93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4413

 

Introduced 02/03/04, by Robert F. Flider

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-1095   from Ch. 34, par. 5-1095
65 ILCS 5/11-42-11   from Ch. 24, par. 11-42-11

    Amends the Counties Code and the Illinois Municipal Code. Prohibits an existing cable television franchise serving 1,000 or more customers from imposing a rate increase unless the franchise (i) gives its customers at least 60 days' notice, (ii) conducts a public hearing to determine the need for the rate increase at least 14 days after the notice is given, and (iii) publishes notice of the hearing (or, if located in a municipality, prints notice of the rate increase and public hearing on the customer's billing statement). Prohibits an existing cable television franchise with less than 1,000 customers from imposing a rate increase unless the franchise gives its customers at least 60 days' notice. Effective immediately.


LRB093 18564 MKM 44285 b

 

 

A BILL FOR

 

HB4413 LRB093 18564 MKM 44285 b

1     AN ACT concerning 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 Section
5 5-1095 as follows:
 
6     (55 ILCS 5/5-1095)  (from Ch. 34, par. 5-1095)
7     Sec. 5-1095. Community antenna television systems;
8 satellite transmitted television programming.
9     (a) The County Board may license, tax or franchise the
10 business of operating a community antenna television system or
11 systems within the County and outside of a municipality, as
12 defined in Section 1-1-2 of the Illinois Municipal Code.
13     When an area is annexed to a municipality, the annexing
14 municipality shall thereby become the franchising authority
15 with respect to that portion of any community antenna
16 television system that, immediately before annexation, had
17 provided cable television services within the annexed area
18 under a franchise granted by the county, and the owner of that
19 community antenna television system shall thereby be
20 authorized to provide cable television services within the
21 annexed area under the terms and provisions of the existing
22 franchise. In that instance, the franchise shall remain in
23 effect until, by its terms, it expires, except that any
24 franchise fees payable under the franchise shall be payable
25 only to the county for a period of 5 years or until, by its
26 terms, the franchise expires, whichever occurs first. After the
27 5 year period, any franchise fees payable under the franchise
28 shall be paid to the annexing municipality. In any instance in
29 which a duly franchised community antenna television system is
30 providing cable television services within the annexing
31 municipality at the time of annexation, the annexing
32 municipality may permit that franchisee to extend its community

 

 

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1 antenna television system to the annexed area under terms and
2 conditions that are no more burdensome nor less favorable to
3 that franchisee than those imposed under any community antenna
4 television franchise applicable to the annexed area at the time
5 of annexation. The authorization to extend cable television
6 service to the annexed area and any community antenna
7 television system authorized to provide cable television
8 services within the annexed area at the time of annexation
9 shall not be subject to the provisions of subsection (e) of
10 this Section.
11     (b) "Community antenna television system" as used in this
12 Section, means any facility which is constructed in whole or in
13 part in, on, under or over any highway or other public place
14 and which is operated to perform for hire the service of
15 receiving and amplifying the signals broadcast by one or more
16 television stations and redistributing such signals by wire,
17 cable or other means to members of the public who subscribe to
18 such service except that such term does not include (i) any
19 system which serves fewer than 50 subscribers or (ii) any
20 system which serves only the residents of one or more apartment
21 dwellings under common ownership, control or management, and
22 commercial establishments located on the premises of such
23 dwellings.
24     (c) The authority hereby granted does not include the
25 authority to license or franchise telephone companies subject
26 to the jurisdiction of the Illinois Commerce Commission or the
27 Federal Communications Commission in connection with
28 furnishing circuits, wires, cables or other facilities to the
29 operator of a community antenna television system.
30     The County Board may, in the course of franchising such
31 community antenna television system, grant to such franchisee
32 the authority and the right and permission to use all public
33 streets, rights of way, alleys, ways for public service
34 facilities, parks, playgrounds, school grounds, or other
35 public grounds, in which such county may have an interest, for
36 the construction, installation, operation, maintenance,

 

 

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1 alteration, addition, extension or improvement of a community
2 antenna television system.
3     Any charge imposed by a community antenna television system
4 franchised pursuant to this Section for the raising or removal
5 of cables or lines to permit passage on, to or from a street
6 shall not exceed the reasonable costs of work reasonably
7 necessary to safely permit such passage. Pursuant to
8 subsections (h) and (i) of Section 6 of Article VII of the
9 Constitution of the State of Illinois, the General Assembly
10 declares the regulation of charges which may be imposed by
11 community antenna television systems for the raising or removal
12 of cables or lines to permit passage on, to or from streets is
13 a power or function to be exercised exclusively by the State
14 and not to be exercised or performed concurrently with the
15 State by any unit of local government, including any home rule
16 unit.
17     The County Board may, upon written request by the
18 franchisee of a community antenna television system, exercise
19 its right of eminent domain solely for the purpose of granting
20 an easement right no greater than 8 feet in width, extending no
21 greater than 8 feet from any lot line for the purpose of
22 extending cable across any parcel of property in the manner
23 provided for by the law of eminent domain, provided, however,
24 such franchisee deposits with the county sufficient security to
25 pay all costs incurred by the county in the exercise of its
26 right of eminent domain.
27     Except as specifically provided otherwise in this Section,
28 this Section is not a limitation on any home rule county.
29     (d) The General Assembly finds and declares that
30 satellite-transmitted television programming should be
31 available to those who desire to subscribe to such programming
32 and that decoding devices should be obtainable at reasonable
33 prices by those who are unable to obtain satellite-transmitted
34 television programming through duly franchised community
35 antenna television systems.
36     In any instance in which a person is unable to obtain

 

 

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1 satellite-transmitted television programming through a duly
2 franchised community antenna television system either because
3 the municipality and county in which such person resides has
4 not granted a franchise to operate and maintain a community
5 antenna television system, or because the duly franchised
6 community antenna television system operator does not make
7 cable television services available to such person, any
8 programming company that delivers satellite-transmitted
9 television programming in scrambled or encrypted form shall
10 ensure that devices for decryption of such programming are made
11 available to such person, through the local community antenna
12 television operator or directly, for purchase or lease at
13 prices reasonably related to the cost of manufacture and
14 distribution of such devices.
15     (e) The General Assembly finds and declares that, in order
16 to ensure that community antenna television services are
17 provided in an orderly, competitive and economically sound
18 manner, the best interests of the public will be served by the
19 establishment of certain minimum standards and procedures for
20 the granting of additional cable television franchises.
21     Subject to the provisions of this subsection, the authority
22 granted under subsection (a) hereof shall include the authority
23 to license, franchise and tax more than one cable operator to
24 provide community antenna television services within the
25 territorial limits of a single franchising authority. For
26 purposes of this subsection (e), the term:
27         (i) "Existing cable television franchise" means a
28     community antenna television franchise granted by a county
29     which is in use at the time such county receives an
30     application or request by another cable operator for a
31     franchise to provide cable antenna television services
32     within all or any portion of the territorial area which is
33     or may be served under the existing cable television
34     franchise.
35         (ii) "Additional cable television franchise" means a
36     franchise pursuant to which community antenna television

 

 

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

 

 

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

 

 

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1     television franchisee (1) to make any additional payment to
2     the franchising authority, including the payment of any
3     additional franchise fee, (2) to engage in any additional
4     construction of the existing cable television system or,
5     (3) to modify the specifications or design of the existing
6     cable television system; and the inclusion of the factors
7     identified in items (2) and (3) shall not be considered in
8     determining whether either franchise considered in its
9     entirety, has a competitive advantage over the other except
10     to the extent that the additional franchisee provides
11     additional video or data services or the equipment or
12     facilities necessary to generate and or carry such service.
13     No modification in the terms and conditions of the existing
14     cable television franchise shall be made if the existing
15     cable television franchisee elects to continue to operate
16     under all terms and conditions of the existing franchise.
17         If within the 120 day period the franchising authority
18     and the existing cable television franchisee are unable to
19     reach agreement on modifications to the existing cable
20     television franchise, then the franchising authority shall
21     modify the existing cable television franchise, effective
22     45 days thereafter, in a manner, and only to the extent,
23     that the terms and conditions of the existing cable
24     television franchise shall no longer impose any duty or
25     obligation on the existing franchisee which is not also
26     imposed under the additional cable television franchise;
27     however, if by the modification the existing cable
28     television franchisee is relieved of duties or obligations
29     not imposed under the additional cable television
30     franchise, then within the same 45 days and following a
31     public hearing concerning modification of the additional
32     cable television franchise within that 45 day period, the
33     franchising authority shall modify the additional cable
34     television franchise to the extent necessary to insure that
35     neither the existing cable television franchise nor the
36     additional cable television franchise, each considered in

 

 

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1     its entirety, shall have a competitive advantage over the
2     other.
3     No county shall be subject to suit for damages based upon
4 the county's determination to grant or its refusal to grant an
5 additional cable television franchise, provided that a public
6 hearing as herein provided has been held and the franchising
7 authority has determined that it is in the best interest of the
8 county to grant or refuse to grant such additional franchise,
9 as the case may be.
10     It is declared to be the law of this State, pursuant to
11 paragraphs (h) and (i) of Section 6 of Article VII of the
12 Illinois Constitution, that the establishment of minimum
13 standards and procedures for the granting of additional cable
14 television franchises as provided in this subsection (e) is an
15 exclusive State power and function that may not be exercised
16 concurrently by a home rule unit.
17     (f) An existing cable television franchise serving 1,000 or
18 more customers shall not impose a rate increase unless the
19 franchise:
20         (1) gives its customers at least 60 days' notice of the
21     increase;
22         (2) conducts a public hearing to determine the need for
23     the rate increase at least 14 days after the notice is
24     given; and
25         (3) publishes a notice of the hearing in 2 or more
26     newspapers published in the county or municipality in which
27     the customers of the franchise reside. If there is no
28     newspaper published in the county or municipality in which
29     the customers of the franchise reside, then notice of the
30     hearing must be published in any 2 or more newspapers
31     having a general circulation in the community.
32     (g) An existing cable television franchise serving less
33 than 1,000 customers shall not impose a rate increase unless
34 the franchise gives its customers at least 60 days' notice of
35 the increase.
36 (Source: P.A. 90-14, eff. 7-1-97; 90-285, eff. 7-31-97.)
 

 

 

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1     Section 10. The Illinois Municipal Code is amended by
2 changing Section 11-42-11 as follows:
 
3     (65 ILCS 5/11-42-11)  (from Ch. 24, par. 11-42-11)
4     Sec. 11-42-11. Community antenna television systems;
5 satellite transmitted television programming.
6     (a) The corporate authorities of each municipality may
7 license, franchise and tax the business of operating a
8 community antenna television system as hereinafter defined. In
9 municipalities with less than 2,000,000 inhabitants, the
10 corporate authorities may, under the limited circumstances set
11 forth in this Section, own (or lease as lessee) and operate a
12 community antenna television system; provided that a
13 municipality may not acquire, construct, own, or operate a
14 community antenna television system for the use or benefit of
15 private consumers or users, and may not charge a fee for that
16 consumption or use, unless the proposition to acquire,
17 construct, own, or operate a cable antenna television system
18 has been submitted to and approved by the electors of the
19 municipality in accordance with subsection (f). Before
20 acquiring, constructing, or commencing operation of a
21 community antenna television system, the municipality shall
22 comply with the following:
23         (1) Give written notice to the owner or operator of any
24     other community antenna television system franchised to
25     serve all or any portion of the territorial area to be
26     served by the municipality's community antenna television
27     system, specifying the date, time, and place at which the
28     municipality shall conduct public hearings to consider and
29     determine whether the municipality should acquire,
30     construct, or commence operation of a community antenna
31     television system. The public hearings shall be conducted
32     at least 14 days after this notice is given.
33         (2) Publish a notice of the hearing in 2 or more
34     newspapers published in the county, city, village,

 

 

HB4413 - 10 - LRB093 18564 MKM 44285 b

1     incorporated town, or town, as the case may be. If there is
2     no such newspaper, then notice shall be published in any 2
3     or more newspapers published in the county and having a
4     general circulation throughout the community. The public
5     hearings shall be conducted at least 14 days after this
6     notice is given.
7         (3) Conduct a public hearing to determine the means by
8     which construction, maintenance, and operation of the
9     system will be financed, including whether the use of tax
10     revenues or other fees will be required.
11     (b) The words "community antenna television system" shall
12 mean any facility which is constructed in whole or in part in,
13 on, under or over any highway or other public place and which
14 is operated to perform for hire the service of receiving and
15 amplifying the signals broadcast by one or more television
16 stations and redistributing such signals by wire, cable or
17 other means to members of the public who subscribe to such
18 service; except that such definition shall not include (i) any
19 system which serves fewer than fifty subscribers, or (ii) any
20 system which serves only the residents of one or more apartment
21 dwellings under common ownership, control or management, and
22 commercial establishments located on the premises of such
23 dwellings.
24     (c) The authority hereby granted does not include authority
25 to license, franchise or tax telephone companies subject to
26 jurisdiction of the Illinois Commerce Commission or the Federal
27 Communications Commission in connection with the furnishing of
28 circuits, wires, cables, and other facilities to the operator
29 of a community antenna television system.
30     The corporate authorities of each municipality may, in the
31 course of franchising such community antenna television
32 system, grant to such franchisee the authority and the right
33 and permission to use all public streets, rights of way,
34 alleys, ways for public service facilities, parks,
35 playgrounds, school grounds, or other public grounds, in which
36 such municipality may have an interest, for the construction,

 

 

HB4413 - 11 - LRB093 18564 MKM 44285 b

1 installation, operation, maintenance, alteration, addition,
2 extension or improvement of a community antenna television
3 system.
4     Any charge imposed by a community antenna television system
5 franchised pursuant to this Section for the raising or removal
6 of cables or lines to permit passage on, to or from a street
7 shall not exceed the reasonable costs of work reasonably
8 necessary to safely permit such passage. Pursuant to
9 subsections (h) and (i) of Section 6 of Article VII of the
10 Constitution of the State of Illinois, the General Assembly
11 declares the regulation of charges which may be imposed by
12 community antenna television systems for the raising or removal
13 of cables or lines to permit passage on, to or from streets is
14 a power or function to be exercised exclusively by the State
15 and not to be exercised or performed concurrently with the
16 State by any unit of local government, including any home rule
17 unit.
18     The municipality may, upon written request by the
19 franchisee of a community antenna television system, exercise
20 its right of eminent domain solely for the purpose of granting
21 an easement right no greater than 8 feet in width, extending no
22 greater than 8 feet from any lot line for the purpose of
23 extending cable across any parcel of property in the manner
24 provided by the law of eminent domain, provided, however, such
25 franchisee deposits with the municipality sufficient security
26 to pay all costs incurred by the municipality in the exercise
27 of its right of eminent domain.
28     (d) The General Assembly finds and declares that
29 satellite-transmitted television programming should be
30 available to those who desire to subscribe to such programming
31 and that decoding devices should be obtainable at reasonable
32 prices by those who are unable to obtain satellite-transmitted
33 television programming through duly franchised community
34 antenna television systems.
35     In any instance in which a person is unable to obtain
36 satellite-transmitted television programming through a duly

 

 

HB4413 - 12 - LRB093 18564 MKM 44285 b

1 franchised community antenna television system either because
2 the municipality and county in which such person resides has
3 not granted a franchise to operate and maintain a community
4 antenna television system, or because the duly franchised
5 community antenna television system operator does not make
6 cable television services available to such person, any
7 programming company that delivers satellite-transmitted
8 television programming in scrambled or encrypted form shall
9 ensure that devices for description of such programming are
10 made available to such person, through the local community
11 antenna television operator or directly, for purchase or lease
12 at prices reasonably related to the cost of manufacture and
13 distribution of such devices.
14     (e) The General Assembly finds and declares that, in order
15 to ensure that community antenna television services are
16 provided in an orderly, competitive and economically sound
17 manner, the best interests of the public will be served by the
18 establishment of certain minimum standards and procedures for
19 the granting of additional cable television franchises.
20     Subject to the provisions of this subsection, the authority
21 granted under subsection (a) hereof shall include the authority
22 to license, franchise and tax more than one cable operator to
23 provide community antenna television services within the
24 corporate limits of a single franchising authority. For
25 purposes of this subsection (e), the term:
26         (i) "Existing cable television franchise" means a
27     community antenna television franchise granted by a
28     municipality which is in use at the time such municipality
29     receives an application or request by another cable
30     operator for a franchise to provide cable antenna
31     television services within all or any portion of the
32     territorial area which is or may be served under the
33     existing cable television franchise.
34         (ii) "Additional cable television franchise" means a
35     franchise pursuant to which community antenna television
36     services may be provided within the territorial areas, or

 

 

HB4413 - 13 - LRB093 18564 MKM 44285 b

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

 

 

HB4413 - 14 - LRB093 18564 MKM 44285 b

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

 

 

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1     television franchisee (1) to make any additional payment to
2     the franchising authority, including the payment of any
3     additional franchise fee, (2) to engage in any additional
4     construction of the existing cable television system or,
5     (3) to modify the specifications or design of the existing
6     cable television system; and the inclusion of the factors
7     identified in items (2) and (3) shall not be considered in
8     determining whether either franchise considered in its
9     entirety, has a competitive advantage over the other except
10     to the extent that the additional franchisee provides
11     additional video or data services or the equipment or
12     facilities necessary to generate and or carry such service.
13     No modification in the terms and conditions of the existing
14     cable television franchise shall be made if the existing
15     cable television franchisee elects to continue to operate
16     under all terms and conditions of the existing franchise.
17         If within the 120 day period the franchising authority
18     and the existing cable television franchisee are unable to
19     reach agreement on modifications to the existing cable
20     television franchise, then the franchising authority shall
21     modify the existing cable television franchise, effective
22     45 days thereafter, in a manner, and only to the extent,
23     that the terms and conditions of the existing cable
24     television franchise shall no longer impose any duty or
25     obligation on the existing franchisee which is not also
26     imposed under the additional cable television franchise;
27     however, if by the modification the existing cable
28     television franchisee is relieved of duties or obligations
29     not imposed under the additional cable television
30     franchise, then within the same 45 days and following a
31     public hearing concerning modification of the additional
32     cable television franchise within that 45 day period, the
33     franchising authority shall modify the additional cable
34     television franchise to the extent necessary to insure that
35     neither the existing cable television franchise nor the
36     additional cable television franchise, each considered in

 

 

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1     its entirety, shall have a competitive advantage over the
2     other.
3     No municipality shall be subject to suit for damages based
4 upon the municipality's determination to grant or its refusal
5 to grant an additional cable television franchise, provided
6 that a public hearing as herein provided has been held and the
7 franchising authority has determined that it is in the best
8 interest of the municipality to grant or refuse to grant such
9 additional franchise, as the case may be.
10     It is declared to be the law of this State, pursuant to
11 paragraphs (h) and (i) of Section 6 of Article VII of the
12 Illinois Constitution, that the establishment of minimum
13 standards and procedures for the granting of additional cable
14 television franchises by municipalities with a population less
15 than 1,000,000 as provided in this subsection (e) is an
16 exclusive State power and function that may not be exercised
17 concurrently by a home rule unit.
18     (f) No municipality may acquire, construct, own, or operate
19 a community antenna television system unless the corporate
20 authorities adopt an ordinance. The ordinance must set forth
21 the action proposed; describe the plant, equipment, and
22 property to be acquired or constructed; and specifically
23 describe the manner in which the construction, acquisition, and
24 operation of the system will be financed.
25     The ordinance may not take effect until the question of
26 acquiring, construction, owning, or operating a community
27 antenna television system has been submitted to the electors of
28 the municipality at a regular election and approved by a
29 majority of the electors voting on the question. The corporate
30 authorities must certify the question to the proper election
31 authority, which must submit the question at an election in
32 accordance with the Election Code.
33     The question must be submitted in substantially the
34 following form:
35         Shall the ordinance authorizing the municipality to
36     (insert action authorized by ordinance) take effect?

 

 

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1 The votes must be recorded as "Yes" or "No".
2     If a majority of electors voting on the question vote in
3 the affirmative, the ordinance shall take effect.
4     Not more than 30 or less than 15 days before the date of
5 the referendum, the municipal clerk must publish the ordinance
6 at least once in one or more newspapers published in the
7 municipality or, if no newspaper is published in the
8 municipality, in one or more newspapers of general circulation
9 within the municipality.
10     (g) An existing cable television franchise serving 1,000 or
11 more customers shall not impose a rate increase unless the
12 franchise:
13         (1) gives its customers at least 60 days' notice of the
14     increase;
15         (2) conducts a public hearing to determine the need for
16     the rate increase at least 14 days after the notice is
17     given; and
18         (3) includes notice of the rate increase and public
19     hearing on the customer's billing statement.
20     (h) An existing cable television franchise serving less
21 than 1,000 customers shall not impose a rate increase unless
22 the franchise gives its customers at least 60 days' notice of
23 the increase.
24 (Source: P.A. 90-285, eff. 7-31-97; 91-648, eff. 1-1-00.)
 
25     Section 99. Effective date. This Act takes effect upon
26 becoming law.