97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB6256

 

Introduced , by Rep. Rich Brauer

 

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. Eliminates the power of the County Board or corporate authorities of a municipality to tax the business of operating a community antenna television system. Denies home rule powers. Effective immediately.


LRB097 23511 AMC 72470 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6256LRB097 23511 AMC 72470 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
55-1095 as follows:
 
6    (55 ILCS 5/5-1095)  (from Ch. 34, par. 5-1095)
7    Sec. 5-1095. Community antenna television systems;
8satellite transmitted television programming.
9    (a) The County Board may license or franchise, but may not ,
10tax, or franchise the business of operating a community antenna
11television system or systems within the County and outside of a
12municipality, as defined in Section 1-1-2 of the Illinois
13Municipal Code. The changes made to this subsection (a) by this
14amendatory Act of the 97th General Assembly are a denial and
15limitation of home rule powers and functions under subsection
16(g) of Section 6 of Article VII of the Illinois Constitution.
17    When an area is annexed to a municipality, the annexing
18municipality shall thereby become the franchising authority
19with respect to that portion of any community antenna
20television system that, immediately before annexation, had
21provided cable television services within the annexed area
22under a franchise granted by the county, and the owner of that
23community antenna television system shall thereby be

 

 

HB6256- 2 -LRB097 23511 AMC 72470 b

1authorized to provide cable television services within the
2annexed area under the terms and provisions of the existing
3franchise. In that instance, the franchise shall remain in
4effect until, by its terms, it expires, except that any
5franchise fees payable under the franchise shall be payable
6only to the county for a period of 5 years or until, by its
7terms, the franchise expires, whichever occurs first. After the
85 year period, any franchise fees payable under the franchise
9shall be paid to the annexing municipality. In any instance in
10which a duly franchised community antenna television system is
11providing cable television services within the annexing
12municipality at the time of annexation, the annexing
13municipality may permit that franchisee to extend its community
14antenna television system to the annexed area under terms and
15conditions that are no more burdensome nor less favorable to
16that franchisee than those imposed under any community antenna
17television franchise applicable to the annexed area at the time
18of annexation. The authorization to extend cable television
19service to the annexed area and any community antenna
20television system authorized to provide cable television
21services within the annexed area at the time of annexation
22shall not be subject to the provisions of subsection (e) of
23this Section.
24    (b) "Community antenna television system" as used in this
25Section, means any facility which is constructed in whole or in
26part in, on, under or over any highway or other public place

 

 

HB6256- 3 -LRB097 23511 AMC 72470 b

1and which is operated to perform for hire the service of
2receiving and amplifying the signals broadcast by one or more
3television stations and redistributing such signals by wire,
4cable or other means to members of the public who subscribe to
5such service except that such term does not include (i) any
6system which serves fewer than 50 subscribers or (ii) any
7system which serves only the residents of one or more apartment
8dwellings under common ownership, control or management, and
9commercial establishments located on the premises of such
10dwellings.
11    (c) The authority hereby granted does not include the
12authority to license or franchise telephone companies subject
13to the jurisdiction of the Illinois Commerce Commission or the
14Federal Communications Commission in connection with
15furnishing circuits, wires, cables or other facilities to the
16operator of a community antenna television system.
17    (c-1) Each franchise entered into by a county and a
18community antenna television system shall include the customer
19service and privacy standards and protections contained in
20Article XXII of the Public Utilities Act. A franchise may not
21contain different penalties or consumer service and privacy
22standards and protections. Each franchise entered into by a
23county and a community antenna television system before June
2430, 2007 (the effective date of Public Act 95-9) shall be
25amended by this Section to incorporate the penalty provisions
26and customer service and privacy standards and protections

 

 

HB6256- 4 -LRB097 23511 AMC 72470 b

1contained in Article XXII of the Public Utilities Act.
2    The County Board may, in the course of franchising such
3community antenna television system, grant to such franchisee
4the authority and the right and permission to use all public
5streets, rights of way, alleys, ways for public service
6facilities, parks, playgrounds, school grounds, or other
7public grounds, in which such county may have an interest, for
8the construction, installation, operation, maintenance,
9alteration, addition, extension or improvement of a community
10antenna television system.
11    Any charge imposed by a community antenna television system
12franchised pursuant to this Section for the raising or removal
13of cables or lines to permit passage on, to or from a street
14shall not exceed the reasonable costs of work reasonably
15necessary to safely permit such passage. Pursuant to
16subsections (h) and (i) of Section 6 of Article VII of the
17Constitution of the State of Illinois, the General Assembly
18declares the regulation of charges which may be imposed by
19community antenna television systems for the raising or removal
20of cables or lines to permit passage on, to or from streets is
21a power or function to be exercised exclusively by the State
22and not to be exercised or performed concurrently with the
23State by any unit of local government, including any home rule
24unit.
25    The County Board may, upon written request by the
26franchisee of a community antenna television system, exercise

 

 

HB6256- 5 -LRB097 23511 AMC 72470 b

1its right of eminent domain solely for the purpose of granting
2an easement right no greater than 8 feet in width, extending no
3greater than 8 feet from any lot line for the purpose of
4extending cable across any parcel of property in the manner
5provided for by the law of eminent domain, provided, however,
6such franchisee deposits with the county sufficient security to
7pay all costs incurred by the county in the exercise of its
8right of eminent domain.
9    Except as specifically provided otherwise in this Section,
10this Section is not a limitation on any home rule county.
11    (d) The General Assembly finds and declares that
12satellite-transmitted television programming should be
13available to those who desire to subscribe to such programming
14and that decoding devices should be obtainable at reasonable
15prices by those who are unable to obtain satellite-transmitted
16television programming through duly franchised community
17antenna television systems.
18    In any instance in which a person is unable to obtain
19satellite-transmitted television programming through a duly
20franchised community antenna television system either because
21the municipality and county in which such person resides has
22not granted a franchise to operate and maintain a community
23antenna television system, or because the duly franchised
24community antenna television system operator does not make
25cable television services available to such person, any
26programming company that delivers satellite-transmitted

 

 

HB6256- 6 -LRB097 23511 AMC 72470 b

1television programming in scrambled or encrypted form shall
2ensure that devices for decryption of such programming are made
3available to such person, through the local community antenna
4television operator or directly, for purchase or lease at
5prices reasonably related to the cost of manufacture and
6distribution of such devices.
7    (e) The General Assembly finds and declares that, in order
8to ensure that community antenna television services are
9provided in an orderly, competitive and economically sound
10manner, the best interests of the public will be served by the
11establishment of certain minimum standards and procedures for
12the granting of additional cable television franchises.
13    Subject to the provisions of this subsection, the authority
14granted under subsection (a) hereof shall include the authority
15to license, franchise and tax more than one cable operator to
16provide community antenna television services within the
17territorial limits of a single franchising authority. For
18purposes of this subsection (e), the term:
19        (i) "Existing cable television franchise" means a
20    community antenna television franchise granted by a county
21    which is in use at the time such county receives an
22    application or request by another cable operator for a
23    franchise to provide cable antenna television services
24    within all or any portion of the territorial area which is
25    or may be served under the existing cable television
26    franchise.

 

 

HB6256- 7 -LRB097 23511 AMC 72470 b

1        (ii) "Additional cable television franchise" means a
2    franchise pursuant to which community antenna television
3    services may be provided within the territorial areas, or
4    any portion thereof, which may be served under an existing
5    cable television franchise.
6        (iii) "Franchising Authority" is defined as that term
7    is defined under Section 602(9) of the Cable Communications
8    Policy Act of 1984, Public Law 98-549.
9        (iv) "Cable operator" is defined as that term is
10    defined under Section 602(4) of the Cable Communications
11    Policy Act of 1984, Public Law 98-549.
12    Before granting an additional cable television franchise,
13the franchising authority shall:
14        (1) Give written notice to the owner or operator of any
15    other community antenna television system franchised to
16    serve all or any portion of the territorial area to be
17    served by such additional cable television franchise,
18    identifying the applicant for such additional franchise
19    and specifying the date, time and place at which the
20    franchising authority shall conduct public hearings to
21    consider and determine whether such additional cable
22    television franchise should be granted.
23        (2) Conduct a public hearing to determine the public
24    need for such additional cable television franchise, the
25    capacity of public rights-of-way to accommodate such
26    additional community antenna television services, the

 

 

HB6256- 8 -LRB097 23511 AMC 72470 b

1    potential disruption to existing users of public
2    rights-of-way to be used by such additional franchise
3    applicant to complete construction and to provide cable
4    television services within the proposed franchise area,
5    the long term economic impact of such additional cable
6    television system within the community, and such other
7    factors as the franchising authority shall deem
8    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 that
13    it is in the best interest of the county to do so, it may
14    grant the additional cable television franchise. Except as
15    provided in paragraph (5) of this subsection (e), no such
16    additional cable television franchise shall be granted
17    under terms or conditions more favorable or less burdensome
18    to the applicant than those required under the existing
19    cable television franchise, including but not limited to
20    terms and conditions pertaining to the territorial extent
21    of the franchise, system design, technical performance
22    standards, construction schedules, performance bonds,
23    standards for construction and installation of cable
24    television facilities, service to subscribers, public
25    educational and governmental access channels and
26    programming, production assistance, liability and

 

 

HB6256- 9 -LRB097 23511 AMC 72470 b

1    indemnification, and franchise fees.
2        (5) Unless the existing cable television franchise
3    provides that any additional cable television franchise
4    shall be subject to the same terms or substantially
5    equivalent terms and conditions as those of the existing
6    cable television franchise, the franchising authority may
7    grant an additional cable television franchise under
8    different terms and conditions than those of the existing
9    franchise, in which event the franchising authority shall
10    enter into good faith negotiations with the existing
11    franchisee and shall, within 120 days after the effective
12    date of the additional cable television franchise, modify
13    the existing cable television franchise in a manner and to
14    the extent necessary to ensure that neither the existing
15    cable television franchise nor the additional cable
16    television franchise, each considered in its entirety,
17    provides a competitive advantage over the other, provided
18    that prior to modifying the existing cable television
19    franchise, the franchising authority shall have conducted
20    a public hearing to consider the proposed modification. No
21    modification in the terms and conditions of the existing
22    cable television franchise shall oblige the existing cable
23    television franchisee (1) to make any additional payment to
24    the franchising authority, including the payment of any
25    additional franchise fee, (2) to engage in any additional
26    construction of the existing cable television system or,

 

 

HB6256- 10 -LRB097 23511 AMC 72470 b

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

 

 

HB6256- 11 -LRB097 23511 AMC 72470 b

1    public hearing concerning modification of the additional
2    cable television franchise within that 45 day period, the
3    franchising authority shall modify the additional cable
4    television franchise to the extent necessary to insure that
5    neither the existing cable television franchise nor the
6    additional cable television franchise, each considered in
7    its entirety, shall have a competitive advantage over the
8    other.
9    No county shall be subject to suit for damages based upon
10the county's determination to grant or its refusal to grant an
11additional cable television franchise, provided that a public
12hearing as herein provided has been held and the franchising
13authority has determined that it is in the best interest of the
14county to grant or refuse to grant such additional franchise,
15as the case may be.
16    It is declared to be the law of this State, pursuant to
17paragraphs (h) and (i) of Section 6 of Article VII of the
18Illinois Constitution, that the establishment of minimum
19standards and procedures for the granting of additional cable
20television franchises as provided in this subsection (e) is an
21exclusive State power and function that may not be exercised
22concurrently by a home rule unit.
23(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
 
24    Section 10. The Illinois Municipal Code is amended by
25changing Section 11-42-11 as follows:
 

 

 

HB6256- 12 -LRB097 23511 AMC 72470 b

1    (65 ILCS 5/11-42-11)  (from Ch. 24, par. 11-42-11)
2    Sec. 11-42-11. Community antenna television systems;
3satellite transmitted television programming.
4    (a) The corporate authorities of each municipality may
5license or , franchise, but may not and tax, the business of
6operating a community antenna television system as hereinafter
7defined. In municipalities with less than 2,000,000
8inhabitants, the corporate authorities may, under the limited
9circumstances set forth in this Section, own (or lease as
10lessee) and operate a community antenna television system;
11provided that a municipality may not acquire, construct, own,
12or operate a community antenna television system for the use or
13benefit of private consumers or users, and may not charge a fee
14for that consumption or use, unless the proposition to acquire,
15construct, own, or operate a cable antenna television system
16has been submitted to and approved by the electors of the
17municipality in accordance with subsection (f). Before
18acquiring, constructing, or commencing operation of a
19community antenna television system, the municipality shall
20comply with the following:
21        (1) Give written notice to the owner or operator of any
22    other community antenna television system franchised to
23    serve all or any portion of the territorial area to be
24    served by the municipality's community antenna television
25    system, specifying the date, time, and place at which the

 

 

HB6256- 13 -LRB097 23511 AMC 72470 b

1    municipality shall conduct public hearings to consider and
2    determine whether the municipality should acquire,
3    construct, or commence operation of a community antenna
4    television system. The public hearings shall be conducted
5    at least 14 days after this notice is given.
6        (2) Publish a notice of the hearing in 2 or more
7    newspapers published in the county, city, village,
8    incorporated town, or town, as the case may be. If there is
9    no such newspaper, then notice shall be published in any 2
10    or more newspapers published in the county and having a
11    general circulation throughout the community. The public
12    hearings shall be conducted at least 14 days after this
13    notice is given.
14        (3) Conduct a public hearing to determine the means by
15    which construction, maintenance, and operation of the
16    system will be financed, including whether the use of tax
17    revenues or other fees will be required.
18    The changes made to this subsection (a) by this amendatory
19Act of the 97th General Assembly are a denial and limitation of
20home rule powers and functions under subsection (g) of Section
216 of Article VII of the Illinois Constitution.
22    (b) The words "community antenna television system" shall
23mean any facility which is constructed in whole or in part in,
24on, under or over any highway or other public place and which
25is operated to perform for hire the service of receiving and
26amplifying the signals broadcast by one or more television

 

 

HB6256- 14 -LRB097 23511 AMC 72470 b

1stations and redistributing such signals by wire, cable or
2other means to members of the public who subscribe to such
3service; except that such definition shall not include (i) any
4system which serves fewer than fifty subscribers, or (ii) any
5system which serves only the residents of one or more apartment
6dwellings under common ownership, control or management, and
7commercial establishments located on the premises of such
8dwellings.
9    (c) The authority hereby granted does not include authority
10to license, franchise or tax telephone companies subject to
11jurisdiction of the Illinois Commerce Commission or the Federal
12Communications Commission in connection with the furnishing of
13circuits, wires, cables, and other facilities to the operator
14of a community antenna television system.
15    (c-1) Each franchise entered into by a municipality and a
16community antenna television system shall include the customer
17service and privacy standards and protections contained in
18Article XXII of the Public Utilities Act. A franchise may not
19contain different penalties or consumer service and privacy
20standards and protections. Each franchise entered into by a
21municipality and a community antenna television system before
22June 30, 2007 (the effective date of Public Act 95-9) shall be
23amended by this Section to incorporate the penalty provisions
24and customer service and privacy standards and protections
25contained in Article XXII of the Public Utilities Act.
26    The corporate authorities of each municipality may, in the

 

 

HB6256- 15 -LRB097 23511 AMC 72470 b

1course of franchising such community antenna television
2system, grant to such franchisee the authority and the right
3and permission to use all public streets, rights of way,
4alleys, ways for public service facilities, parks,
5playgrounds, school grounds, or other public grounds, in which
6such municipality may have an interest, for the construction,
7installation, operation, maintenance, alteration, addition,
8extension or improvement of a community antenna television
9system.
10    Any charge imposed by a community antenna television system
11franchised pursuant to this Section for the raising or removal
12of cables or lines to permit passage on, to or from a street
13shall not exceed the reasonable costs of work reasonably
14necessary to safely permit such passage. Pursuant to
15subsections (h) and (i) of Section 6 of Article VII of the
16Constitution of the State of Illinois, the General Assembly
17declares the regulation of charges which may be imposed by
18community antenna television systems for the raising or removal
19of cables or lines to permit passage on, to or from streets is
20a power or function to be exercised exclusively by the State
21and not to be exercised or performed concurrently with the
22State by any unit of local government, including any home rule
23unit.
24    The municipality may, upon written request by the
25franchisee of a community antenna television system, exercise
26its right of eminent domain solely for the purpose of granting

 

 

HB6256- 16 -LRB097 23511 AMC 72470 b

1an easement right no greater than 8 feet in width, extending no
2greater than 8 feet from any lot line for the purpose of
3extending cable across any parcel of property in the manner
4provided by the law of eminent domain, provided, however, such
5franchisee deposits with the municipality sufficient security
6to pay all costs incurred by the municipality in the exercise
7of its right of eminent domain.
8    (d) The General Assembly finds and declares that
9satellite-transmitted television programming should be
10available to those who desire to subscribe to such programming
11and that decoding devices should be obtainable at reasonable
12prices by those who are unable to obtain satellite-transmitted
13television programming through duly franchised community
14antenna television systems.
15    In any instance in which a person is unable to obtain
16satellite-transmitted television programming through a duly
17franchised community antenna television system either because
18the municipality and county in which such person resides has
19not granted a franchise to operate and maintain a community
20antenna television system, or because the duly franchised
21community antenna television system operator does not make
22cable television services available to such person, any
23programming company that delivers satellite-transmitted
24television programming in scrambled or encrypted form shall
25ensure that devices for description of such programming are
26made available to such person, through the local community

 

 

HB6256- 17 -LRB097 23511 AMC 72470 b

1antenna television operator or directly, for purchase or lease
2at prices reasonably related to the cost of manufacture and
3distribution of such devices.
4    (e) The General Assembly finds and declares that, in order
5to ensure that community antenna television services are
6provided in an orderly, competitive and economically sound
7manner, the best interests of the public will be served by the
8establishment of certain minimum standards and procedures for
9the granting of additional cable television franchises.
10    Subject to the provisions of this subsection, the authority
11granted under subsection (a) hereof shall include the authority
12to license, franchise and tax more than one cable operator to
13provide community antenna television services within the
14corporate limits of a single franchising authority. For
15purposes of this subsection (e), the term:
16        (i) "Existing cable television franchise" means a
17    community antenna television franchise granted by a
18    municipality which is in use at the time such municipality
19    receives an application or request by another cable
20    operator for a franchise to provide cable antenna
21    television services within all or any portion of the
22    territorial area which is or may be served under the
23    existing cable television franchise.
24        (ii) "Additional cable television franchise" means a
25    franchise pursuant to which community antenna television
26    services may be provided within the territorial areas, or

 

 

HB6256- 18 -LRB097 23511 AMC 72470 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,
11the 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

 

 

HB6256- 19 -LRB097 23511 AMC 72470 b

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

 

 

HB6256- 20 -LRB097 23511 AMC 72470 b

1    provides that any additional cable television franchise
2    shall be subject to the same terms or substantially
3    equivalent terms and conditions as those of the existing
4    cable television franchise, the franchising authority may
5    grant an additional cable television franchise under
6    different terms and conditions than those of the existing
7    franchise, in which event the franchising authority shall
8    enter into good faith negotiations with the existing
9    franchisee and shall, within 120 days after the effective
10    date of the additional cable television franchise, modify
11    the existing cable television franchise in a manner and to
12    the extent necessary to ensure that neither the existing
13    cable television franchise nor the additional cable
14    television franchise, each considered in its entirety,
15    provides a competitive advantage over the other, provided
16    that prior to modifying the existing cable television
17    franchise, the franchising authority shall have conducted
18    a public hearing to consider the proposed modification. No
19    modification in the terms and conditions of the existing
20    cable television franchise shall oblige the existing cable
21    television franchisee (1) to make any additional payment to
22    the franchising authority, including the payment of any
23    additional franchise fee, (2) to engage in any additional
24    construction of the existing cable television system or,
25    (3) to modify the specifications or design of the existing
26    cable television system; and the inclusion of the factors

 

 

HB6256- 21 -LRB097 23511 AMC 72470 b

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

 

 

HB6256- 22 -LRB097 23511 AMC 72470 b

1    franchising authority shall modify the additional cable
2    television franchise to the extent necessary to insure that
3    neither the existing cable television franchise nor the
4    additional cable television franchise, each considered in
5    its entirety, shall have a competitive advantage over the
6    other.
7    No municipality shall be subject to suit for damages based
8upon the municipality's determination to grant or its refusal
9to grant an additional cable television franchise, provided
10that a public hearing as herein provided has been held and the
11franchising authority has determined that it is in the best
12interest of the municipality to grant or refuse to grant such
13additional franchise, as the case may be.
14    It is declared to be the law of this State, pursuant to
15paragraphs (h) and (i) of Section 6 of Article VII of the
16Illinois Constitution, that the establishment of minimum
17standards and procedures for the granting of additional cable
18television franchises by municipalities with a population less
19than 1,000,000 as provided in this subsection (e) is an
20exclusive State power and function that may not be exercised
21concurrently by a home rule unit.
22    (f) No municipality may acquire, construct, own, or operate
23a community antenna television system unless the corporate
24authorities adopt an ordinance. The ordinance must set forth
25the action proposed; describe the plant, equipment, and
26property to be acquired or constructed; and specifically

 

 

HB6256- 23 -LRB097 23511 AMC 72470 b

1describe the manner in which the construction, acquisition, and
2operation of the system will be financed.
3    The ordinance may not take effect until the question of
4acquiring, construction, owning, or operating a community
5antenna television system has been submitted to the electors of
6the municipality at a regular election and approved by a
7majority of the electors voting on the question. The corporate
8authorities must certify the question to the proper election
9authority, which must submit the question at an election in
10accordance with the Election Code.
11    The question must be submitted in substantially the
12following form:
13        Shall the ordinance authorizing the municipality to
14    (insert action authorized by ordinance) take effect?
15The votes must be recorded as "Yes" or "No".
16    If a majority of electors voting on the question vote in
17the affirmative, the ordinance shall take effect.
18    Not more than 30 or less than 15 days before the date of
19the referendum, the municipal clerk must publish the ordinance
20at least once in one or more newspapers published in the
21municipality or, if no newspaper is published in the
22municipality, in one or more newspapers of general circulation
23within the municipality.
24(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.