093_SB0886enr

 
SB886 Enrolled                       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
 
SB886 Enrolled             -2-       LRB093 08261 BDD 08474 b
 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
 
SB886 Enrolled             -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,
 
SB886 Enrolled             -4-       LRB093 08261 BDD 08474 b
 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
 
SB886 Enrolled             -5-       LRB093 08261 BDD 08474 b
 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,
 
SB886 Enrolled             -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,
 
SB886 Enrolled             -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
 
SB886 Enrolled             -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
 
SB886 Enrolled             -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
 
SB886 Enrolled             -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        If  a county notifies or a county requires a developer to
10    notify a public utility before or after issuing a  permit  or
11    other  authorization  for  the  construction  of  residential
12    buildings,  then  the  county or developer shall, at the same
13    time,  similarly  notify  any  community  antenna  television
14    system franchised by or within that county.
15        In addition to such other notices as may be  required  by
16    this subparagraph (f), a community antenna television company
17    shall  not enter upon the real estate or rights of way of any
18    public utility, railroad or pipeline owner  or  operator  for
19    the  purposes  of  above-ground  maintenance or repair of its
20    television cable facilities without  giving  96  hours  prior
21    written notice to the registered agent of the public utility,
22    railroad  or  pipeline  owner or operator involved, or in the
23    case of a public utility, notice may  be  given  through  the
24    statewide  one-call  notice  system  provided  for by General
25    Order of the Illinois Commerce Commission or, if in  Chicago,
26    through  the  system  known  as  the  Chicago  Utility  Alert
27    Network.
28    (Source: P.A. 90-450, eff. 1-1-98.)

29        Section  10.  The  Illinois  Municipal Code is amended by
30    changing Section 11-42-11.1 as follows:

31        (65 ILCS 5/11-42-11.1) (from Ch. 24, par. 11-42-11.1)
32        Sec.  11-42-11.1.   (a)  In  any  instance  in  which   a
 
SB886 Enrolled             -11-      LRB093 08261 BDD 08474 b
 1    municipality  has  (i)  granted  a franchise to any community
 2    antenna  television  company  or   (ii)   decided   for   the
 3    municipality itself to construct, operate or maintain a cable
 4    television  system  within  a  designated  area,  no property
 5    owner, condominium association,  managing  agent,  lessee  or
 6    other  person  in  possession  or  control of any residential
 7    building located within the designated area shall  forbid  or
 8    prevent  any  occupant, tenant or lessee of any such building
 9    from receiving cable television service from such  franchisee
10    or  municipality,  nor demand or accept payment from any such
11    occupant, tenant or lessee in any  form  as  a  condition  of
12    permitting the installation of cable television facilities or
13    the  maintenance  of  cable  television  service  in any such
14    building or any portion thereof occupied or  leased  by  such
15    occupant,  tenant  or  lessee,  nor  shall  any such property
16    owner, condominium association,  managing  agent,  lessee  or
17    other  person  discriminate  in  rental  charges or otherwise
18    against  any  occupant,  tenant  or  lessee  receiving  cable
19    service; provided, however, that the owner of  such  building
20    may  require,  in exchange and as compensation for permitting
21    the installation of cable television  facilities  within  and
22    upon  such  building, the payment of just compensation by the
23    cable  television  franchisee  which  provides   such   cable
24    television  service,  said sum to be determined in accordance
25    with the provisions of subparagraphs (c) and (d) hereof,  and
26    provided   further   that  the  cable  television  franchisee
27    installing such cable television facilities  shall  agree  to
28    indemnify the owner of such building for any damage caused by
29    the   installation,   operation  or  removal  of  such  cable
30    television facilities and service.
31        No community antenna  television  company  shall  install
32    cable  television  facilities  within  a residential building
33    pursuant to this subparagraph (a) unless an occupant,  tenant
34    or  lessee of such residential building requests the delivery
 
SB886 Enrolled             -12-      LRB093 08261 BDD 08474 b
 1    of cable television services. In  any  instance  in  which  a
 2    request for service is made by more than 3 occupants, tenants
 3    or  lessees  of a residential building, the community antenna
 4    television company may install  cable  television  facilities
 5    throughout  the  building  in  a  manner  which  enables  the
 6    community   antenna   television  company  to  provide  cable
 7    television services to occupants, tenants or lessees of other
 8    residential  units  without  requiring  the  installation  of
 9    additional cable television facilities other than within  the
10    residential  units  occupied by such other occupants, tenants
11    or lessees.
12        (b)  In any instance in  which  a  municipality  has  (i)
13    granted  a  franchise  to  any  community  antenna television
14    company or  (ii)  decided  for  the  municipality  itself  to
15    construct,  operate  or  maintain  a cable television  system
16    within a designated  area,  no  property  owner,  condominium
17    association,  managing  agent,  lessee  or  other  person  in
18    possession  and  control  of  any improved or unimproved real
19    estate located within such designated area  shall  forbid  or
20    prevent such cable television franchisee or municipality from
21    entering  upon  such  real  estate  for the purpose of and in
22    connection with the  construction  or  installation  of  such
23    cable  television system and cable television facilities, nor
24    shall  any  such  property  owner,  condominium  association,
25    managing agent, lessee  or  other  person  in  possession  or
26    control  of  such  real  estate  forbid or prevent such cable
27    television franchisee or municipality  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 or municipality
32    in the 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
 
SB886 Enrolled             -13-      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,
 
SB886 Enrolled             -14-      LRB093 08261 BDD 08474 b
 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  such  plans
20    by  the property owner shall not be unreasonably withheld and
21    such owners' consent to and approval of such 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 such 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
 
SB886 Enrolled             -15-      LRB093 08261 BDD 08474 b
 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,
 
SB886 Enrolled             -16-      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 or municipality shall enter upon any  real
16    estate  or  rights of way in the possession or control of any
17    public utility, railroad or owner  or  operator  of  an  oil,
18    petroleum  product,  chemical  or  gas pipeline to install or
19    remove cable television facilities or to provide  underground
20    maintenance or repair services with respect thereto, prior to
21    delivery to the public utility, railroad or pipeline owner or
22    operator  of  written  notice  of  intent  to enter, install,
23    maintain or remove.  No entry shall be made until at least 15
24    business days after receipt of  such  written  notice.   Such
25    written  notice,  which  shall be delivered to the registered
26    agent of such public utility, railroad or pipeline  owner  or
27    operator 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,
 
SB886 Enrolled             -17-      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 or municipality of such decision
31    in writing.  Initial determination of the existence of such a
32    dangerous condition or interruption of services shall be made
33    by the public utility, railroad or pipeline owner or operator
34    whose real estate or right of way is involved.  In the  event
 
SB886 Enrolled             -18-      LRB093 08261 BDD 08474 b
 1    that the community antenna television company or municipality
 2    disagrees with such determination, a determination of whether
 3    such  entry  and installation, maintenance, repair or removal
 4    would create such a dangerous condition or interrupt services
 5    shall be made by a court of competent jurisdiction  upon  the
 6    application  of  such community antenna television company or
 7    municipality.  An initial written determination of  a  public
 8    utility,  railroad, or pipeline owner or operator timely made
 9    and transmitted to the community antenna  television  company
10    or municipality, in the absence of a determination by a court
11    of  competent  jurisdiction finding to the contrary, bars the
12    entry  of  the  community  antenna  television   company   or
13    municipality  upon  the  real  estate or right of way for any
14    purpose.
15        Any  public  utility,  railroad  or  pipeline  owner   or
16    operator  may  assert  a  written claim against any community
17    antenna television company for just  compensation  within  30
18    days  after  written notice has been given in accordance with
19    this subparagraph (f).  If, within 60 days after the  receipt
20    of   such  claim  for  compensation,  the  community  antenna
21    television company has not agreed to the  amount  claimed  or
22    some  other amount acceptable to the public utility, railroad
23    or pipeline owner or operator, the public  utility,  railroad
24    or  pipeline owner or operator may bring suit to enforce such
25    claim  for  just  compensation  in  any  court  of  competent
26    jurisdiction and, upon timely demand, may  require  that  the
27    amount  of  just  compensation  be determined by a jury.  Any
28    such action shall be commenced within 6 months of the  notice
29    provided for in this subparagraph (f).  In any action brought
30    to  determine  such  just  compensation,  the public utility,
31    railroad or  pipeline  owner  or  operator  may  submit  such
32    evidence   as   may   be   relevant  to  the  issue  of  just
33    compensation.  Neither  the  assertion   of   a   claim   for
34    compensation  nor  the  initiation of legal action to enforce
 
SB886 Enrolled             -19-      LRB093 08261 BDD 08474 b
 1    such claim shall delay or impair the right of  the  community
 2    antenna  television  company  to  construct  or install cable
 3    television facilities upon any real estate or rights  of  way
 4    of   any  public  utility,  railroad  or  pipeline  owner  or
 5    operator.
 6        To the extent that the public utility, railroad, or owner
 7    or operator of an oil, petroleum  product,  chemical  or  gas
 8    pipeline  deems  it  appropriate  to  supervise,  monitor  or
 9    otherwise  assist the community antenna television company in
10    connection with  the  installation,  maintenance,  repair  or
11    removal  of cable television facilities upon such real estate
12    or rights of way, the community  antenna  television  company
13    shall  reimburse  the  public  utility,  railroad or owner or
14    operator of  an  oil,  petroleum  product,  chemical  or  gas
15    pipeline  for  costs  reasonable  and  actually  incurred  in
16    connection therewith.
17        The  provisions  of  this  subparagraph  (f) shall not be
18    applicable to any easements, rights of way or ways for public
19    service facilities in  which  public  utilities,  other  than
20    railroads,  have  any  interest pursuant to "An Act to revise
21    the law in relation to plats", approved March  21,  1874,  as
22    amended,  and  all ordinances enacted pursuant thereto.  Such
23    easements,  rights  of  way  and  ways  for  public   service
24    facilities  are  hereby declared to be apportionable and upon
25    written request by a community  antenna  television  company,
26    public utilities shall make such easements, rights of way and
27    ways   for   public  service  facilities  available  for  the
28    construction,  maintenance,  repair  or  removal   of   cable
29    television   facilities   provided  that  such  construction,
30    maintenance, repair or removal does not  create  a  dangerous
31    condition  threatening the safety of the public or the safety
32    of such public utility employees or threatening to  cause  an
33    interruption  of  the  furnishing  of  vital utility service.
34    Initial determination of the existence of  such  a  dangerous
 
SB886 Enrolled             -20-      LRB093 08261 BDD 08474 b
 1    condition  or  interruption  of services shall be made by the
 2    public utility whose easement, right of way or way for public
 3    service facility is involved.  In  the  event  the  community
 4    antenna  television  company  or  municipality disagrees with
 5    such  determination,  a   determination   of   whether   such
 6    construction,  maintenance,  repair  or  removal would create
 7    such a dangerous condition or  threaten  to  interrupt  vital
 8    utility  services,  shall  be  made  by  a court of competent
 9    jurisdiction upon the application of such  community  antenna
10    television company.
11        If  a  municipality notifies or a municipality requires a
12    developer to notify a public utility before or after  issuing
13    a  permit  or  other  authorization  for  the construction of
14    residential buildings, then  the  municipality  or  developer
15    shall,  at  the  same  time,  similarly  notify any community
16    antenna  television  system  franchised  by  or  within  that
17    municipality.
18        In addition to such other notices as may be  required  by
19    this subparagraph (f), a community antenna television company
20    or  municipality  shall  not  enter  upon  the real estate or
21    rights of way of any public  utility,  railroad  or  pipeline
22    owner   or   operator   for   the  purposes  of  above-ground
23    maintenance or repair  of  its  television  cable  facilities
24    without   giving   96  hours  prior  written  notice  to  the
25    registered agent of the public utility, railroad or  pipeline
26    owner  or  operator  involved,  or  in  the  case of a public
27    utility, notice may be given through the  statewide  one-call
28    notice  system  provided for by General Order of the Illinois
29    Commerce Commission or, if in  Chicago,  through  the  system
30    known as the Chicago Utility Alert Network.
 
SB886 Enrolled             -21-      LRB093 08261 BDD 08474 b
 1    (Source: P.A. 90-450, eff. 1-1-98.)