093_HB1153

 
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 1        AN ACT in relation to cable television.

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

 4        Section  5.   The  Counties  Code  is amended by changing
 5    Section 5-1095 as follows:

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

 8        Section  10.   The  Illinois Municipal Code is amended by
 9    changing Section 11-42-11 as follows:

10        (65 ILCS 5/11-42-11) (from Ch. 24, par. 11-42-11)
11        Sec. 11-42-11.   Community  antenna  television  systems;
12    satellite transmitted television programming.
13        (a)  The  corporate  authorities of each municipality may
14    license, franchise  and  tax  the  business  of  operating  a
15    community  antenna  television system as hereinafter defined.
16    In municipalities with less than 2,000,000  inhabitants,  the
17    corporate  authorities  may,  under the limited circumstances
18    set forth in this Section,  own  (or  lease  as  lessee)  and
19    operate  a community antenna television system; provided that
20    a municipality may not acquire, construct, own, or operate  a
21    community antenna television system for the use or benefit of
22    private consumers or users, and may not charge a fee for that
23    consumption  or  use,  unless  the  proposition  to  acquire,
24    construct,  own, or operate a cable antenna television system
25    has been submitted to and approved by  the  electors  of  the
26    municipality   in  accordance  with  subsection  (f).  Before
27    acquiring,  constructing,  or  commencing  operation   of   a
28    community  antenna  television system, the municipality shall
29    comply with the following:
30             (1)  Give written notice to the owner or operator of
31        any other community antenna television system  franchised
32        to serve all or any portion of the territorial area to be
 
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 1        served by the municipality's community antenna television
 2        system, specifying the date, time, and place at which the
 3        municipality  shall  conduct  public hearings to consider
 4        and determine whether the  municipality  should  acquire,
 5        construct,  or  commence operation of a community antenna
 6        television  system.   The  public   hearings   shall   be
 7        conducted at least 14 days after this notice is given.
 8             (2)  Publish  a  notice  of the hearing in 2 or more
 9        newspapers  published  in  the  county,  city,   village,
10        incorporated town, or town, as the case may be.  If there
11        is  no  such newspaper, then notice shall be published in
12        any 2 or more newspapers  published  in  the  county  and
13        having  a  general  circulation throughout the community.
14        The public hearings shall be conducted at least  14  days
15        after this notice is given.
16             (3)  Conduct a public hearing to determine the means
17        by  which construction, maintenance, and operation of the
18        system will be financed, including whether the use of tax
19        revenues or other fees will be required.
20        (b)  The  words  "community  antenna  television  system"
21    shall mean any facility which is constructed in whole  or  in
22    part  in, on, under or over any highway or other public place
23    and which is operated to perform  for  hire  the  service  of
24    receiving and amplifying the signals broadcast by one or more
25    television  stations and redistributing such signals by wire,
26    cable or other means to members of the public  who  subscribe
27    to  such  service;  except  that  such  definition  shall not
28    include  (i)  any  system  which  serves  fewer  than   fifty
29    subscribers,  or  (ii)  any  system  which  serves  only  the
30    residents  of  one  or  more apartment dwellings under common
31    ownership,   control   or    management,    and    commercial
32    establishments located on the premises of such dwellings.
33        (c)  The   authority  hereby  granted  does  not  include
34    authority to license, franchise or  tax  telephone  companies
 
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 1    subject  to  jurisdiction of the Illinois Commerce Commission
 2    or the Federal Communications Commission in  connection  with
 3    the   furnishing   of  circuits,  wires,  cables,  and  other
 4    facilities to the operator of a community antenna  television
 5    system.
 6        The  corporate  authorities  of each municipality may, in
 7    the course of franchising such community  antenna  television
 8    system,  grant to such franchisee the authority and the right
 9    and permission to use all  public  streets,  rights  of  way,
10    alleys,   ways   for   public   service   facilities,  parks,
11    playgrounds, school grounds,  or  other  public  grounds,  in
12    which  such  municipality  may  have  an  interest,  for  the
13    construction,     installation,    operation,    maintenance,
14    alteration, addition, extension or improvement of a community
15    antenna television system.
16        Any charge imposed  by  a  community  antenna  television
17    system franchised pursuant to this Section for the raising or
18    removal of cables or lines to permit passage on, to or from a
19    street   shall  not  exceed  the  reasonable  costs  of  work
20    reasonably necessary to safely permit such passage.  Pursuant
21    to subsections (h) and (i) of Section 6 of Article VII of the
22    Constitution of the State of Illinois, the  General  Assembly
23    declares  the  regulation  of charges which may be imposed by
24    community antenna  television  systems  for  the  raising  or
25    removal  of  cables or lines to permit passage on, to or from
26    streets is a power or function to be exercised exclusively by
27    the State and not to be exercised or  performed  concurrently
28    with the State by any unit of local government, including any
29    home rule unit.
30        The   municipality  may,  upon  written  request  by  the
31    franchisee of a community antenna television system, exercise
32    its right  of  eminent  domain  solely  for  the  purpose  of
33    granting  an  easement right no greater than 8 feet in width,
34    extending no greater than 8 feet from any lot  line  for  the
 
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 1    purpose  of  extending cable across any parcel of property in
 2    the manner provided by the law of eminent  domain,  provided,
 3    however,  such  franchisee  deposits  with  the  municipality
 4    sufficient   security  to  pay  all  costs  incurred  by  the
 5    municipality in the exercise of its right of eminent domain.
 6        (d)  The  General  Assembly  finds  and   declares   that
 7    satellite-transmitted   television   programming   should  be
 8    available  to  those  who  desire  to   subscribe   to   such
 9    programming and that decoding devices should be obtainable at
10    reasonable   prices   by  those  who  are  unable  to  obtain
11    satellite-transmitted  television  programming  through  duly
12    franchised community antenna television systems.
13        In any instance in which a person  is  unable  to  obtain
14    satellite-transmitted  television  programming through a duly
15    franchised community antenna television system either because
16    the municipality and county in which such person resides  has
17    not  granted  a franchise to operate and maintain a community
18    antenna television system, or  because  the  duly  franchised
19    community  antenna  television  system operator does not make
20    cable television  services  available  to  such  person,  any
21    programming   company   that  delivers  satellite-transmitted
22    television programming in scrambled or encrypted  form  shall
23    ensure  that  devices for description of such programming are
24    made available to such person, through  the  local  community
25    antenna  television  operator  or  directly,  for purchase or
26    lease at prices reasonably related to the cost of manufacture
27    and distribution of such devices.
28        (e)  The General Assembly finds  and  declares  that,  in
29    order  to  ensure  that community antenna television services
30    are provided in  an  orderly,  competitive  and  economically
31    sound manner, the best interests of the public will be served
32    by   the  establishment  of  certain  minimum  standards  and
33    procedures for the granting of  additional  cable  television
34    franchises.
 
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 1        Subject   to  the  provisions  of  this  subsection,  the
 2    authority granted under subsection (a) hereof  shall  include
 3    the  authority  to  license,  franchise and tax more than one
 4    cable  operator  to  provide  community  antenna   television
 5    services  within the corporate limits of a single franchising
 6    authority.  For purposes of this subsection (e), the term:
 7             (i)  "Existing cable television franchise"  means  a
 8        community  antenna  television  franchise  granted  by  a
 9        municipality   which   is   in   use  at  the  time  such
10        municipality  receives  an  application  or  request   by
11        another  cable  operator for a franchise to provide cable
12        antenna television services within all or any portion  of
13        the  territorial area which is or may be served under the
14        existing cable television franchise.
15             (ii)  "Additional cable television franchise"  means
16        a   franchise   pursuant   to   which  community  antenna
17        television  services   may   be   provided   within   the
18        territorial  areas,  or any portion thereof, which may be
19        served under an existing cable television franchise.
20             (iii)  "Franchising Authority" is  defined  as  that
21        term  is  defined  under  Section  602(9)  of  the  Cable
22        Communications Policy Act of 1984, Public Law 98-549, but
23        does  not  include  any municipality with a population of
24        1,000,000 or more.
25             (iv)  "Cable operator" is defined as  that  term  is
26        defined  under Section 602(4) of the Cable Communications
27        Policy Act of 1984, Public Law 98-549.
28        Before granting an additional cable television franchise,
29    the franchising authority shall:
30             (1)  Give written notice to the owner or operator of
31        any other community antenna television system  franchised
32        to serve all or any portion of the territorial area to be
33        served  by  such  additional  cable television franchise,
34        identifying the applicant for such  additional  franchise
 
                            -14-     LRB093 07638 BDD 07817 b
 1        and  specifying  the  date,  time  and place at which the
 2        franchising authority shall conduct  public  hearings  to
 3        consider  and  determine  whether  such  additional cable
 4        television franchise should be granted.
 5             (2)  Conduct  a  public  hearing  to  determine  the
 6        public  need  for  such   additional   cable   television
 7        franchise,   the  capacity  of  public  rights-of-way  to
 8        accommodate such additional community antenna  television
 9        services,  the  potential disruption to existing users of
10        public  rights-of-way  to  be  used  by  such  additional
11        franchise  applicant  to  complete  construction  and  to
12        provide cable television  services  within  the  proposed
13        franchise  area,  the  long  term economic impact of such
14        additional cable television system within the  community,
15        and such other factors as the franchising authority shall
16        deem appropriate.
17             (3)  Determine,  based  upon  the foregoing factors,
18        whether it is in the best interest of the municipality to
19        grant such additional cable television franchise.
20             (4)  If the franchising  authority  shall  determine
21        that it is in the best interest of the municipality to do
22        so,   it   may  grant  the  additional  cable  television
23        franchise.  Except as provided in paragraph (5)  of  this
24        subsection  (e),  no  such  additional  cable  television
25        franchise shall be granted under terms or conditions more
26        favorable  or less burdensome to the applicant than those
27        required under the existing cable  television  franchise,
28        including   but  not  limited  to  terms  and  conditions
29        pertaining to the territorial extent  of  the  franchise,
30        system    design,    technical   performance   standards,
31        construction schedules, performance bonds, standards  for
32        construction   and   installation   of  cable  television
33        facilities, service to  subscribers,  public  educational
34        and   governmental   access   channels  and  programming,
 
                            -15-     LRB093 07638 BDD 07817 b
 1        production assistance, liability and indemnification, and
 2        franchise fees.
 3             (5)  Unless the existing cable television  franchise
 4        provides  that  any additional cable television franchise
 5        shall be subject  to  the  same  terms  or  substantially
 6        equivalent  terms and conditions as those of the existing
 7        cable television franchise, the franchising authority may
 8        grant an  additional  cable  television  franchise  under
 9        different terms and conditions than those of the existing
10        franchise, in which event the franchising authority shall
11        enter  into  good  faith  negotiations  with the existing
12        franchisee and shall, within 120 days after the effective
13        date of the additional cable television franchise, modify
14        the existing cable television franchise in a  manner  and
15        to  the  extent  necessary  to  ensure  that  neither the
16        existing cable television franchise  nor  the  additional
17        cable   television  franchise,  each  considered  in  its
18        entirety,  provides  a  competitive  advantage  over  the
19        other, provided that  prior  to  modifying  the  existing
20        cable  television  franchise,  the  franchising authority
21        shall have conducted a public  hearing  to  consider  the
22        proposed modification.   No modification in the terms and
23        conditions  of  the  existing  cable television franchise
24        shall oblige the existing cable television franchisee (1)
25        to  make  any  additional  payment  to  the   franchising
26        authority,   including  the  payment  of  any  additional
27        franchise  fee,  (2)  to   engage   in   any   additional
28        construction  of the existing cable television system or,
29        (3)  to  modify  the  specifications  or  design  of  the
30        existing cable television system; and  the  inclusion  of
31        the  factors identified in items (2) and (3) shall not be
32        considered  in  determining  whether   either   franchise
33        considered  in  its entirety, has a competitive advantage
34        over the other except to the extent that  the  additional
 
                            -16-     LRB093 07638 BDD 07817 b
 1        franchisee  provides additional video or data services or
 2        the equipment or facilities necessary to generate and  or
 3        carry  such  service.    No modification in the terms and
 4        conditions of the  existing  cable  television  franchise
 5        shall be made if the existing cable television franchisee
 6        elects  to  continue  to  operate  under  all  terms  and
 7        conditions of the existing franchise.
 8             If   within  the  120  day  period  the  franchising
 9        authority and the existing  cable  television  franchisee
10        are  unable  to  reach  agreement on modifications to the
11        existing cable television franchise, then the franchising
12        authority shall  modify  the  existing  cable  television
13        franchise, effective 45 days thereafter, in a manner, and
14        only  to the extent, that the terms and conditions of the
15        existing  cable  television  franchise  shall  no  longer
16        impose any duty or obligation on the existing  franchisee
17        which  is  not  also  imposed  under the additional cable
18        television franchise; however, if by the modification the
19        existing  cable  television  franchisee  is  relieved  of
20        duties or obligations not imposed  under  the  additional
21        cable  television franchise, then within the same 45 days
22        and following a public hearing concerning modification of
23        the additional cable television franchise within that  45
24        day  period,  the  franchising authority shall modify the
25        additional  cable  television  franchise  to  the  extent
26        necessary to  insure  that  neither  the  existing  cable
27        television  franchise nor the additional cable television
28        franchise, each considered in its entirety, shall have  a
29        competitive advantage over the other.
30        No  municipality  shall  be  subject  to suit for damages
31    based upon the municipality's determination to grant  or  its
32    refusal  to  grant  an additional cable television franchise,
33    provided that a public hearing as herein  provided  has  been
34    held  and the franchising authority has determined that it is
 
                            -17-     LRB093 07638 BDD 07817 b
 1    in the best interest of the municipality to grant  or  refuse
 2    to grant such additional franchise, as the case may be.
 3        It  is  declared to be the law of this State, pursuant to
 4    paragraphs (h) and (i) of Section 6 of  Article  VII  of  the
 5    Illinois  Constitution,  that  the  establishment  of minimum
 6    standards and procedures for the granting of additional cable
 7    television franchises by  municipalities  with  a  population
 8    less  than 1,000,000 as provided in this subsection (e) is an
 9    exclusive State power and function that may not be  exercised
10    concurrently by a home rule unit.
11        (f)  No  municipality  may  acquire,  construct,  own, or
12    operate a community  antenna  television  system  unless  the
13    corporate authorities adopt an ordinance.  The ordinance must
14    set forth the action proposed; describe the plant, equipment,
15    and  property to be acquired or constructed; and specifically
16    describe the manner in which the  construction,  acquisition,
17    and operation of the system will be financed.
18        The  ordinance  may not take effect until the question of
19    acquiring, construction, owning,  or  operating  a  community
20    antenna  television system has been submitted to the electors
21    of the municipality at a regular election and approved  by  a
22    majority  of  the  electors  voting  on  the  question.   The
23    corporate authorities must certify the question to the proper
24    election  authority,  which  must  submit  the question at an
25    election in accordance with the Election Code.
26        The question  must  be  submitted  in  substantially  the
27    following form:
28             Shall  the ordinance authorizing the municipality to
29        (insert action authorized by ordinance) take effect?
30    The votes must be recorded as "Yes" or "No".
31        If a majority of electors voting on the question vote  in
32    the affirmative, the ordinance shall take effect.
33        Not  more than 30 or less than 15 days before the date of
34    the  referendum,  the  municipal  clerk  must   publish   the
 
                            -18-     LRB093 07638 BDD 07817 b
 1    ordinance  at  least once in one or more newspapers published
 2    in the municipality or, if no newspaper is published  in  the
 3    municipality,   in   one   or   more  newspapers  of  general
 4    circulation within the municipality.
 5        (g)  If the municipality has granted  a  franchise  to  a
 6    community  antenna television company under this Section, the
 7    community antenna television company may not  impose  a  rate
 8    increase  unless the company has given its customers not less
 9    than 30 day's notice of the increase.   The  notice  must  be
10    included in the billing statement.
11    (Source: P.A. 90-285, eff. 7-31-97; 91-648, eff. 1-1-00.)

12        Section  99.  Effective date.  This Act takes effect upon
13    becoming law.