State of Illinois
92nd General Assembly
Legislation

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[ House Amendment 001 ]


92_HB1909

 
                                               LRB9205382MWdv

 1        AN ACT in relation to 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 5-1095 as follows:

 6        (55 ILCS 5/5-1095) (from Ch. 34, par. 5-1095)
 7        Sec.   5-1095.   Community  antenna  television  systems;
 8    satellite transmitted television programming.
 9        (a)  The County Board may license, tax or  franchise  the
10    business  of  operating a community antenna television system
11    or systems within the County and outside of  a  municipality,
12    as defined in Section 1-1-2 of the Illinois Municipal Code.
13        When  an  area is annexed to a municipality, the annexing
14    municipality shall thereby become the  franchising  authority
15    with  respect  to  that  portion  of  any  community  antenna
16    television  system  that,  immediately before annexation, had
17    provided cable television services within  the  annexed  area
18    under  a  franchise  granted  by the county, and the owner of
19    that community antenna television  system  shall  thereby  be
20    authorized  to  provide  cable television services within the
21    annexed area under the terms and provisions of  the  existing
22    franchise.   In  that instance, the franchise shall remain in
23    effect until, by its  terms,  it  expires,  except  that  any
24    franchise  fees  payable under the franchise shall be payable
25    only to the county for a period of 5 years or until,  by  its
26    terms,  the franchise expires, whichever occurs first.  After
27    the 5 year period,  any  franchise  fees  payable  under  the
28    franchise shall be paid to the annexing municipality.  In any
29    instance   in  which  a  duly  franchised  community  antenna
30    television system  is  providing  cable  television  services
31    within  the  annexing municipality at the time of annexation,
 
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 1    the annexing  municipality  may  permit  that  franchisee  to
 2    extend its community antenna television system to the annexed
 3    area  under  terms and conditions that are no more burdensome
 4    nor less favorable to  that  franchisee  than  those  imposed
 5    under  any  community antenna television franchise applicable
 6    to  the  annexed  area  at  the  time  of  annexation.    The
 7    authorization to  extend  cable  television  service  to  the
 8    annexed  area  and  any  community  antenna television system
 9    authorized to provide cable television  services  within  the
10    annexed  area  at the time of annexation shall not be subject
11    to the provisions of subsection (e) of this Section.
12        (b)  "Community antenna television  system"  as  used  in
13    this  Section,  means  any  facility  which is constructed in
14    whole or in part in, on, under or over any highway  or  other
15    public  place  and  which is operated to perform for hire the
16    service of receiving and amplifying the signals broadcast  by
17    one  or  more  television  stations  and  redistributing such
18    signals by wire, cable or  other  means  to  members  of  the
19    public  who  subscribe  to such service except that such term
20    does not include (i) any system which serves  fewer  than  50
21    subscribers   or  (ii)  any  system  which  serves  only  the
22    residents of one or more  apartment  dwellings  under  common
23    ownership,    control    or    management,   and   commercial
24    establishments located on the premises of such dwellings.
25        (c)  The authority hereby granted does  not  include  the
26    authority to license or franchise telephone companies subject
27    to  the  jurisdiction  of the Illinois Commerce Commission or
28    the Federal  Communications  Commission  in  connection  with
29    furnishing circuits, wires, cables or other facilities to the
30    operator of a community antenna television system.
31        The  County  Board may, in the course of franchising such
32    community antenna television system, grant to such franchisee
33    the authority and the right and permission to use all  public
34    streets,  rights  of  way,  alleys,  ways  for public service
 
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 1    facilities, parks,  playgrounds,  school  grounds,  or  other
 2    public  grounds,  in  which such county may have an interest,
 3    for the construction, installation,  operation,  maintenance,
 4    alteration, addition, extension or improvement of a community
 5    antenna television system.
 6        Any  charge  imposed  by  a  community antenna television
 7    system franchised pursuant to this Section for the raising or
 8    removal of cables or lines to permit passage on, to or from a
 9    street  shall  not  exceed  the  reasonable  costs  of   work
10    reasonably necessary to safely permit such passage.  Pursuant
11    to subsections (h) and (i) of Section 6 of Article VII of the
12    Constitution  of  the State of Illinois, the General Assembly
13    declares the regulation of charges which may  be  imposed  by
14    community  antenna  television  systems  for  the  raising or
15    removal of cables or lines to permit passage on, to  or  from
16    streets is a power or function to be exercised exclusively by
17    the  State  and not to be exercised or performed concurrently
18    with the State by any unit of local government, including any
19    home rule unit.
20        The  County  Board  may,  upon  written  request  by  the
21    franchisee of a community antenna television system, exercise
22    its right  of  eminent  domain  solely  for  the  purpose  of
23    granting  an  easement right no greater than 8 feet in width,
24    extending no greater than 8 feet from any lot  line  for  the
25    purpose  of  extending cable across any parcel of property in
26    the manner  provided  for  by  the  law  of  eminent  domain,
27    provided,  however,  such franchisee deposits with the county
28    sufficient security to pay all costs incurred by  the  county
29    in the exercise of its right of eminent domain.
30        Except   as   specifically  provided  otherwise  in  this
31    Section, this Section is not a limitation on  any  home  rule
32    county.
33        (d)  The   General   Assembly  finds  and  declares  that
34    satellite-transmitted  television   programming   should   be
 
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 1    available   to   those   who  desire  to  subscribe  to  such
 2    programming and that decoding devices should be obtainable at
 3    reasonable  prices  by  those  who  are  unable   to   obtain
 4    satellite-transmitted  television  programming  through  duly
 5    franchised community antenna television systems.
 6        In  any  instance  in  which a person is unable to obtain
 7    satellite-transmitted television programming through  a  duly
 8    franchised community antenna television system either because
 9    the  municipality and county in which such person resides has
10    not granted a franchise to operate and maintain  a  community
11    antenna  television  system,  or  because the duly franchised
12    community antenna television system operator  does  not  make
13    cable  television  services  available  to  such  person, any
14    programming  company  that   delivers   satellite-transmitted
15    television  programming  in scrambled or encrypted form shall
16    ensure that devices for decryption of  such  programming  are
17    made  available  to  such person, through the local community
18    antenna television operator  or  directly,  for  purchase  or
19    lease at prices reasonably related to the cost of manufacture
20    and distribution of such devices.
21        (e)  The  General  Assembly  finds  and declares that, in
22    order to ensure that community  antenna  television  services
23    are  provided  in  an  orderly,  competitive and economically
24    sound manner, the best interests of the public will be served
25    by  the  establishment  of  certain  minimum  standards   and
26    procedures  for  the  granting of additional cable television
27    franchises.
28        Subject  to  the  provisions  of  this  subsection,   the
29    authority  granted  under subsection (a) hereof shall include
30    the authority to license, franchise and  tax  more  than  one
31    cable   operator  to  provide  community  antenna  television
32    services  within  the  territorial   limits   of   a   single
33    franchising  authority.  For purposes of this subsection (e),
34    the term:
 
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 1             (i)  "Existing cable television franchise"  means  a
 2        community  antenna  television  franchise  granted  by  a
 3        county  which  is in use at the time such county receives
 4        an application or request by another cable operator for a
 5        franchise to provide cable  antenna  television  services
 6        within  all  or any portion of the territorial area which
 7        is or may be served under the existing  cable  television
 8        franchise.
 9             (ii)  "Additional  cable television franchise" means
10        a  franchise  pursuant   to   which   community   antenna
11        television   services   may   be   provided   within  the
12        territorial areas, or any portion thereof, which  may  be
13        served under an existing cable television franchise.
14             (iii)  "Franchising  Authority"  is  defined as that
15        term  is  defined  under  Section  602(9)  of  the  Cable
16        Communications Policy Act of 1984, Public Law 98-549.
17             (iv)  "Cable operator" is defined as  that  term  is
18        defined  under Section 602(4) of the Cable Communications
19        Policy Act of 1984, Public Law 98-549.
20        Before granting an additional cable television franchise,
21    the franchising authority shall:
22             (1)  Give written notice to the owner or operator of
23        any other community antenna television system  franchised
24        to serve all or any portion of the territorial area to be
25        served  by  such  additional  cable television franchise,
26        identifying the applicant for such  additional  franchise
27        and  specifying  the  date,  time  and place at which the
28        franchising authority shall conduct  public  hearings  to
29        consider  and  determine  whether  such  additional cable
30        television franchise should be granted.
31             (2)  Conduct  a  public  hearing  to  determine  the
32        public  need  for  such   additional   cable   television
33        franchise,   the  capacity  of  public  rights-of-way  to
34        accommodate such additional community antenna  television
 
                            -6-                LRB9205382MWdv
 1        services,  the  potential disruption to existing users of
 2        public  rights-of-way  to  be  used  by  such  additional
 3        franchise  applicant  to  complete  construction  and  to
 4        provide cable television  services  within  the  proposed
 5        franchise  area,  the  long  term economic impact of such
 6        additional cable television system within the  community,
 7        and such other factors as the franchising authority shall
 8        deem appropriate.
 9             (3)  Determine,  based  upon  the foregoing factors,
10        whether it is in the best interest of the county to grant
11        such additional cable television franchise.
12             (4)  If the franchising  authority  shall  determine
13        that  it  is in the best interest of the county to do so,
14        it may grant the additional cable  television  franchise.
15        Except  as  provided  in paragraph (5) of this subsection
16        (e), no such additional cable television franchise  shall
17        be  granted  under  terms or conditions more favorable or
18        less burdensome to  the  applicant  than  those  required
19        under  the existing cable television franchise, including
20        but not limited to terms and conditions pertaining to the
21        territorial  extent  of  the  franchise,  system  design,
22        technical performance standards, construction  schedules,
23        performance   bonds,   standards   for  construction  and
24        installation of cable television facilities,  service  to
25        subscribers,  public  educational and governmental access
26        channels   and   programming,   production    assistance,
27        liability and indemnification, and franchise fees.
28             (5)  Unless  the existing cable television franchise
29        provides that any additional cable  television  franchise
30        shall  be  subject  to  the  same  terms or substantially
31        equivalent terms and conditions as those of the  existing
32        cable television franchise, the franchising authority may
33        grant  an  additional  cable  television  franchise under
34        different terms and conditions than those of the existing
 
                            -7-                LRB9205382MWdv
 1        franchise, in which event the franchising authority shall
 2        enter into good  faith  negotiations  with  the  existing
 3        franchisee and shall, within 120 days after the effective
 4        date of the additional cable television franchise, modify
 5        the  existing  cable television franchise in a manner and
 6        to the  extent  necessary  to  ensure  that  neither  the
 7        existing  cable  television  franchise nor the additional
 8        cable  television  franchise,  each  considered  in   its
 9        entirety,  provides  a  competitive  advantage  over  the
10        other,  provided  that  prior  to  modifying the existing
11        cable television  franchise,  the  franchising  authority
12        shall  have  conducted  a  public hearing to consider the
13        proposed modification.   No modification in the terms and
14        conditions of the  existing  cable  television  franchise
15        shall oblige the existing cable television franchisee (1)
16        to   make  any  additional  payment  to  the  franchising
17        authority,  including  the  payment  of  any   additional
18        franchise   fee,   (2)   to   engage  in  any  additional
19        construction of the existing cable television system  or,
20        (3)  to  modify  the  specifications  or  design  of  the
21        existing  cable  television  system; and the inclusion of
22        the factors identified in items (2) and (3) shall not  be
23        considered   in   determining  whether  either  franchise
24        considered in its entirety, has a  competitive  advantage
25        over  the  other except to the extent that the additional
26        franchisee provides additional video or data services  or
27        the  equipment or facilities necessary to generate and or
28        carry such service.   No modification in  the  terms  and
29        conditions  of  the  existing  cable television franchise
30        shall be made if the existing cable television franchisee
31        elects  to  continue  to  operate  under  all  terms  and
32        conditions of the existing franchise.
33             If  within  the  120  day  period  the   franchising
34        authority  and  the  existing cable television franchisee
 
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 1        are unable to reach agreement  on  modifications  to  the
 2        existing cable television franchise, then the franchising
 3        authority  shall  modify  the  existing  cable television
 4        franchise, effective 45 days thereafter, in a manner, and
 5        only to the extent, that the terms and conditions of  the
 6        existing  cable  television  franchise  shall  no  longer
 7        impose  any duty or obligation on the existing franchisee
 8        which is not also  imposed  under  the  additional  cable
 9        television franchise; however, if by the modification the
10        existing  cable  television  franchisee  is  relieved  of
11        duties  or  obligations  not imposed under the additional
12        cable television franchise, then within the same 45  days
13        and following a public hearing concerning modification of
14        the  additional cable television franchise within that 45
15        day period, the franchising authority  shall  modify  the
16        additional  cable  television  franchise  to  the  extent
17        necessary  to  insure  that  neither  the  existing cable
18        television franchise nor the additional cable  television
19        franchise,  each considered in its entirety, shall have a
20        competitive advantage over the other.
21        No county shall be subject to suit for damages based upon
22    the county's determination to grant or its refusal  to  grant
23    an  additional  cable  television  franchise, provided that a
24    public hearing as herein  provided  has  been  held  and  the
25    franchising  authority  has determined that it is in the best
26    interest of the county to  grant  or  refuse  to  grant  such
27    additional franchise, as the case may be.
28        It  is  declared to be the law of this State, pursuant to
29    paragraphs (h) and (i) of Section 6 of  Article  VII  of  the
30    Illinois  Constitution,  that  the  establishment  of minimum
31    standards and procedures for the granting of additional cable
32    television franchises as provided in this subsection  (e)  is
33    an  exclusive  State  power  and  function  that  may  not be
34    exercised concurrently by a home rule unit.
 
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 1        (f)  If the county has granted a franchise to a community
 2    antenna television company under this Section, the  community
 3    antenna  television  company  may  not impose a rate increase
 4    unless the company has given its customers not less  than  60
 5    day's  notice of the increase. The notice must be included in
 6    the billing statement. A community antenna television company
 7    that has been granted a franchise  under  this  Section  must
 8    maintain  a toll-free telephone number in order to respond to
 9    customer questions regarding  the  increase.   The  telephone
10    number  must be provided to customers at the same time as the
11    notice of the rate increase.
12    (Source: P.A. 90-14, eff. 7-1-97; 90-285, eff. 7-31-97.)

13        Section 10.  The Illinois Municipal Code  is  amended  by
14    changing Section 11-42-11 as follows:

15        (65 ILCS 5/11-42-11) (from Ch. 24, par. 11-42-11)
16        Sec.  11-42-11.   Community  antenna  television systems;
17    satellite transmitted television programming.
18        (a)  The corporate authorities of each  municipality  may
19    license,  franchise  and  tax  the  business  of  operating a
20    community antenna television system as  hereinafter  defined.
21    In  municipalities  with less than 2,000,000 inhabitants, the
22    corporate authorities may, under  the  limited  circumstances
23    set  forth  in  this  Section,  own  (or lease as lessee) and
24    operate a community antenna television system; provided  that
25    a  municipality may not acquire, construct, own, or operate a
26    community antenna television system for the use or benefit of
27    private consumers or users, and may not charge a fee for that
28    consumption  or  use,  unless  the  proposition  to  acquire,
29    construct, own, or operate a cable antenna television  system
30    has  been  submitted  to  and approved by the electors of the
31    municipality  in  accordance  with  subsection  (f).   Before
32    acquiring,   constructing,   or  commencing  operation  of  a
 
                            -10-               LRB9205382MWdv
 1    community antenna television system, the  municipality  shall
 2    comply with the following:
 3             (1)  Give written notice to the owner or operator of
 4        any  other community antenna television system franchised
 5        to serve all or any portion of the territorial area to be
 6        served by the municipality's community antenna television
 7        system, specifying the date, time, and place at which the
 8        municipality shall conduct public  hearings  to  consider
 9        and  determine  whether  the municipality should acquire,
10        construct, or commence operation of a  community  antenna
11        television   system.    The   public  hearings  shall  be
12        conducted at least 14 days after this notice is given.
13             (2)  Publish a notice of the hearing in  2  or  more
14        newspapers   published  in  the  county,  city,  village,
15        incorporated town, or town, as the case may be.  If there
16        is no such newspaper, then notice shall be  published  in
17        any  2  or  more  newspapers  published in the county and
18        having a general circulation  throughout  the  community.
19        The  public  hearings shall be conducted at least 14 days
20        after this notice is given.
21             (3)  Conduct a public hearing to determine the means
22        by which construction, maintenance, and operation of  the
23        system will be financed, including whether the use of tax
24        revenues or other fees will be required.
25        (b)  The  words  "community  antenna  television  system"
26    shall  mean  any facility which is constructed in whole or in
27    part in, on, under or over any highway or other public  place
28    and  which  is  operated  to  perform for hire the service of
29    receiving and amplifying the signals broadcast by one or more
30    television stations and redistributing such signals by  wire,
31    cable  or  other means to members of the public who subscribe
32    to such  service;  except  that  such  definition  shall  not
33    include   (i)  any  system  which  serves  fewer  than  fifty
34    subscribers,  or  (ii)  any  system  which  serves  only  the
 
                            -11-               LRB9205382MWdv
 1    residents of one or more  apartment  dwellings  under  common
 2    ownership,    control    or    management,   and   commercial
 3    establishments located on the premises of such dwellings.
 4        (c)  The  authority  hereby  granted  does  not   include
 5    authority  to  license,  franchise or tax telephone companies
 6    subject to jurisdiction of the Illinois  Commerce  Commission
 7    or  the  Federal Communications Commission in connection with
 8    the  furnishing  of  circuits,  wires,  cables,   and   other
 9    facilities  to the operator of a community antenna television
10    system.
11        The corporate authorities of each  municipality  may,  in
12    the  course  of franchising such community antenna television
13    system, grant to such franchisee the authority and the  right
14    and  permission  to  use  all  public streets, rights of way,
15    alleys,  ways   for   public   service   facilities,   parks,
16    playgrounds,  school  grounds,  or  other  public grounds, in
17    which  such  municipality  may  have  an  interest,  for  the
18    construction,    installation,    operation,     maintenance,
19    alteration, addition, extension or improvement of a community
20    antenna television system.
21        Any  charge  imposed  by  a  community antenna television
22    system franchised pursuant to this Section for the raising or
23    removal of cables or lines to permit passage on, to or from a
24    street  shall  not  exceed  the  reasonable  costs  of   work
25    reasonably necessary to safely permit such passage.  Pursuant
26    to subsections (h) and (i) of Section 6 of Article VII of the
27    Constitution  of  the State of Illinois, the General Assembly
28    declares the regulation of charges which may  be  imposed  by
29    community  antenna  television  systems  for  the  raising or
30    removal of cables or lines to permit passage on, to  or  from
31    streets is a power or function to be exercised exclusively by
32    the  State  and not to be exercised or performed concurrently
33    with the State by any unit of local government, including any
34    home rule unit.
 
                            -12-               LRB9205382MWdv
 1        The  municipality  may,  upon  written  request  by   the
 2    franchisee of a community antenna television system, exercise
 3    its  right  of  eminent  domain  solely  for  the  purpose of
 4    granting an easement right no greater than 8 feet  in  width,
 5    extending  no  greater  than 8 feet from any lot line for the
 6    purpose of extending cable across any parcel of  property  in
 7    the  manner  provided by the law of eminent domain, provided,
 8    however,  such  franchisee  deposits  with  the  municipality
 9    sufficient  security  to  pay  all  costs  incurred  by   the
10    municipality in the exercise of its right of eminent domain.
11        (d)  The   General   Assembly  finds  and  declares  that
12    satellite-transmitted  television   programming   should   be
13    available   to   those   who  desire  to  subscribe  to  such
14    programming and that decoding devices should be obtainable at
15    reasonable  prices  by  those  who  are  unable   to   obtain
16    satellite-transmitted  television  programming  through  duly
17    franchised community antenna television systems.
18        In  any  instance  in  which a person is unable to obtain
19    satellite-transmitted television programming through  a  duly
20    franchised community antenna television system either because
21    the  municipality and county in which such person resides has
22    not granted a franchise to operate and maintain  a  community
23    antenna  television  system,  or  because the duly franchised
24    community antenna television system operator  does  not  make
25    cable  television  services  available  to  such  person, any
26    programming  company  that   delivers   satellite-transmitted
27    television  programming  in scrambled or encrypted form shall
28    ensure that devices for description of such  programming  are
29    made  available  to  such person, through the local community
30    antenna television operator  or  directly,  for  purchase  or
31    lease at prices reasonably related to the cost of manufacture
32    and distribution of such devices.
33        (e)  The  General  Assembly  finds  and declares that, in
34    order to ensure that community  antenna  television  services
 
                            -13-               LRB9205382MWdv
 1    are  provided  in  an  orderly,  competitive and economically
 2    sound manner, the best interests of the public will be served
 3    by  the  establishment  of  certain  minimum  standards   and
 4    procedures  for  the  granting of additional cable television
 5    franchises.
 6        Subject  to  the  provisions  of  this  subsection,   the
 7    authority  granted  under subsection (a) hereof shall include
 8    the authority to license, franchise and  tax  more  than  one
 9    cable   operator  to  provide  community  antenna  television
10    services within the corporate limits of a single  franchising
11    authority.  For purposes of this subsection (e), the term:
12             (i)  "Existing  cable  television franchise" means a
13        community  antenna  television  franchise  granted  by  a
14        municipality  which  is  in  use   at   the   time   such
15        municipality   receives  an  application  or  request  by
16        another cable operator for a franchise to  provide  cable
17        antenna  television services within all or any portion of
18        the territorial area which is or may be served under  the
19        existing cable television franchise.
20             (ii)  "Additional  cable television franchise" means
21        a  franchise  pursuant   to   which   community   antenna
22        television   services   may   be   provided   within  the
23        territorial areas, or any portion thereof, which  may  be
24        served under an existing cable television franchise.
25             (iii)  "Franchising  Authority"  is  defined as that
26        term  is  defined  under  Section  602(9)  of  the  Cable
27        Communications Policy Act of 1984, Public Law 98-549, but
28        does not include any municipality with  a  population  of
29        1,000,000 or more.
30             (iv)  "Cable  operator"  is  defined as that term is
31        defined under Section 602(4) of the Cable  Communications
32        Policy Act of 1984, Public Law 98-549.
33        Before granting an additional cable television franchise,
34    the franchising authority shall:
 
                            -14-               LRB9205382MWdv
 1             (1)  Give written notice to the owner or operator of
 2        any  other community antenna television system franchised
 3        to serve all or any portion of the territorial area to be
 4        served by such  additional  cable  television  franchise,
 5        identifying  the  applicant for such additional franchise
 6        and specifying the date, time  and  place  at  which  the
 7        franchising  authority  shall  conduct public hearings to
 8        consider and  determine  whether  such  additional  cable
 9        television franchise should be granted.
10             (2)  Conduct  a  public  hearing  to  determine  the
11        public   need   for   such  additional  cable  television
12        franchise,  the  capacity  of  public  rights-of-way   to
13        accommodate  such additional community antenna television
14        services, the potential disruption to existing  users  of
15        public  rights-of-way  to  be  used  by  such  additional
16        franchise  applicant  to  complete  construction  and  to
17        provide  cable  television  services  within the proposed
18        franchise area, the long term  economic  impact  of  such
19        additional  cable television system within the community,
20        and such other factors as the franchising authority shall
21        deem appropriate.
22             (3)  Determine, based upon  the  foregoing  factors,
23        whether it is in the best interest of the municipality to
24        grant such additional cable television franchise.
25             (4)  If  the  franchising  authority shall determine
26        that it is in the best interest of the municipality to do
27        so,  it  may  grant  the  additional   cable   television
28        franchise.   Except  as provided in paragraph (5) of this
29        subsection  (e),  no  such  additional  cable  television
30        franchise shall be granted under terms or conditions more
31        favorable or less burdensome to the applicant than  those
32        required  under  the existing cable television franchise,
33        including  but  not  limited  to  terms  and   conditions
34        pertaining  to  the  territorial extent of the franchise,
 
                            -15-               LRB9205382MWdv
 1        system   design,   technical    performance    standards,
 2        construction  schedules, performance bonds, standards for
 3        construction  and  installation   of   cable   television
 4        facilities,  service  to  subscribers, public educational
 5        and  governmental  access   channels   and   programming,
 6        production assistance, liability and indemnification, and
 7        franchise fees.
 8             (5)  Unless  the existing cable television franchise
 9        provides that any additional cable  television  franchise
10        shall  be  subject  to  the  same  terms or substantially
11        equivalent terms and conditions as those of the  existing
12        cable television franchise, the franchising authority may
13        grant  an  additional  cable  television  franchise under
14        different terms and conditions than those of the existing
15        franchise, in which event the franchising authority shall
16        enter into good  faith  negotiations  with  the  existing
17        franchisee and shall, within 120 days after the effective
18        date of the additional cable television franchise, modify
19        the  existing  cable television franchise in a manner and
20        to the  extent  necessary  to  ensure  that  neither  the
21        existing  cable  television  franchise nor the additional
22        cable  television  franchise,  each  considered  in   its
23        entirety,  provides  a  competitive  advantage  over  the
24        other,  provided  that  prior  to  modifying the existing
25        cable television  franchise,  the  franchising  authority
26        shall  have  conducted  a  public hearing to consider the
27        proposed modification.   No modification in the terms and
28        conditions of the  existing  cable  television  franchise
29        shall oblige the existing cable television franchisee (1)
30        to   make  any  additional  payment  to  the  franchising
31        authority,  including  the  payment  of  any   additional
32        franchise   fee,   (2)   to   engage  in  any  additional
33        construction of the existing cable television system  or,
34        (3)  to  modify  the  specifications  or  design  of  the
 
                            -16-               LRB9205382MWdv
 1        existing  cable  television  system; and the inclusion of
 2        the factors identified in items (2) and (3) shall not  be
 3        considered   in   determining  whether  either  franchise
 4        considered in its entirety, has a  competitive  advantage
 5        over  the  other except to the extent that the additional
 6        franchisee provides additional video or data services  or
 7        the  equipment or facilities necessary to generate and or
 8        carry such service.   No modification in  the  terms  and
 9        conditions  of  the  existing  cable television franchise
10        shall be made if the existing cable television franchisee
11        elects  to  continue  to  operate  under  all  terms  and
12        conditions of the existing franchise.
13             If  within  the  120  day  period  the   franchising
14        authority  and  the  existing cable television franchisee
15        are unable to reach agreement  on  modifications  to  the
16        existing cable television franchise, then the franchising
17        authority  shall  modify  the  existing  cable television
18        franchise, effective 45 days thereafter, in a manner, and
19        only to the extent, that the terms and conditions of  the
20        existing  cable  television  franchise  shall  no  longer
21        impose  any duty or obligation on the existing franchisee
22        which is not also  imposed  under  the  additional  cable
23        television franchise; however, if by the modification the
24        existing  cable  television  franchisee  is  relieved  of
25        duties  or  obligations  not imposed under the additional
26        cable television franchise, then within the same 45  days
27        and following a public hearing concerning modification of
28        the  additional cable television franchise within that 45
29        day period, the franchising authority  shall  modify  the
30        additional  cable  television  franchise  to  the  extent
31        necessary  to  insure  that  neither  the  existing cable
32        television franchise nor the additional cable  television
33        franchise,  each considered in its entirety, shall have a
34        competitive advantage over the other.
 
                            -17-               LRB9205382MWdv
 1        No municipality shall be  subject  to  suit  for  damages
 2    based  upon  the municipality's determination to grant or its
 3    refusal to grant an additional  cable  television  franchise,
 4    provided  that  a  public hearing as herein provided has been
 5    held and the franchising authority has determined that it  is
 6    in  the  best interest of the municipality to grant or refuse
 7    to grant such additional franchise, as the case may be.
 8        It is declared to be the law of this State,  pursuant  to
 9    paragraphs  (h)  and  (i)  of Section 6 of Article VII of the
10    Illinois Constitution,  that  the  establishment  of  minimum
11    standards and procedures for the granting of additional cable
12    television  franchises  by  municipalities  with a population
13    less than 1,000,000 as provided in this subsection (e) is  an
14    exclusive  State power and function that may not be exercised
15    concurrently by a home rule unit.
16        (f)  No municipality  may  acquire,  construct,  own,  or
17    operate  a  community  antenna  television  system unless the
18    corporate authorities adopt an ordinance.  The ordinance must
19    set forth the action proposed; describe the plant, equipment,
20    and property to be acquired or constructed; and  specifically
21    describe  the  manner in which the construction, acquisition,
22    and operation of the system will be financed.
23        The ordinance may not take effect until the  question  of
24    acquiring,  construction,  owning,  or  operating a community
25    antenna television system has been submitted to the  electors
26    of  the  municipality at a regular election and approved by a
27    majority  of  the  electors  voting  on  the  question.   The
28    corporate authorities must certify the question to the proper
29    election authority, which must  submit  the  question  at  an
30    election in accordance with the Election Code.
31        The  question  must  be  submitted  in  substantially the
32    following form:
33             Shall the ordinance authorizing the municipality  to
34        (insert action authorized by ordinance) take effect?
 
                            -18-               LRB9205382MWdv
 1    The votes must be recorded as "Yes" or "No".
 2        If  a majority of electors voting on the question vote in
 3    the affirmative, the ordinance shall take effect.
 4        Not more than 30 or less than 15 days before the date  of
 5    the   referendum,   the  municipal  clerk  must  publish  the
 6    ordinance at least once in one or more  newspapers  published
 7    in  the  municipality or, if no newspaper is published in the
 8    municipality,  in  one  or   more   newspapers   of   general
 9    circulation within the municipality.
10        (g)  If  the  municipality  has  granted a franchise to a
11    community antenna television company under this Section,  the
12    community  antenna  television  company may not impose a rate
13    increase unless the company has given its customers not  less
14    than  60  day's  notice  of the increase.  The notice must be
15    included in  the  billing  statement.   A  community  antenna
16    television  company  that  has been granted a franchise under
17    this Section must maintain a toll-free  telephone  number  in
18    order   to   respond  to  customer  questions  regarding  the
19    increase.  The telephone number must be provided to customers
20    at the same time as the notice of the rate increase.
21    (Source: P.A. 90-285, eff. 7-31-97; 91-648, eff. 1-1-00.)

22        Section 99.  Effective date.  This Act takes effect  upon
23    becoming law.

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