolish a grade crossing, shall enter an order opening or
abolishing the crossing if it meets the specific criteria
adopted by the Commission.
    Except as otherwise provided in this subsection (3), in no
instance shall a grade crossing be permanently closed without
public hearing first being held and notice of such hearing
being published in an area newspaper of local general
circulation.
    (4) Freight Trains - Radio Communications. The Commission
shall after hearing and order require that every main line
railroad freight train operating on main tracks outside of yard
limits within this State shall be equipped with a radio
communication system. The Commission after notice and hearing
may grant exemptions from the requirements of this Section as
to secondary and branch lines.
    (5) Railroad Bridges and Trestles - Walkway and Handrail.
In cases in which the Commission finds the same to be practical
and necessary for safety of railroad employees, bridges and
trestles, over and upon which railroad trains are operated,
shall include as a part thereof, a safe and suitable walkway
and handrail on one side only of such bridge or trestle, and
such handrail shall be located at the outer edge of the walkway
and shall provide a clearance of not less than 8 feet, 6
inches, from the center line of the nearest track, measured at
right angles thereto.
    (6) Packages Containing Articles for First Aid to Injured
on Trains.
        (a) All rail carriers shall provide a first aid kit
    that contains, at a minimum, those articles prescribed by
    the Commission, on each train or engine, for first aid to
    persons who may be injured in the course of the operation
    of such trains.
        (b) A vehicle, excluding a taxi cab used in an
    emergency situation, operated by a contract carrier
    transporting railroad employees in the course of their
    employment shall be equipped with a readily available first
    aid kit that contains, as a minimum, the same articles that
    are required on each train or engine.
    (7) Abandoned Bridges, Crossings, and Other Rail Plant. The
Commission shall have authority, after notice and hearing, to
order:
        (a) The removal of any abandoned railroad tracks from
    roads, streets or other thoroughfares in this State; and
        (b) The removal of abandoned overhead railroad
    structures crossing highways, waterways, or railroads.
    The Commission may equitably apportion the cost of such
actions between the rail carrier or carriers, public utilities,
and the State, county, municipality, township, road district,
or other public authority in interest.
    (8) Railroad-Highway Bridge Clearance. A vertical
clearance of not less than 23 feet above the top of rail shall
be provided for all new or reconstructed highway bridges
constructed over a railroad track. The Commission may permit a
lesser clearance if it determines that the 23 foot clearance
standard cannot be justified based on engineering,
operational, and economic conditions.
    (9) Right of Access To Railroad Property.
        (a) A community antenna television company franchised
    by a municipality or county pursuant to the Illinois
    Municipal Code or the Counties Code, respectively, shall
    not enter upon any real estate or rights-of-way in the
    possession or control of a railroad subject to the
    jurisdiction of the Illinois Commerce Commission unless
    the community antenna television company first complies
    with the applicable provisions of subparagraph (f) of
    Section 11-42-11.1 of the Illinois Municipal Code or
    subparagraph (f) of Section 5-1096 of the Counties Code.
        (b) Notwithstanding any provision of law to the
    contrary, this subsection (9) applies to all entries of
    railroad rights-of-way involving a railroad subject to the
    jurisdiction of the Illinois Commerce Commission by a
    community antenna television company and shall govern in
    the event of any conflict with any other provision of law.
        (c) This subsection (9) applies to any entry upon any
    real estate or right-of-way in the possession or control of
    a railroad subject to the jurisdiction of the Illinois
    Commerce Commission for the purpose of or in connection
    with the construction, or installation of a community
    antenna television company's system or facilities
    commenced or renewed on or after the effective date of this
    amendatory Act of the 100th General Assembly.
        (d) Nothing in this amendatory Act of the 100th General
    Assembly shall be construed to prevent a railroad from
    negotiating other terms and conditions or the resolution of
    any dispute in relation to an entry upon or right of access
    as set forth in this subsection (9).
        (e) For purposes of this subsection (9):
        "Broadband service", "cable operator", and "holder"
    have the meanings given to those terms under Section 21-201
    of the Public Utilities Act.
        "Community antenna television company" includes, in
    the case of real estate or rights-of-way in possession of
    or in control of a railroad, a holder, cable operator, or
    broadband service provider.
        (f) Beginning on the effective date this amendatory Act
    of the 100th General Assembly, the Transportation Division
    of the Illinois Commerce Commission shall include in its
    annual Crossing Safety Improvement Program report a brief
    description of the number of cases decided by the Illinois
    Commerce Commission and the number of cases that remain
    pending before the Illinois Commerce Commission under this
    subsection (9) for the period covered by the report.
(Source: P.A. 96-470, eff. 8-14-09; 97-374, eff. 1-1-12.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.