093_SB0886

 
                                     LRB093 08261 BDD 08474 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
 5    Section 5-1096 as follows:

 6        (55 ILCS 5/5-1096) (from Ch. 34, par. 5-1096)
 7        Sec.   5-1096.   Community  antenna  television  systems;
 8    interference with and payment for access.
 9        (a)  In any instance in which  a  county  has  granted  a
10    franchise  to  any  community  antenna  television company to
11    construct, operate or  maintain  a  cable  television  system
12    within  a  designated  franchise  area,  no  property  owner,
13    condominium  association,  managing  agent,  lessee  or other
14    person in possession or control of any  residential  building
15    located within such designated franchise area shall forbid or
16    prevent  any  occupant, tenant or lessee of any such building
17    from receiving cable television service from such franchisee,
18    nor demand or accept payment from any such  occupant,  tenant
19    or  lessee  in  any  form  as  a  condition of permitting the
20    installation  of   cable   television   facilities   or   the
21    maintenance  of cable television service in any such building
22    or any portion thereof occupied or leased by  such  occupant,
23    tenant   or  lessee,  nor  shall  any  such  property  owner,
24    condominium association,  managing  agent,  lessee  or  other
25    person  discriminate  in  rental charges or otherwise against
26    any occupant,  tenant  or  lessee  receiving  cable  service;
27    provided,  however,  that  the  owner  of  such  building may
28    require, in exchange and as compensation for  permitting  the
29    installation  of  cable television facilities within and upon
30    such building, the payment of just compensation to be paid by
31    the cable television franchisee  which  provides  such  cable
 
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 1    television  service,  said sum to be determined in accordance
 2    with the provisions of subparagraphs (c) and (d) hereof,  and
 3    provided   further   that  the  cable  television  franchisee
 4    installing such cable television facilities  shall  agree  to
 5    indemnify the owner of such building for any damage caused by
 6    the   installation,   operation  or  removal  of  such  cable
 7    television facilities and service.
 8        No community antenna  television  company  shall  install
 9    cable  television  facilities  within  a residential building
10    pursuant to this subparagraph (a) unless an occupant,  tenant
11    or  lessee of such residential building requests the delivery
12    of cable television services.
13        (b)  In any instance in which  a  county  has  granted  a
14    franchise  to  any  community  antenna  television company to
15    construct, operate or  maintain  a  cable  television  system
16    within  a  designated  franchise  area,  no  property  owner,
17    condominium  association,  managing  agent,  lessee  or other
18    person  in  possession  and  control  of  any   improved   or
19    unimproved   real   estate  located  within  such  designated
20    franchise area shall forbid or prevent such cable  television
21    franchisee  from  entering  upon  such  real  estate  for the
22    purpose  of  and  in  connection  with  the  construction  or
23    installation  of  such  cable  television  system  and  cable
24    television facilities, nor shall  any  such  property  owner,
25    condominium  association,  managing  agent,  lessee  or other
26    person in possession or control of such real estate forbid or
27    prevent such cable television franchisee from constructing or
28    installing upon, beneath or over such real estate,  including
29    any  buildings or other structures located thereon, hardware,
30    cable,  equipment,  materials  or  other   cable   television
31    facilities   utilized   by   such  cable  franchisee  in  the
32    construction  and  installation  of  such  cable   television
33    system;  provided,  however,  that the owner of any such real
34    estate may require,  in  exchange  and  as  compensation  for
 
                            -3-      LRB093 08261 BDD 08474 b
 1    permitting   the   construction   or  installation  of  cable
 2    television facilities upon, beneath or over such real estate,
 3    the payment of just  compensation  by  the  cable  television
 4    franchisee which provides such cable television service, said
 5    sum  to  be  determined  in accordance with the provisions of
 6    subparagraphs (c) and (d) hereof, and provided  further  that
 7    the  cable  television  franchisee constructing or installing
 8    such cable television facilities shall agree to indemnify the
 9    owner of such real  estate  for  any  damage  caused  by  the
10    installation,  operation  or removal of such cable television
11    facilities and service.
12        (c)  In any instance in which the owner of a  residential
13    building  or  the owner of improved or unimproved real estate
14    intends to require the payment of just compensation in excess
15    of $1 in exchange for permitting the  installation  of  cable
16    television  facilities  in  and  upon such building, or upon,
17    beneath or over such  real  estate,  the  owner  shall  serve
18    written  notice thereof upon the cable television franchisee.
19    Any such notice shall be served within 20 days of the date on
20    which  such  owner  is  notified  of  the  cable   television
21    franchisee's   intention   to   construct  or  install  cable
22    television facilities in and upon  such  building,  or  upon,
23    beneath  or  over  such real estate.  Unless timely notice as
24    herein provided is given by the owner to the cable television
25    franchisee, it will be conclusively presumed that  the  owner
26    of  any such building or real estate does not claim or intend
27    to require a payment of more than $1 in exchange and as  just
28    compensation   for   permitting  the  installation  of  cable
29    television facilities within and upon such building, or upon,
30    beneath or over such real estate. In any instance in which  a
31    cable   television   franchisee   intends  to  install  cable
32    television facilities as herein provided, written  notice  of
33    such   intention  shall  be  sent  by  the  cable  television
34    franchisee  to  the  property  owner  or  to   such   person,
 
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 1    association or managing agent as shall have been appointed or
 2    otherwise designated to manage or operate the property.  Such
 3    notice shall include the address of the property, the name of
 4    the  cable  television  franchisee, and information as to the
 5    time within which the owner may give notice,  demand  payment
 6    as  just  compensation  and  initiate  legal  proceedings  as
 7    provided  in  this  subparagraph (c) and subparagraph (d). In
 8    any instance in which a community antenna television  company
 9    intends  to  install  cable  television  facilities  within a
10    residential building containing 12 or more residential  units
11    or  upon, beneath, or over real estate that is used as a site
12    for 12 or more manufactured housing units, 12 or more  mobile
13    homes,  or  a  combination of 12 or more manufactured housing
14    units and mobile homes,  the  written  notice  shall  further
15    provide   that  the  property  owner  may  require  that  the
16    community antenna television  company  submit  to  the  owner
17    written   plans   identifying   the  manner  in  which  cable
18    television facilities are  to  be  installed,  including  the
19    proposed  location  of coaxial cable. Approval of those plans
20    by the property owner shall not be unreasonably withheld  and
21    the  owners'  consent to and approval of those plans shall be
22    presumed unless, within 30 days after receipt thereof, or  in
23    the  case of a condominium association, 90 days after receipt
24    thereof,  the  property  owner  identifies  in  writing   the
25    specific  manner  in which those plans deviate from generally
26    accepted construction or safety  standards,  and  unless  the
27    property   owner  contemporaneously  submits  an  alternative
28    construction plan providing for  the  installation  of  cable
29    television  facilities  in  an  economically feasible manner.
30    The community antenna television company may proceed with the
31    plans originally submitted if  an  alternative  plan  is  not
32    submitted  by  the  property  owner within 30 days, or in the
33    case  of  a  condominium  association,  90  days,  or  if  an
34    alternative plan submitted by the  property  owner  fails  to
 
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 1    comply   with  generally  accepted  construction  and  safety
 2    standards or does not provide for the installation  of  cable
 3    television facilities in an economically feasible manner. For
 4    purposes  of this subsection, "mobile home" and "manufactured
 5    housing unit" have  the  same  meaning  as  in  the  Illinois
 6    Manufactured Housing and Mobile Home Safety Act.
 7        (d)  Any  owner  of  a  residential building described in
 8    subparagraph (a), and any owner  of  improved  or  unimproved
 9    real  estate  described  in  subparagraph (b), who shall have
10    given  timely  written  notice  to   the   cable   television
11    franchisee  as  provided  in  subparagraph  (c), may assert a
12    claim for just compensation in excess of  $1  for  permitting
13    the  installation  of  cable television facilities within and
14    upon such building,  or  upon,  beneath  or  over  such  real
15    estate.   Within  30  days  after  notice  has  been given in
16    accordance with subparagraph (c), the owner shall advise  the
17    cable  television franchisee in writing of the amount claimed
18    as just compensation.  If within 60 days after the receipt of
19    the owner's claim, the cable television  franchisee  has  not
20    agreed  to  pay  the  amount  claimed  or  some  other amount
21    acceptable to the owner, the owner may bring suit to  enforce
22    such  claim  for  just compensation in any court of competent
23    jurisdiction and, upon timely demand, may  require  that  the
24    amount of just compensation be determined by a jury. Any such
25    action shall be commenced within 6 months of the notice given
26    by  the  cable television franchisee pursuant to subparagraph
27    (c) hereof.  In any action brought to determine such  amount,
28    the  owner  may  submit  evidence  of  a decrease in the fair
29    market value of the property occasioned by  the  installation
30    or  location of the cable on the property, that the owner has
31    a specific alternative use for the space  occupied  by  cable
32    television  facilities,  the  loss  of which will result in a
33    monetary loss to the owner, or  that  installation  of  cable
34    television  facilities within and upon such building or upon,
 
                            -6-      LRB093 08261 BDD 08474 b
 1    beneath or over  such  real  estate  otherwise  substantially
 2    interferes  with the use and occupancy of such building to an
 3    extent which causes a decrease in the fair  market  value  of
 4    such building or real estate.
 5        (e)  Neither  the  giving  of a notice by the owner under
 6    subparagraph (c), nor the assertion of a specific claim,  nor
 7    the  initiation  of  legal  action  to enforce such claim, as
 8    provided under subparagraph (d), shall delay  or  impair  the
 9    right  of  the  cable  television  franchisee to construct or
10    install  cable  television  facilities  and  maintain   cable
11    television  services within or upon any building described in
12    subparagraph  (a)  or  upon,  beneath  or  over  real  estate
13    described in subparagraph (b).
14        (f)  Notwithstanding the foregoing, no community  antenna
15    television company shall enter upon any real estate or rights
16    of  way  in  the possession or control of any public utility,
17    railroad or owner or operator of an oil,  petroleum  product,
18    chemical   or   gas  pipeline  to  install  or  remove  cable
19    television facilities or to provide  underground  maintenance
20    or repair services with respect thereto, prior to delivery to
21    the public utility, railroad or pipeline owner or operator of
22    written  notice  of  intent  to  enter,  install, maintain or
23    remove.  No entry shall be made until at  least  15  business
24    days  after  receipt  of  such  written notice.  Such written
25    notice, which shall be delivered to the registered  agent  of
26    such  public  utility, railroad or pipeline owner or operator
27    shall include the following information:
28        (i)  The date of the proposed installation,  maintenance,
29    repair  or  removal  and projected length of time required to
30    complete such installation, maintenance, repair or removal;
31        (ii)  The  manner  and  method  of   such   installation,
32    maintenance, repair or removal;
33        (iii)  The  location  of  the  proposed entry and path of
34    cable television facilities proposed to be placed,  repaired,
 
                            -7-      LRB093 08261 BDD 08474 b
 1    maintained  or  removed upon the real estate or right of way;
 2    and
 3        (iv)  The written  agreement  of  the  community  antenna
 4    television company to indemnify and hold harmless such public
 5    utility,  railroad  or  pipeline  owner  or operator from the
 6    costs of any damages directly or  indirectly  caused  by  the
 7    installation,  maintenance,  repair, operation, or removal of
 8    cable television  facilities.  Upon  request  of  the  public
 9    utility,  railroad, or owner or operator of an oil, petroleum
10    product, chemical or  gas  pipeline,  the  community  antenna
11    television  company shall provide proof that it has purchased
12    and will maintain  a  policy  or  policies  of  insurance  in
13    amounts  sufficient  to  provide coverage for personal injury
14    and property damage losses caused by or  resulting  from  the
15    installation,   maintenance,   repair  or  removal  of  cable
16    television facilities. The written  agreement  shall  provide
17    that  the community antenna television company shall maintain
18    such policies of insurance in full force and effect  as  long
19    as  cable  television facilities remain on the real estate or
20    right of way.
21        Within 15 business days of receipt of the  written  prior
22    notice  of  entry  the  public  utility, railroad or pipeline
23    owner or operator shall investigate and determine whether  or
24    not   the   proposed   entry   and  installation  or  repair,
25    maintenance, or removal would create  a  dangerous  condition
26    threatening  the  safety  of  the public or the safety of its
27    employees or threatening to  cause  an  interruption  of  the
28    furnishing  of  vital  transportation,  utility  or  pipeline
29    services  and  upon  so finding shall so notify the community
30    antenna television  company  of  such  decision  in  writing.
31    Initial  determination  of  the existence of such a dangerous
32    condition or interruption of services shall be  made  by  the
33    public  utility, railroad or pipeline owner or operator whose
34    real estate or right of way is involved.  In the  event  that
 
                            -8-      LRB093 08261 BDD 08474 b
 1    the  community antenna television company disagrees with such
 2    determination, a determination  of  whether  such  entry  and
 3    installation,  maintenance,  repair  or  removal would create
 4    such a dangerous condition or  interrupt  services  shall  be
 5    made   by   a   court  of  competent  jurisdiction  upon  the
 6    application of such community antenna television company.  An
 7    initial written determination of a public utility,  railroad,
 8    or  pipeline owner or operator timely made and transmitted to
 9    the community antenna television company, in the absence of a
10    determination by a court of competent jurisdiction finding to
11    the  contrary,  bars  the  entry  of  the  community  antenna
12    television company upon the real estate or right of  way  for
13    any purpose.
14        Any   public  utility,  railroad  or  pipeline  owner  or
15    operator may assert a written  claim  against  any  community
16    antenna  television  company  for just compensation within 30
17    days after written notice has been given in  accordance  with
18    this  subparagraph (f).  If, within 60 days after the receipt
19    of  such  claim  for  compensation,  the  community   antenna
20    television  company  has  not agreed to the amount claimed or
21    some other amount acceptable to the public utility,  railroad
22    or  pipeline  owner or operator, the public utility, railroad
23    or pipeline owner or operator may bring suit to enforce  such
24    claim  for  just  compensation  in  any  court  of  competent
25    jurisdiction  and,  upon  timely demand, may require that the
26    amount of just compensation be determined by  a  jury.    Any
27    such  action shall be commenced within 6 months of the notice
28    provided for in this subparagraph (f).  In any action brought
29    to determine such  just  compensation,  the  public  utility,
30    railroad  or  pipeline  owner  or  operator  may  submit such
31    evidence  as  may  be  relevant  to   the   issue   of   just
32    compensation.      Neither  the  assertion  of  a  claim  for
33    compensation nor the initiation of legal  action  to  enforce
34    such  claim  shall delay or impair the right of the community
 
                            -9-      LRB093 08261 BDD 08474 b
 1    antenna television company  to  construct  or  install  cable
 2    television  facilities  upon any real estate or rights of way
 3    of  any  public  utility,  railroad  or  pipeline  owner   or
 4    operator.
 5        To the extent that the public utility, railroad, or owner
 6    or  operator  of  an  oil, petroleum product, chemical or gas
 7    pipeline  deems  it  appropriate  to  supervise,  monitor  or
 8    otherwise assist the community antenna television company  in
 9    connection  with  the  installation,  maintenance,  repair or
10    removal of cable television facilities upon such real  estate
11    or  rights  of  way, the community antenna television company
12    shall reimburse the public  utility,  railroad  or  owner  or
13    operator  of  an  oil,  petroleum  product,  chemical  or gas
14    pipeline  for  costs  reasonable  and  actually  incurred  in
15    connection therewith.
16        The provisions of this  subparagraph  (f)  shall  not  be
17    applicable to any easements, rights of way or ways for public
18    service  facilities  in  which  public  utilities, other than
19    railroads, have any interest pursuant to "an  Act  to  revise
20    the  law  in  relation to plats" approved March 21, 1874, and
21    all ordinances enacted  pursuant  thereto.   Such  easements,
22    rights  of  way  and  ways  for public service facilities are
23    hereby declared to be apportionable and upon written  request
24    by  a  community antenna television company, public utilities
25    shall make such easements, rights of way and ways for  public
26    service    facilities   available   for   the   construction,
27    maintenance, repair or removal of cable television facilities
28    provided  that  such  construction,  maintenance,  repair  or
29    removal does not create a dangerous condition threatening the
30    safety of the public or the safety  of  such  public  utility
31    employees  or  threatening  to  cause  an interruption of the
32    furnishing of vital utility service.   Initial  determination
33    of   the   existence   of   such  a  dangerous  condition  or
34    interruption of services shall be made by the public  utility
 
                            -10-     LRB093 08261 BDD 08474 b
 1    whose  easement,  right  of  way  or  way  for public service
 2    facility is involved.  In the  event  the  community  antenna
 3    television  company  disagrees  with  such  determination,  a
 4    determination  of  whether  such  construction,  maintenance,
 5    repair  or removal would create such a dangerous condition or
 6    threaten to interrupt vital utility services, shall  be  made
 7    by  a court of competent jurisdiction upon the application of
 8    such community antenna television company.
 9        Within 20 days after a county issues a  permit  or  other
10    authorization  for  the construction of residential buildings
11    within any residentially-zoned subdivision created through  a
12    plat  recorded after July 1, 2003, the county must notify any
13    community antenna television system franchised to  serve  all
14    or a portion of the subdivision of the issuance of the permit
15    or other authorization. The notice must identify the owner of
16    record  of  the  property  and the party to whom construction
17    authorization has been granted.
18        In addition to such other notices as may be  required  by
19    this subparagraph (f), a community antenna television company
20    shall  not enter upon the real estate or rights of way of any
21    public utility, railroad or pipeline owner  or  operator  for
22    the  purposes  of  above-ground  maintenance or repair of its
23    television cable facilities without  giving  96  hours  prior
24    written notice to the registered agent of the public utility,
25    railroad  or  pipeline  owner or operator involved, or in the
26    case of a public utility, notice may  be  given  through  the
27    statewide  one-call  notice  system  provided  for by General
28    Order of the Illinois Commerce Commission or, if in  Chicago,
29    through  the  system  known  as  the  Chicago  Utility  Alert
30    Network.
31    (Source: P.A. 90-450, eff. 1-1-98.)

32        Section  10.  The  Illinois  Municipal Code is amended by
33    changing Section 11-42-11.1 as follows:
 
                            -11-     LRB093 08261 BDD 08474 b
 1        (65 ILCS 5/11-42-11.1) (from Ch. 24, par. 11-42-11.1)
 2        Sec.  11-42-11.1.   (a)  In  any  instance  in  which   a
 3    municipality  has  (i)  granted  a franchise to any community
 4    antenna  television  company  or   (ii)   decided   for   the
 5    municipality itself to construct, operate or maintain a cable
 6    television  system  within  a  designated  area,  no property
 7    owner, condominium association,  managing  agent,  lessee  or
 8    other  person  in  possession  or  control of any residential
 9    building located within the designated area shall  forbid  or
10    prevent  any  occupant, tenant or lessee of any such building
11    from receiving cable television service from such  franchisee
12    or  municipality,  nor demand or accept payment from any such
13    occupant, tenant or lessee in any  form  as  a  condition  of
14    permitting the installation of cable television facilities or
15    the  maintenance  of  cable  television  service  in any such
16    building or any portion thereof occupied or  leased  by  such
17    occupant,  tenant  or  lessee,  nor  shall  any such property
18    owner, condominium association,  managing  agent,  lessee  or
19    other  person  discriminate  in  rental  charges or otherwise
20    against  any  occupant,  tenant  or  lessee  receiving  cable
21    service; provided, however, that the owner of  such  building
22    may  require,  in exchange and as compensation for permitting
23    the installation of cable television  facilities  within  and
24    upon  such  building, the payment of just compensation by the
25    cable  television  franchisee  which  provides   such   cable
26    television  service,  said sum to be determined in accordance
27    with the provisions of subparagraphs (c) and (d) hereof,  and
28    provided   further   that  the  cable  television  franchisee
29    installing such cable television facilities  shall  agree  to
30    indemnify the owner of such building for any damage caused by
31    the   installation,   operation  or  removal  of  such  cable
32    television facilities and service.
33        No community antenna  television  company  shall  install
34    cable  television  facilities  within  a residential building
 
                            -12-     LRB093 08261 BDD 08474 b
 1    pursuant to this subparagraph (a) unless an occupant,  tenant
 2    or  lessee of such residential building requests the delivery
 3    of cable television services. In  any  instance  in  which  a
 4    request for service is made by more than 3 occupants, tenants
 5    or  lessees  of a residential building, the community antenna
 6    television company may install  cable  television  facilities
 7    throughout  the  building  in  a  manner  which  enables  the
 8    community   antenna   television  company  to  provide  cable
 9    television services to occupants, tenants or lessees of other
10    residential  units  without  requiring  the  installation  of
11    additional cable television facilities other than within  the
12    residential  units  occupied by such other occupants, tenants
13    or lessees.
14        (b)  In any instance in  which  a  municipality  has  (i)
15    granted  a  franchise  to  any  community  antenna television
16    company or  (ii)  decided  for  the  municipality  itself  to
17    construct,  operate  or  maintain  a cable television  system
18    within a designated  area,  no  property  owner,  condominium
19    association,  managing  agent,  lessee  or  other  person  in
20    possession  and  control  of  any improved or unimproved real
21    estate located within such designated area  shall  forbid  or
22    prevent such cable television franchisee or municipality from
23    entering  upon  such  real  estate  for the purpose of and in
24    connection with the  construction  or  installation  of  such
25    cable  television system and cable television facilities, nor
26    shall  any  such  property  owner,  condominium  association,
27    managing agent, lessee  or  other  person  in  possession  or
28    control  of  such  real  estate  forbid or prevent such cable
29    television franchisee or municipality  from  constructing  or
30    installing  upon, beneath or over such real estate, including
31    any buildings or other  structures located thereon, hardware,
32    cable,  equipment,  materials  or  other   cable   television
33    facilities  utilized by such cable franchisee or municipality
34    in the construction and installation of such cable television
 
                            -13-     LRB093 08261 BDD 08474 b
 1    system; provided, however, that the owner of  any  such  real
 2    estate  may  require,  in  exchange  and  as compensation for
 3    permitting  the  construction  or   installation   of   cable
 4    television facilities upon, beneath or over such real estate,
 5    the  payment  of  just  compensation  by the cable television
 6    franchisee which provides such cable television service, said
 7    sum to be determined in accordance  with  the  provisions  of
 8    subparagraphs  (c)  and (d) hereof, and provided further that
 9    the cable television franchisee  constructing  or  installing
10    such cable television facilities shall agree to indemnify the
11    owner  of  such  real  estate  for  any  damage caused by the
12    installation, operation or removal of such  cable  television
13    facilities and service.
14        (c)  In  any instance in which the owner of a residential
15    building or the owner of improved or unimproved  real  estate
16    intends to require the payment of just compensation in excess
17    of  $1  in  exchange for permitting the installation of cable
18    television facilities in and upon  such  building,  or  upon,
19    beneath  or  over  such  real  estate,  the owner shall serve
20    written notice thereof upon the cable television  franchisee.
21    Any such notice shall be served within 20 days of the date on
22    which   such  owner  is  notified  of  the  cable  television
23    franchisee's  intention  to  construct   or   install   cable
24    television  facilities  in  and  upon such building, or upon,
25    beneath or over such real estate.  Unless  timely  notice  as
26    herein provided is given by the owner to the cable television
27    franchisee,  it  will be conclusively presumed that the owner
28    of any such building or real estate does not claim or  intend
29    to  require a payment of more than $1 in exchange and as just
30    compensation  for  permitting  the  installation   of   cable
31    television facilities within and upon such building, or upon,
32    beneath  or over such real estate. In any instance in which a
33    cable  television  franchisee  intends   to   install   cable
34    television  facilities  as herein provided, written notice of
 
                            -14-     LRB093 08261 BDD 08474 b
 1    such  intention  shall  be  sent  by  the  cable   television
 2    franchisee   to   the  property  owner  or  to  such  person,
 3    association or managing agent as shall have been appointed or
 4    otherwise designated to manage or operate the property.  Such
 5    notice shall include the address of the property, the name of
 6    the cable television franchisee, and information  as  to  the
 7    time  within  which the owner may give notice, demand payment
 8    as  just  compensation  and  initiate  legal  proceedings  as
 9    provided in this subparagraph (c) and  subparagraph  (d).  In
10    any  instance in which a community antenna television company
11    intends to  install  cable  television  facilities  within  a
12    residential  building containing 12 or more residential units
13    or upon, beneath, or over real estate that is used as a  site
14    for  12 or more manufactured housing units, 12 or more mobile
15    homes, or a combination of 12 or  more  manufactured  housing
16    units  and  mobile  homes,  the  written notice shall further
17    provide  that  the  property  owner  may  require  that   the
18    community  antenna  television  company  submit  to the owner
19    written  plans  identifying  the  manner   in   which   cable
20    television  facilities  are  to  be  installed, including the
21    proposed location of coaxial cable.  Approval of  such  plans
22    by  the property owner shall not be unreasonably withheld and
23    such owners' consent to and approval of such plans  shall  be
24    presumed  unless, within 30 days after receipt thereof, or in
25    the case of a condominium association, 90 days after  receipt
26    thereof,   the  property  owner  identifies  in  writing  the
27    specific manner in which such plans  deviate  from  generally
28    accepted  construction  or  safety  standards, and unless the
29    property  owner  contemporaneously  submits  an   alternative
30    construction  plan  providing  for  the installation of cable
31    television facilities in  an  economically  feasible  manner.
32    The community antenna television company may proceed with the
33    plans  originally  submitted  if  an  alternative plan is not
34    submitted by the property owner within 30  days,  or  in  the
 
                            -15-     LRB093 08261 BDD 08474 b
 1    case  of  a  condominium  association,  90  days,  or  if  an
 2    alternative  plan  submitted  by  the property owner fails to
 3    comply  with  generally  accepted  construction  and   safety
 4    standards  or  does not provide for the installation of cable
 5    television facilities in an economically feasible manner. For
 6    purposes of this subsection, "mobile home" and  "manufactured
 7    housing  unit"  have  the  same  meaning  as  in the Illinois
 8    Manufactured Housing and Mobile Home Safety Act.
 9        (d)  Any owner of a  residential  building  described  in
10    subparagraph  (a),  and  any  owner of improved or unimproved
11    real estate described in subparagraph  (b),  who  shall  have
12    given   timely   written   notice  to  the  cable  television
13    franchisee as provided in  subparagraph  (c),  may  assert  a
14    claim  for  just  compensation in excess of $1 for permitting
15    the installation of cable television  facilities  within  and
16    upon  such  building,  or  upon,  beneath  or  over such real
17    estate.  Within 30  days  after  notice  has  been  given  in
18    accordance  with subparagraph (c), the owner shall advise the
19    cable television franchisee in writing of the amount  claimed
20    as just compensation.  If within 60 days after the receipt of
21    the  owner's  claim,  the cable television franchisee has not
22    agreed to  pay  the  amount  claimed  or  some  other  amount
23    acceptable  to the owner, the owner may bring suit to enforce
24    such claim for just compensation in any  court  of  competent
25    jurisdiction  and,  upon  timely demand, may require that the
26    amount of just compensation be determined by a jury. Any such
27    action shall be commenced within 6 months of the notice given
28    by the cable television franchisee pursuant  to  subparagraph
29    (c)  hereof.  In any action brought to determine such amount,
30    the owner may submit evidence  of  a  decrease  in  the  fair
31    market  value  of the property occasioned by the installation
32    or location of the cable on the property, that the owner  has
33    a  specific  alternative  use for the space occupied by cable
34    television facilities, the loss of which  will  result  in  a
 
                            -16-     LRB093 08261 BDD 08474 b
 1    monetary  loss  to  the  owner, or that installation of cable
 2    television facilities within and upon such building or  upon,
 3    beneath  or  over  such  real  estate otherwise substantially
 4    interferes with the use and occupancy of such building to  an
 5    extent  which  causes  a decrease in the fair market value of
 6    such building or real estate.
 7        (e)  Neither the giving of a notice by  the  owner  under
 8    subparagraph  (c), nor the assertion of a specific claim, nor
 9    the initiation of legal action  to  enforce  such  claim,  as
10    provided  under  subparagraph  (d), shall delay or impair the
11    right of the cable  television  franchisee  to  construct  or
12    install   cable  television  facilities  and  maintain  cable
13    television services within or upon any building described  in
14    subparagraph  (a)  or  upon,  beneath  or  over  real  estate
15    described in subparagraph (b).
16        (f)  Notwithstanding  the foregoing, no community antenna
17    television company or municipality shall enter upon any  real
18    estate  or  rights of way in the possession or control of any
19    public utility, railroad or owner  or  operator  of  an  oil,
20    petroleum  product,  chemical  or  gas pipeline to install or
21    remove cable television facilities or to provide  underground
22    maintenance or repair services with respect thereto, prior to
23    delivery to the public utility, railroad or pipeline owner or
24    operator  of  written  notice  of  intent  to enter, install,
25    maintain or remove.  No entry shall be made until at least 15
26    business days after receipt of  such  written  notice.   Such
27    written  notice,  which  shall be delivered to the registered
28    agent of such public utility, railroad or pipeline  owner  or
29    operator shall include the following information:
30        (i)  The  date of the proposed installation, maintenance,
31    repair or removal and projected length of  time  required  to
32    complete such installation, maintenance, repair or removal;
33        (ii)  The   manner   and  method  of  such  installation,
34    maintenance,  repair or removal;
 
                            -17-     LRB093 08261 BDD 08474 b
 1        (iii)  The location of the proposed  entry  and  path  of
 2    cable  television facilities proposed to be placed, repaired,
 3    maintained or removed upon the real estate or right  of  way;
 4    and
 5        (iv)  The  written  agreement  of  the  community antenna
 6    television company to indemnify and hold harmless such public
 7    utility, railroad or pipeline  owner  or  operator  from  the
 8    costs  of  any  damages  directly or indirectly caused by the
 9    installation, maintenance, repair, operation, or  removal  of
10    cable  television  facilities.  Upon  request  of  the public
11    utility, railroad, or owner or operator of an oil,  petroleum
12    product,  chemical  or  gas  pipeline,  the community antenna
13    television company shall provide proof that it has  purchased
14    and  will  maintain  a  policy  or  policies  of insurance in
15    amounts sufficient to provide coverage  for  personal  injury
16    and  property  damage  losses caused by or resulting from the
17    installation,  maintenance,  repair  or  removal   of   cable
18    television  facilities.  The  written agreement shall provide
19    that the community antenna television company shall  maintain
20    such  policies  of insurance in full force and effect as long
21    as cable television facilities  remain on the real estate  or
22    right of way.
23        Within  15  business days of receipt of the written prior
24    notice of entry the  public  utility,  railroad  or  pipeline
25    owner  or operator shall investigate and determine whether or
26    not  the  proposed  entry   and   installation   or   repair,
27    maintenance,  or  removal  would create a dangerous condition
28    threatening the safety of the public or  the  safety  of  its
29    employees  or  threatening  to  cause  an interruption of the
30    furnishing  of  vital  transportation,  utility  or  pipeline
31    services and upon so finding shall so  notify  the  community
32    antenna  television  company or municipality of such decision
33    in writing.  Initial determination of the existence of such a
34    dangerous condition or interruption of services shall be made
 
                            -18-     LRB093 08261 BDD 08474 b
 1    by the public utility, railroad or pipeline owner or operator
 2    whose real estate or right of way is involved.  In the  event
 3    that the community antenna television company or municipality
 4    disagrees with such determination, a determination of whether
 5    such  entry  and installation, maintenance, repair or removal
 6    would create such a dangerous condition or interrupt services
 7    shall be made by a court of competent jurisdiction  upon  the
 8    application  of  such community antenna television company or
 9    municipality.  An initial written determination of  a  public
10    utility,  railroad, or pipeline owner or operator timely made
11    and transmitted to the community antenna  television  company
12    or municipality, in the absence of a determination by a court
13    of  competent  jurisdiction finding to the contrary, bars the
14    entry  of  the  community  antenna  television   company   or
15    municipality  upon  the  real  estate or right of way for any
16    purpose.
17        Any  public  utility,  railroad  or  pipeline  owner   or
18    operator  may  assert  a  written claim against any community
19    antenna television company for just  compensation  within  30
20    days  after  written notice has been given in accordance with
21    this subparagraph (f).  If, within 60 days after the  receipt
22    of   such  claim  for  compensation,  the  community  antenna
23    television company has not agreed to the  amount  claimed  or
24    some  other amount acceptable to the public utility, railroad
25    or pipeline owner or operator, the public  utility,  railroad
26    or  pipeline owner or operator may bring suit to enforce such
27    claim  for  just  compensation  in  any  court  of  competent
28    jurisdiction and, upon timely demand, may  require  that  the
29    amount  of  just  compensation  be determined by a jury.  Any
30    such action shall be commenced within 6 months of the  notice
31    provided for in this subparagraph (f).  In any action brought
32    to  determine  such  just  compensation,  the public utility,
33    railroad or  pipeline  owner  or  operator  may  submit  such
34    evidence   as   may   be   relevant  to  the  issue  of  just
 
                            -19-     LRB093 08261 BDD 08474 b
 1    compensation.  Neither  the  assertion   of   a   claim   for
 2    compensation  nor  the  initiation of legal action to enforce
 3    such claim shall delay or impair the right of  the  community
 4    antenna  television  company  to  construct  or install cable
 5    television facilities upon any real estate or rights  of  way
 6    of   any  public  utility,  railroad  or  pipeline  owner  or
 7    operator.
 8        To the extent that the public utility, railroad, or owner
 9    or operator of an oil, petroleum  product,  chemical  or  gas
10    pipeline  deems  it  appropriate  to  supervise,  monitor  or
11    otherwise  assist the community antenna television company in
12    connection with  the  installation,  maintenance,  repair  or
13    removal  of cable television facilities upon such real estate
14    or rights of way, the community  antenna  television  company
15    shall  reimburse  the  public  utility,  railroad or owner or
16    operator of  an  oil,  petroleum  product,  chemical  or  gas
17    pipeline  for  costs  reasonable  and  actually  incurred  in
18    connection therewith.
19        The  provisions  of  this  subparagraph  (f) shall not be
20    applicable to any easements, rights of way or ways for public
21    service facilities in  which  public  utilities,  other  than
22    railroads,  have  any  interest pursuant to "An Act to revise
23    the law in relation to plats", approved March  21,  1874,  as
24    amended,  and  all ordinances enacted pursuant thereto.  Such
25    easements,  rights  of  way  and  ways  for  public   service
26    facilities  are  hereby declared to be apportionable and upon
27    written request by a community  antenna  television  company,
28    public utilities shall make such easements, rights of way and
29    ways   for   public  service  facilities  available  for  the
30    construction,  maintenance,  repair  or  removal   of   cable
31    television   facilities   provided  that  such  construction,
32    maintenance, repair or removal does not  create  a  dangerous
33    condition  threatening the safety of the public or the safety
34    of such public utility employees or threatening to  cause  an
 
                            -20-     LRB093 08261 BDD 08474 b
 1    interruption  of  the  furnishing  of  vital utility service.
 2    Initial determination of the existence of  such  a  dangerous
 3    condition  or  interruption  of services shall be made by the
 4    public utility whose easement, right of way or way for public
 5    service facility is involved.  In  the  event  the  community
 6    antenna  television  company  or  municipality disagrees with
 7    such  determination,  a   determination   of   whether   such
 8    construction,  maintenance,  repair  or  removal would create
 9    such a dangerous condition or  threaten  to  interrupt  vital
10    utility  services,  shall  be  made  by  a court of competent
11    jurisdiction upon the application of such  community  antenna
12    television company.
13        Within  20  days  after a municipality issues a permit or
14    other  authorization  for  the  construction  of  residential
15    buildings within any residentially-zoned subdivision  created
16    through  a plat recorded after July 1, 2003, the municipality
17    must  notify  any   community   antenna   television   system
18    franchised  to  serve  all or a portion of the subdivision of
19    the issuance of the permit or other authorization. The notice
20    must identify the owner of record of  the  property  and  the
21    party to whom construction authorization has been granted.
22        In  addition  to such other notices as may be required by
23    this subparagraph (f), a community antenna television company
24    or municipality shall not  enter  upon  the  real  estate  or
25    rights  of  way  of  any public utility, railroad or pipeline
26    owner  or  operator  for   the   purposes   of   above-ground
27    maintenance  or  repair  of  its  television cable facilities
28    without  giving  96  hours  prior  written  notice   to   the
29    registered  agent of the public utility, railroad or pipeline
30    owner or operator involved,  or  in  the  case  of  a  public
31    utility,  notice  may be given through the statewide one-call
32    notice system provided for by General Order of  the  Illinois
33    Commerce  Commission  or,  if  in Chicago, through the system
34    known as the Chicago Utility Alert Network.
 
                            -21-     LRB093 08261 BDD 08474 b
 1    (Source: P.A. 90-450, eff. 1-1-98.)