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90_SB0691sam001
LRB9003181DNmbam03
1 AMENDMENT TO SENATE BILL 691
2 AMENDMENT NO. . Amend Senate Bill 691 by replacing
3 everything after the enacting clause with the following:
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,
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1 tenant or lessee, nor shall any such property owner,
2 condominium association, managing agent, lessee or other
3 person discriminate in rental charges or otherwise against
4 any occupant, tenant or lessee receiving cable service;
5 provided, however, that the owner of such building may
6 require, in exchange and as compensation for permitting the
7 installation of cable television facilities within and upon
8 such building, the payment of just compensation to be paid by
9 the cable television franchisee which provides such cable
10 television service, said sum to be determined in accordance
11 with the provisions of subparagraphs (c) and (d) hereof, and
12 provided further that the cable television franchisee
13 installing such cable television facilities shall agree to
14 indemnify the owner of such building for any damage caused by
15 the installation, operation or removal of such cable
16 television facilities and service.
17 No community antenna television company shall install
18 cable television facilities within a residential building
19 pursuant to this subparagraph (a) unless an occupant, tenant
20 or lessee of such residential building requests the delivery
21 of cable television services.
22 (b) In any instance in which a county has granted a
23 franchise to any community antenna television company to
24 construct, operate or maintain a cable television system
25 within a designated franchise area, no property owner,
26 condominium association, managing agent, lessee or other
27 person in possession and control of any improved or
28 unimproved real estate located within such designated
29 franchise area shall forbid or prevent such cable television
30 franchisee from entering upon such real estate for the
31 purpose of and in connection with the construction or
32 installation of such cable television system and cable
33 television facilities, nor shall any such property owner,
34 condominium association, managing agent, lessee or other
-3- LRB9003181DNmbam03
1 person in possession or control of such real estate forbid or
2 prevent such cable television franchisee from constructing or
3 installing upon, beneath or over such real estate, including
4 any buildings or other structures located thereon, hardware,
5 cable, equipment, materials or other cable television
6 facilities utilized by such cable franchisee in the
7 construction and installation of such cable television
8 system; provided, however, that the owner of any such real
9 estate may require, in exchange and as compensation for
10 permitting the construction or installation of cable
11 television facilities upon, beneath or over such real estate,
12 the payment of just compensation by the cable television
13 franchisee which provides such cable television service, said
14 sum to be determined in accordance with the provisions of
15 subparagraphs (c) and (d) hereof, and provided further that
16 the cable television franchisee constructing or installing
17 such cable television facilities shall agree to indemnify the
18 owner of such real estate for any damage caused by the
19 installation, operation or removal of such cable television
20 facilities and service.
21 (c) In any instance in which the owner of a residential
22 building or the owner of improved or unimproved real estate
23 intends to require the payment of just compensation in excess
24 of $1 in exchange for permitting the installation of cable
25 television facilities in and upon such building, or upon,
26 beneath or over such real estate, the owner shall serve
27 written notice thereof upon the cable television franchisee.
28 Any such notice shall be served within 20 days of the date on
29 which such owner is notified of the cable television
30 franchisee's intention to construct or install cable
31 television facilities in and upon such building, or upon,
32 beneath or over such real estate. Unless timely notice as
33 herein provided is given by the owner to the cable television
34 franchisee, it will be conclusively presumed that the owner
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1 of any such building or real estate does not claim or intend
2 to require a payment of more than $1 in exchange and as just
3 compensation for permitting the installation of cable
4 television facilities within and upon such building, or upon,
5 beneath or over such real estate. In any instance in which a
6 cable television franchisee intends to install cable
7 television facilities as herein provided, written notice of
8 such intention shall be sent by the cable television
9 franchisee to the property owner or to such person,
10 association or managing agent as shall have been appointed or
11 otherwise designated to manage or operate the property. Such
12 notice shall include the address of the property, the name of
13 the cable television franchisee, and information as to the
14 time within which the owner may give notice, demand payment
15 as just compensation and initiate legal proceedings as
16 provided in this subparagraph (c) and subparagraph (d).
17 (d) Any owner of a residential building described in
18 subparagraph (a), and any owner of improved or unimproved
19 real estate described in subparagraph (b), who shall have
20 given timely written notice to the cable television
21 franchisee as provided in subparagraph (c), may assert a
22 claim for just compensation in excess of $1 for permitting
23 the installation of cable television facilities within and
24 upon such building, or upon, beneath or over such real
25 estate. Within 30 days after notice has been given in
26 accordance with subparagraph (c), the owner shall advise the
27 cable television franchisee in writing of the amount claimed
28 as just compensation. If within 60 days after the receipt of
29 the owner's claim, the cable television franchisee has not
30 agreed to pay the amount claimed or some other amount
31 acceptable to the owner, the owner may bring suit to enforce
32 such claim for just compensation in any court of competent
33 jurisdiction and, upon timely demand, may require that the
34 amount of just compensation be determined by a jury. Any such
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1 action shall be commenced within 6 months of the notice given
2 by the cable television franchisee pursuant to subparagraph
3 (c) hereof. In any action brought to determine such amount,
4 the owner may submit evidence of a decrease in the fair
5 market value of the property occasioned by the installation
6 or location of the cable on the property, that the owner has
7 a specific alternative use for the space occupied by cable
8 television facilities, the loss of which will result in a
9 monetary loss to the owner, or that installation of cable
10 television facilities within and upon such building or upon,
11 beneath or over such real estate otherwise substantially
12 interferes with the use and occupancy of such building to an
13 extent which causes a decrease in the fair market value of
14 such building or real estate.
15 (e) Neither the giving of a notice by the owner under
16 subparagraph (c), nor the assertion of a specific claim, nor
17 the initiation of legal action to enforce such claim, as
18 provided under subparagraph (d), shall delay or impair the
19 right of the cable television franchisee to construct or
20 install cable television facilities and maintain cable
21 television services within or upon any building described in
22 subsection subparagraph (a) or upon, beneath, or over real
23 estate described in subsection subparagraph (b), except as
24 provided in this subsection. A cable television franchisee
25 shall not begin constructing or installing cable television
26 facilities and services upon, beneath, or over real estate
27 with manufactured housing, mobile home parks, or manufactured
28 housing subdivisions until the franchisee and the owner of
29 the real estate have agreed on just compensation or just
30 compensation has been determined by a court of competent
31 jurisdiction in accordance with subsections (c) and (d).
32 After just compensation has been agreed to or determined by a
33 court of competent jurisdiction, the franchisee has the right
34 to construct or install cable television facilities and
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1 maintain cable television services within or upon any
2 building described in subsection (a) or upon, beneath, or
3 over real estate with manufactured housing, mobile home
4 parks, or manufactured housing subdivisions described in
5 subsection (b).
6 (f) Notwithstanding the foregoing, no community antenna
7 television company shall enter upon any real estate or rights
8 of way in the possession or control of any public utility,
9 railroad or owner or operator of an oil, petroleum product,
10 chemical or gas pipeline to install or remove cable
11 television facilities or to provide underground maintenance
12 or repair services with respect thereto, prior to delivery to
13 the public utility, railroad or pipeline owner or operator of
14 written notice of intent to enter, install, maintain or
15 remove. No entry shall be made until at least 15 business
16 days after receipt of such written notice. Such written
17 notice, which shall be delivered to the registered agent of
18 such public utility, railroad or pipeline owner or operator
19 shall include the following information:
20 (i) The date of the proposed installation, maintenance,
21 repair or removal and projected length of time required to
22 complete such installation, maintenance, repair or removal;
23 (ii) The manner and method of such installation,
24 maintenance, repair or removal;
25 (iii) The location of the proposed entry and path of
26 cable television facilities proposed to be placed, repaired,
27 maintained or removed upon the real estate or right of way;
28 and
29 (iv) The written agreement of the community antenna
30 television company to indemnify and hold harmless such public
31 utility, railroad or pipeline owner or operator from the
32 costs of any damages directly or indirectly caused by the
33 installation, maintenance, repair, operation, or removal of
34 cable television facilities. Upon request of the public
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1 utility, railroad, or owner or operator of an oil, petroleum
2 product, chemical or gas pipeline, the community antenna
3 television company shall provide proof that it has purchased
4 and will maintain a policy or policies of insurance in
5 amounts sufficient to provide coverage for personal injury
6 and property damage losses caused by or resulting from the
7 installation, maintenance, repair or removal of cable
8 television facilities. The written agreement shall provide
9 that the community antenna television company shall maintain
10 such policies of insurance in full force and effect as long
11 as cable television facilities remain on the real estate or
12 right of way.
13 Within 15 business days of receipt of the written prior
14 notice of entry the public utility, railroad or pipeline
15 owner or operator shall investigate and determine whether or
16 not the proposed entry and installation or repair,
17 maintenance, or removal would create a dangerous condition
18 threatening the safety of the public or the safety of its
19 employees or threatening to cause an interruption of the
20 furnishing of vital transportation, utility or pipeline
21 services and upon so finding shall so notify the community
22 antenna television company of such decision in writing.
23 Initial determination of the existence of such a dangerous
24 condition or interruption of services shall be made by the
25 public utility, railroad or pipeline owner or operator whose
26 real estate or right of way is involved. In the event that
27 the community antenna television company disagrees with such
28 determination, a determination of whether such entry and
29 installation, maintenance, repair or removal would create
30 such a dangerous condition or interrupt services shall be
31 made by a court of competent jurisdiction upon the
32 application of such community antenna television company. An
33 initial written determination of a public utility, railroad,
34 or pipeline owner or operator timely made and transmitted to
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1 the community antenna television company, in the absence of a
2 determination by a court of competent jurisdiction finding to
3 the contrary, bars the entry of the community antenna
4 television company upon the real estate or right of way for
5 any purpose.
6 Any public utility, railroad or pipeline owner or
7 operator may assert a written claim against any community
8 antenna television company for just compensation within 30
9 days after written notice has been given in accordance with
10 this subparagraph (f). If, within 60 days after the receipt
11 of such claim for compensation, the community antenna
12 television company has not agreed to the amount claimed or
13 some other amount acceptable to the public utility, railroad
14 or pipeline owner or operator, the public utility, railroad
15 or pipeline owner or operator may bring suit to enforce such
16 claim for just compensation in any court of competent
17 jurisdiction and, upon timely demand, may require that the
18 amount of just compensation be determined by a jury. Any
19 such action shall be commenced within 6 months of the notice
20 provided for in this subparagraph (f). In any action brought
21 to determine such just compensation, the public utility,
22 railroad or pipeline owner or operator may submit such
23 evidence as may be relevant to the issue of just
24 compensation. Neither the assertion of a claim for
25 compensation nor the initiation of legal action to enforce
26 such claim shall delay or impair the right of the community
27 antenna television company to construct or install cable
28 television facilities upon any real estate or rights of way
29 of any public utility, railroad or pipeline owner or
30 operator.
31 To the extent that the public utility, railroad, or owner
32 or operator of an oil, petroleum product, chemical or gas
33 pipeline deems it appropriate to supervise, monitor or
34 otherwise assist the community antenna television company in
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1 connection with the installation, maintenance, repair or
2 removal of cable television facilities upon such real estate
3 or rights of way, the community antenna television company
4 shall reimburse the public utility, railroad or owner or
5 operator of an oil, petroleum product, chemical or gas
6 pipeline for costs reasonable and actually incurred in
7 connection therewith.
8 The provisions of this subparagraph (f) shall not be
9 applicable to any easements, rights of way or ways for public
10 service facilities in which public utilities, other than
11 railroads, have any interest pursuant to "an Act to revise
12 the law in relation to plats" approved March 21, 1874, and
13 all ordinances enacted pursuant thereto. Such easements,
14 rights of way and ways for public service facilities are
15 hereby declared to be apportionable and upon written request
16 by a community antenna television company, public utilities
17 shall make such easements, rights of way and ways for public
18 service facilities available for the construction,
19 maintenance, repair or removal of cable television facilities
20 provided that such construction, maintenance, repair or
21 removal does not create a dangerous condition threatening the
22 safety of the public or the safety of such public utility
23 employees or threatening to cause an interruption of the
24 furnishing of vital utility service. Initial determination
25 of the existence of such a dangerous condition or
26 interruption of services shall be made by the public utility
27 whose easement, right of way or way for public service
28 facility is involved. In the event the community antenna
29 television company disagrees with such determination, a
30 determination of whether such construction, maintenance,
31 repair or removal would create such a dangerous condition or
32 threaten to interrupt vital utility services, shall be made
33 by a court of competent jurisdiction upon the application of
34 such community antenna television company.
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1 In addition to such other notices as may be required by
2 this subparagraph (f), a community antenna television company
3 shall not enter upon the real estate or rights of way of any
4 public utility, railroad or pipeline owner or operator for
5 the purposes of above-ground maintenance or repair of its
6 television cable facilities without giving 96 hours prior
7 written notice to the registered agent of the public utility,
8 railroad or pipeline owner or operator involved, or in the
9 case of a public utility, notice may be given through the
10 statewide one-call notice system provided for by General
11 Order of the Illinois Commerce Commission or, if in Chicago,
12 through the system known as the Chicago Utility Alert
13 Network.
14 (Source: P.A. 86-962.)
15 Section 10. The Illinois Municipal Code is amended by
16 changing Section 11-42-11.1 as follows:
17 (65 ILCS 5/11-42-11.1) (from Ch. 24, par. 11-42-11.1)
18 Sec. 11-42-11.1. Community antenna television systems;
19 interference with and payment for access.
20 (a) In any instance in which a municipality has (i)
21 granted a franchise to any community antenna television
22 company or (ii) decided for the municipality itself to
23 construct, operate or maintain a cable television system
24 within a designated area, no property owner, condominium
25 association, managing agent, lessee or other person in
26 possession or control of any residential building located
27 within the designated area shall forbid or prevent any
28 occupant, tenant or lessee of any such building from
29 receiving cable television service from such franchisee or
30 municipality, nor demand or accept payment from any such
31 occupant, tenant or lessee in any form as a condition of
32 permitting the installation of cable television facilities or
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1 the maintenance of cable television service in any such
2 building or any portion thereof occupied or leased by such
3 occupant, tenant or lessee, nor shall any such property
4 owner, condominium association, managing agent, lessee or
5 other person discriminate in rental charges or otherwise
6 against any occupant, tenant or lessee receiving cable
7 service; provided, however, that the owner of such building
8 may require, in exchange and as compensation for permitting
9 the installation of cable television facilities within and
10 upon such building, the payment of just compensation by the
11 cable television franchisee which provides such cable
12 television service, said sum to be determined in accordance
13 with the provisions of subparagraphs (c) and (d) hereof, and
14 provided further that the cable television franchisee
15 installing such cable television facilities shall agree to
16 indemnify the owner of such building for any damage caused by
17 the installation, operation or removal of such cable
18 television facilities and service.
19 No community antenna television company shall install
20 cable television facilities within a residential building
21 pursuant to this subparagraph (a) unless an occupant, tenant
22 or lessee of such residential building requests the delivery
23 of cable television services. In any instance in which a
24 request for service is made by more than 3 occupants, tenants
25 or lessees of a residential building, the community antenna
26 television company may install cable television facilities
27 throughout the building in a manner which enables the
28 community antenna television company to provide cable
29 television services to occupants, tenants or lessees of other
30 residential units without requiring the installation of
31 additional cable television facilities other than within the
32 residential units occupied by such other occupants, tenants
33 or lessees.
34 (b) In any instance in which a municipality has (i)
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1 granted a franchise to any community antenna television
2 company or (ii) decided for the municipality itself to
3 construct, operate or maintain a cable television system
4 within a designated area, no property owner, condominium
5 association, managing agent, lessee or other person in
6 possession and control of any improved or unimproved real
7 estate located within such designated area shall forbid or
8 prevent such cable television franchisee or municipality from
9 entering upon such real estate for the purpose of and in
10 connection with the construction or installation of such
11 cable television system and cable television facilities, nor
12 shall any such property owner, condominium association,
13 managing agent, lessee or other person in possession or
14 control of such real estate forbid or prevent such cable
15 television franchisee or municipality from constructing or
16 installing upon, beneath or over such real estate, including
17 any buildings or other structures located thereon, hardware,
18 cable, equipment, materials or other cable television
19 facilities utilized by such cable franchisee or municipality
20 in the construction and installation of such cable television
21 system; provided, however, that the owner of any such real
22 estate may require, in exchange and as compensation for
23 permitting the construction or installation of cable
24 television facilities upon, beneath or over such real estate,
25 the payment of just compensation by the cable television
26 franchisee which provides such cable television service, said
27 sum to be determined in accordance with the provisions of
28 subparagraphs (c) and (d) hereof, and provided further that
29 the cable television franchisee constructing or installing
30 such cable television facilities shall agree to indemnify the
31 owner of such real estate for any damage caused by the
32 installation, operation or removal of such cable television
33 facilities and service.
34 (c) In any instance in which the owner of a residential
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1 building or the owner of improved or unimproved real estate
2 intends to require the payment of just compensation in excess
3 of $1 in exchange for permitting the installation of cable
4 television facilities in and upon such building, or upon,
5 beneath or over such real estate, the owner shall serve
6 written notice thereof upon the cable television franchisee.
7 Any such notice shall be served within 20 days of the date on
8 which such owner is notified of the cable television
9 franchisee's intention to construct or install cable
10 television facilities in and upon such building, or upon,
11 beneath or over such real estate. Unless timely notice as
12 herein provided is given by the owner to the cable television
13 franchisee, it will be conclusively presumed that the owner
14 of any such building or real estate does not claim or intend
15 to require a payment of more than $1 in exchange and as just
16 compensation for permitting the installation of cable
17 television facilities within and upon such building, or upon,
18 beneath or over such real estate. In any instance in which a
19 cable television franchisee intends to install cable
20 television facilities as herein provided, written notice of
21 such intention shall be sent by the cable television
22 franchisee to the property owner or to such person,
23 association or managing agent as shall have been appointed or
24 otherwise designated to manage or operate the property. Such
25 notice shall include the address of the property, the name of
26 the cable television franchisee, and information as to the
27 time within which the owner may give notice, demand payment
28 as just compensation and initiate legal proceedings as
29 provided in this subparagraph (c) and subparagraph (d). In
30 any instance in which a community antenna television company
31 intends to install cable television facilities within a
32 residential building containing 12 or more residential units,
33 the written notice shall further provide that the property
34 owner may require that the community antenna television
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1 company submit to the owner written plans identifying the
2 manner in which cable television facilities are to be
3 installed, including the proposed location of coaxial cable.
4 Approval of such plans by the property owner shall not be
5 unreasonably withheld and such owners' consent to and
6 approval of such plans shall be presumed unless, within 30
7 days after receipt thereof, or in the case of a condominium
8 association, 90 days after receipt thereof, the property
9 owner identifies in writing the specific manner in which such
10 plans deviate from generally accepted construction or safety
11 standards, and unless the property owner contemporaneously
12 submits an alternative construction plan providing for the
13 installation of cable television facilities in an
14 economically feasible manner. The community antenna
15 television company may proceed with the plans originally
16 submitted if an alternative plan is not submitted by the
17 property owner within 30 days, or in the case of a
18 condominium association, 90 days, or if an alternative plan
19 submitted by the property owner fails to comply with
20 generally accepted construction and safety standards or does
21 not provide for the installation of cable television
22 facilities in an economically feasible manner.
23 (d) Any owner of a residential building described in
24 subparagraph (a), and any owner of improved or unimproved
25 real estate described in subparagraph (b), who shall have
26 given timely written notice to the cable television
27 franchisee as provided in subparagraph (c), may assert a
28 claim for just compensation in excess of $1 for permitting
29 the installation of cable television facilities within and
30 upon such building, or upon, beneath or over such real
31 estate. Within 30 days after notice has been given in
32 accordance with subparagraph (c), the owner shall advise the
33 cable television franchisee in writing of the amount claimed
34 as just compensation. If within 60 days after the receipt of
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1 the owner's claim, the cable television franchisee has not
2 agreed to pay the amount claimed or some other amount
3 acceptable to the owner, the owner may bring suit to enforce
4 such claim for just compensation in any court of competent
5 jurisdiction and, upon timely demand, may require that the
6 amount of just compensation be determined by a jury. Any such
7 action shall be commenced within 6 months of the notice given
8 by the cable television franchisee pursuant to subparagraph
9 (c) hereof. In any action brought to determine such amount,
10 the owner may submit evidence of a decrease in the fair
11 market value of the property occasioned by the installation
12 or location of the cable on the property, that the owner has
13 a specific alternative use for the space occupied by cable
14 television facilities, the loss of which will result in a
15 monetary loss to the owner, or that installation of cable
16 television facilities within and upon such building or upon,
17 beneath or over such real estate otherwise substantially
18 interferes with the use and occupancy of such building to an
19 extent which causes a decrease in the fair market value of
20 such building or real estate.
21 (e) Neither the giving of a notice by the owner under
22 subparagraph (c), nor the assertion of a specific claim, nor
23 the initiation of legal action to enforce such claim, as
24 provided under subparagraph (d), shall delay or impair the
25 right of the cable television franchisee to construct or
26 install cable television facilities and maintain cable
27 television services within or upon any building described in
28 subsection subparagraph (a) or upon, beneath, or over real
29 estate described in subsection subparagraph (b), except as
30 otherwise provided in this subsection. A cable television
31 franchisee or a municipality that has decided to construct,
32 operate, or maintain a cable television system shall not
33 begin constructing or installing cable television facilities
34 and services upon, beneath, or over real estate with
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1 manufactured housing, mobile home parks, or manufactured
2 housing subdivisions until the franchisee or municipality and
3 the owner of the real estate have agreed on just compensation
4 or just compensation has been determined by a court of
5 competent jurisdiction in accordance with subsections (c) and
6 (d). After just compensation has been agreed to or
7 determined by a court of competent jurisdiction the
8 franchisee or the municipality has the right to construct or
9 install cable television facilities and maintain cable
10 television services within or upon any building described in
11 subsection (a) or upon, beneath, or over real estate with
12 manufactured housing, mobile home parks, or manufactured
13 housing subdivisions described in subsection (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,
-17- LRB9003181DNmbam03
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
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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
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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
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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 In addition to such other notices as may be required by
12 this subparagraph (f), a community antenna television company
13 or municipality shall not enter upon the real estate or
14 rights of way of any public utility, railroad or pipeline
15 owner or operator for the purposes of above-ground
16 maintenance or repair of its television cable facilities
17 without giving 96 hours prior written notice to the
18 registered agent of the public utility, railroad or pipeline
19 owner or operator involved, or in the case of a public
20 utility, notice may be given through the statewide one-call
21 notice system provided for by General Order of the Illinois
22 Commerce Commission or, if in Chicago, through the system
23 known as the Chicago Utility Alert Network.
24 (Source: P.A. 86-820; 86-1410.)".