Public Act 93-0219

SB886 Enrolled                       LRB093 08261 BDD 08474 b

    AN ACT concerning cable television.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The Counties  Code  is  amended  by  changing
Section 5-1096 as follows:

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

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

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