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| ARTICLE 10. |
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| Section 10-90. The Public Utilities Act is amended by |
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| changing Sections 13-505.4, 13-701, and 13-1200 as follows:
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| (220 ILCS 5/13-505.4) (from Ch. 111 2/3, par. 13-505.4)
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| (Section scheduled to be repealed on July 1, 2007)
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| Sec. 13-505.4. Provision of noncompetitive services.
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| (a) A telecommunications carrier that offers or provides a
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| noncompetitive service, service element, feature, or |
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| functionality on a
separate, stand-alone basis to any customer |
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| shall provide that service,
service element, feature, or |
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| functionality pursuant to tariff to all
persons, including all |
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| telecommunications carriers and competitors, in
accordance |
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| with the provisions of this Article.
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| (b) A telecommunications carrier that offers or provides a
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| noncompetitive service, service element, feature, or |
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| functionality to any
customer as part of an offering of |
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| competitive services pursuant to tariff
or contract shall |
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| publicly disclose the offering or provisioning of the
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| noncompetitive service, service element, feature, or |
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| functionality by
filing with the Commission information that |
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| generally describes the
offering or provisioning and that shows |
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| the rates, terms, and conditions of
the noncompetitive service, |
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| service element, feature, or functionality.
The information |
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| shall be filed with the Commission concurrently with the
filing |
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| of the tariff or not more than 10 days following the customer's
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| acceptance of the offering in a contract. |
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| (c) A telecommunications carrier that is not subject to |
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| regulation under an alternative regulation plan pursuant to |
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| Section 13-506.1 of this Act may reduce the rate or charge for |
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| a noncompetitive service, service element, feature, or |
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| functionality offered to customers on a separate, stand-alone |
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| basis or as part of a bundled service offering by filing with |
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| the Commission a tariff that shows the reduced rate or charge |
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| and all applicable terms and conditions of the noncompetitive |
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| service, service element, feature, or functionality or bundled |
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| offering. The reduction of rates or charges shall be permitted |
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| upon the filing of the proposed rate, charge, classification, |
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| tariff, or bundled offering. The total price of a bundled |
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| offering shall not attribute any portion of the charge to |
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| services subject to the jurisdiction of the Commission and |
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| shall not be binding on the Commission in any proceeding under |
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| Article IX of this Act to set the revenue requirement or to set |
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| just and reasonable rates for services subject to the |
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| jurisdiction of the Commission. Prices for bundles shall not be |
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| subject to Section 13-505.1 of this Act. For purposes of this |
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| subsection (c), a bundle is a group of services offered |
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| together for a fixed price where at least one of the services |
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| is an interLATA service as that term is defined in 47 U.S.C. |
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| 153(21), a cable service or a video service, a community |
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| antenna television service, a satellite broadcast service, a |
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| public mobile service as defined in Section 13-214 of this Act, |
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| or an advanced telecommunications service as "advanced |
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| telecommunications services" is defined in Section 13-517 of |
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| this Act.
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| (Source: P.A. 87-856 .)
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| (220 ILCS 5/13-701) (from Ch. 111 2/3, par. 13-701)
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| (Section scheduled to be repealed on July 1, 2007)
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| Sec. 13-701. (a) Notwithstanding any other provision of |
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| this Act to the
contrary, the Commission has no power to |
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| supervise or control any telephone
cooperative as respects |
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| assessment schedules or local service rates made or
charged by |
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| such a cooperative on a nondiscriminatory basis. In addition,
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| the Commission has no power to inquire into, or require the |
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| submission of,
the terms, conditions or agreements by or under |
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| which telephone
cooperatives are financed. A telephone |
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| cooperative shall file with the
Commission either a copy of the |
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| annual financial report required by the
Rural Electrification |
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| Administration, or the annual financial report
required of |
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| other public utilities. |
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| Sections 13-712 and 13-713 of this Act do not apply to |
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| telephone cooperatives.
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| (Source: P.A. 84-1063 .)
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| (220 ILCS 5/13-1200)
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| (Section scheduled to be repealed on July 1, 2007)
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| Sec. 13-1200. Repealer. This Article is repealed July 1, |
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| 2009
2007 .
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| (Source: P.A. 94-76, eff. 6-24-05.)
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| ARTICLE 15. |
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| Section 15-5. The Public Utilities Act is amended by adding |
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| the heading of Article XXI and Sections 21-100, 21-101, |
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| 21-101.1, 21-201, 21-301, 21-401, 21-601, 21-701, 21-801, |
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| 21-901, 21-1001, 21-1101, 21-1201, 21-1301, 21-1401, 21-1501, |
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| and 21-1601 as follows: |
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| (220 ILCS 5/Art. XXI heading new)
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| ARTICLE XXI. CABLE AND VIDEO COMPETITION |
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| (220 ILCS 5/21-100 new) |
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| Sec. 21-100. Short title. This Article may be cited as the |
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| Cable and Video Competition Law of 2007. |
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| (220 ILCS 5/21-101 new) |
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| Sec. 21-101. Findings. With respect to cable and video |
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| competition, the General Assembly finds that: |
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| (a) The economy in the State of Illinois will be enhanced |
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| by investment in new communications, cable services and video |
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| services infrastructure, including broadband facilities, fiber |
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| optic, and Internet protocol technologies. |
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| (b) Cable services and video services bring important daily |
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| benefits to Illinois consumers by providing news, education, |
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| and entertainment. |
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| (c) Competitive cable service and video service providers |
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| are capable of providing new video programming services and |
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| competition to Illinois consumers and of decreasing the prices |
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| for video programming services paid by Illinois consumers. |
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| (d) Although there has been some competitive entry into the |
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| facilities-based video programming market since current |
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| franchising requirements in this State were enacted, further |
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| entry by facilities-based providers could benefit consumers, |
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| provided cable and video services are equitably available to |
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| all Illinois consumers at reasonable prices. |
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| (e) The provision of competitive cable services and video |
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| services is a matter of statewide concern that extends beyond |
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| the boundaries of individual local units of government. |
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| Notwithstanding the foregoing, public rights-of-way are |
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| limited resources over which the municipality has a custodial |
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| duty to ensure that they are used, repaired and maintained in a |
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| manner that best serves the public interest. |
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| (f) The State authorization process and uniform standards |
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| and procedures in this Article are intended to enable rapid and |
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| widespread entry by competitive providers which will bring to |
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| Illinois consumers the benefits of video competition including |
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| providing consumers with more choice, lower prices, higher |
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| speed and more advanced Internet access, more diverse and |
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| varied news, public information, education, and entertainment |
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| programming, and will bring to this State and its local units |
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| of government the benefits of new infrastructure investment, |
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| job growth, and innovation in broadband and Internet protocol |
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| technologies and deployment. |
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| (g) Providing an incumbent cable or video service provider |
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| with the option to secure a State-issued authorization through |
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| the termination of existing cable franchises between incumbent |
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| cable and video service providers and any local franchising |
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| authority, is part of the new regulatory framework established |
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| by this Article. This Article is intended to best ensure equal |
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| treatment and parity among providers and technologies. |
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| (220 ILCS 5/21-101.1 new) |
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| Sec. 21-101.1. Applicability. The provisions of this |
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| amendatory Act of the 95th Illinois General Assembly shall |
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| apply only to a holder of a cable service or video service |
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| authorization issued by the Commission pursuant to this Article |
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| XXI of the Public Utilities Act, and shall not apply to any |
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| person or entity that provides cable television services under |
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| a cable television franchise issued by any municipality or |
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| county pursuant to Section 11-42-11 of the Illinois Municipal |
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| Code (65 ILCS 5/11-42-11) or Section 5-1095 of the Counties |
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| Code (55 ILCS 5/5-1095), unless specifically provided for |
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| herein. A local unit of government that has an existing |
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| agreement for the provision of video services with a company or |
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| entity that uses its telecommunications facilities to provide |
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| video service as of May 30, 2007 may continue to operate under |
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| that agreement or may, at its discretion, terminate the |
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| existing agreement and require the video provider to obtain a |
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| State-issued authorization under this Article. |
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| (220 ILCS 5/21-201 new) |
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| Sec. 21-201. Definitions. As used in this Article: |
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| (a) "Access" means that the cable or video provider is |
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| capable of providing cable services or video services at the |
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| household address using any technology, other than |
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| direct-to-home satellite service, which provides two-way |
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| broadband Internet capability and video programming, content, |
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| and functionality, regardless of whether any customer has |
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| ordered service or whether the owner or landlord or other |
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| responsible person has granted access to the household. If more |
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| than one technology is used, the technologies shall provide |
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| similar two-way broadband Internet accessibility and similar |
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| video programming. |
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| (b) "Basic cable or video service" means any cable or video |
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| service offering or tier which includes the retransmission of |
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| local television broadcast signals. |
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| (c) "Broadband service" means a high speed service |
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| connection to the public Internet capable of supporting, in at |
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| least one direction, a speed in excess of 200 kilobits per |
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| second (kbps) to the network demarcation point at the |
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| subscriber's premises. |
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| (d) "Cable operator" means that term as defined in 47 |
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| U.S.C. 522(5). |
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| (e) "Cable service" means that term as defined in 47 U.S.C. |
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| 522(6). |
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| (f) "Cable system" means that term as defined in 47 U.S.C. |
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| 522(7). |
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| (g) "Commission" means the Illinois Commerce Commission. |
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| (h) "Competitive cable service or video service provider" |
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| means a person or entity that is providing or seeks to provide |
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| cable service or video service in an area where there is at |
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| least one incumbent cable operator. |
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| (i)"Designated Market Area" means a designated market |
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| area, as determined by Nielsen Media Research and published in |
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| the 1999-2000 Nielsen Station Index Directory and Nielsen |
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| Station Index United States Television Household Estimates or |
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| any successor publication. For any designated market area that |
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| crosses State lines, only households in the portion of the |
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| designated market area that is located within the holder's |
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| telecommunications service area in the State where access to |
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| video service will be offered shall be considered. |
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| (j) "Footprint" means the geographic area designated by the |
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| cable service or video service provider as the geographic area |
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| in which it will offer cable services or video services during |
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| the period of its State-issued authorization. Each footprint |
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| shall be identified in terms of either (i) exchanges, as that |
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| term is defined in Section 13-206 of the Public Utilities Act; |
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| (ii) a collection of United States Census Bureau Block numbers |
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| (13 digit); (iii) if the area is smaller than the areas |
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| identified in either (i) or (ii), by geographic information |
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| system digital boundaries meeting or exceeding national map |
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| accuracy standards; or (iv) local units of government. |
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| (k) "Holder" means a person or entity that has received |
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| authorization to offer or provide cable or video service from |
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| the Commission pursuant to Section 21-401 of this Article. |
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| (l) "Household" means a house, an apartment, a mobile home, |
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| a group of rooms, or a single room that is intended for |
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| occupancy as separate living quarters. Separate living |
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| quarters are those in which the occupants live and eat |
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| separately from any other persons in the building and which |
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| have direct access from the outside of the building or through |
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| a common hall. This definition is consistent with the United |
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| States Census Bureau, as that definition may be amended |
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| thereafter. |
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| (m) "Incumbent cable operator" means a person or entity |
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| that provided cable services or video services in a particular |
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| area under a franchise agreement with a local unit of |
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| government pursuant to Section 11-42-11 of the Illinois |
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| Municipal Code (65 ILCS 5/11-42-11) or Section 5-1095 of the |
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| Counties Code (55 ILCS 5/5-1095) on January 1, 2007. |
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| (n) "Local franchising authority" means the local unit of |
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| government that has or requires a franchise with a cable |
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| operator, a provider of cable services or a provider of video |
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| services to construct or operate a cable or video system or to |
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| offer cable services or video services under Section 11-42-11 |
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| of the Illinois Municipal Code (65 ILCS 5/11-42-11) or Section |
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| 5-1095 of the Counties Code (55 ILCS 5/5-1095). |
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| (o) "Local unit of government" means a city, village, |
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| incorporated town, or a county. |
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| (p) "Low-income household" means those residential |
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| households located within the holder's existing telephone |
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| service area where the average annual household income is less |
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| than $35,000 based on the United States Census Bureau estimates |
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| adjusted annually to reflect rates of change and distribution. |
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| (q) "Public rights-of-way" means the areas on, below, or |
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| above a public roadway, highway, street, public sidewalk, |
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| alley, waterway, or utility easements dedicated for compatible |
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| uses. |
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| (r) "Service" means the provision of "cable service" or |
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| "video service" to subscribers and the interaction of |
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| subscribers with the person or entity that has received |
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| authorization to offer or provide cable or video service from |
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| the Commission pursuant to Section 21-401 of this Article. |
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| (s) "Service provider fee" means the amount paid under |
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| Section 21-801 of this Article by the holder to a municipality, |
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| or in the case of an unincorporated service area to a county, |
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| for service areas within its territorial jurisdiction, but |
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| under no circumstances shall the service provider fee be paid |
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| to more than one local unit of government for the same portion |
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| of the holder's service area. |
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| (t) "Telecommunications service area" means the area |
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| designated by the Commission as the area in which a |
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| telecommunications company was obligated to provide |
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| non-competitive local telephone service as of February 8, 1996 |
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| as incorporated into Section 13-202.5 of Article XIII of the |
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| Public Utilities Act. |
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| (u) "Video programming" means that term as defined in 47 |
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| U.S.C. 522(20). |
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| (v) "Video service" means video programming and subscriber |
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| interaction, if any, that is required for the selection or use |
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| of such video programming services, and which is provided |
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| through wireline facilities located at least in part in the |
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| public rights-of-way without regard to delivery technology, |
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| including Internet protocol technology. This definition does |
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| not include any video programming provided by a commercial |
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| mobile service provider defined in 47 U.S.C. 332(d) or any |
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| video programming provided solely as part of, and via, service |
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| that enables users to access content, information, electronic |
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| mail, or other services offered over the public Internet. |
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| (220 ILCS 5/21-301 new)
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| Sec. 21-301. Eligibility. |
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| (a) A person or entity seeking to provide cable service or |
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| video service in this State after the effective date of this |
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| amendatory Act of the 95th General Assembly shall either (1) |
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| obtain a State-issued authorization pursuant to Section 401 of |
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| the Cable and Video Competition Act (220 ILCS 5/21-401); (2) |
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| obtain authorization pursuant to Section 11-42-11 of the |
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| Illinois Municipal Code (65 ILCS 5/11-42-11); or (3) obtain |
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| authorization pursuant to Section 5-1095 of the Counties Code |
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| (55 ILCS 5/5-1095). |
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| (b) An incumbent cable operator shall be eligible to apply |
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| for a State-issued authorization as provided in subsection (c). |
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| Upon expiration of its current franchise agreement, an |
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| incumbent cable operator may obtain State authorization from |
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| the Commission pursuant to this Article or may pursue a |
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| franchise renewal with the appropriate local franchise |
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| authority under State and federal law. An incumbent cable |
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| operator and any successor-in-interest that receives a |
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| State-issued authorization shall be obligated to provide |
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| access to cable services or video services within any local |
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| unit of government at the same levels required by the local |
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| franchising authorities for the local unit of government on the |
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| effective date of this amendatory Act of the 95th General |
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| Assembly. |
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| (c)(1) An incumbent cable operator may elect to terminate |
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| its agreement with the local franchising authority and obtain a |
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| State-issued authorization by providing written notice to the |
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| Commission and the affected local franchising authority and any |
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| entity authorized by that franchising authority to manage |
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| public, education, and government access at least 180 days |
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| prior to its filing an application for a State-issued |
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| authorization. The existing agreement shall be terminated on |
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| the date that the Commission issues the State-issued |
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| authorization. |
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| (2) An incumbent cable operator that elects to terminate an |
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| existing agreement with a local franchising authority under |
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| this Section is responsible for remitting to the affected local |
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| franchising authority and any entity designated by that local |
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| franchising authority to manage public, education, and |
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| government access before the 46th day after the date the |
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| agreement is terminated any accrued but unpaid fees due under |
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| the terminated agreement. If that incumbent cable operator has |
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| credit remaining from prepaid franchise fees, such amount of |
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| the remaining credit may be deducted from any future fees the |
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| incumbent cable operator must pay to the local franchising |
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| authority pursuant to Section 21-801(b) of this Article. |
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| (3) An incumbent cable operator that elects to terminate an |
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| existing agreement with a local franchising authority under |
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| this Section shall pay the affected local franchising authority |
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| and any entity designated by that franchising authority to |
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| manage public, education, and government access, at the time |
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| that they would have been due, all monetary payments for |
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| public, education, or government access that would have been |
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| due during the remaining term of the agreement had it not been |
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| terminated as provided in this paragraph. All payments made by |
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| an incumbent cable operator pursuant to the previous sentence |
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| of this paragraph may be credited against the fees that that |
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| operator owes under Section 21-801(d)(1) of this Article. |
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| (d) For purposes of this Article, the Commission shall be |
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| the franchising authority for cable service or video service |
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| providers that apply for and obtain a State-issued |
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| authorization under this Article with regard to the footprint |
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| covered by such authorization. Notwithstanding any other |
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| provision of this Article, holders using telecommunications |
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| facilities to provide cable service or video service are not |
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| obligated to provide that service outside the holder's |
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| telecommunications service area. |
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| (e) Any person or entity that applies for and obtains a |
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| State-issued authorization under this Article shall not be |
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| subject to Section 11-42-11 of the Illinois Municipal Code (65 |
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| ILCS 5/11-42-11) or Section 5-1095 of the Counties Code (55 |
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| ILCS 5/5-1095), except as provided in this Article. Except as |
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| provided under this Article, neither the Commission nor any |
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| local unit of government may require a person or entity that |
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| has applied for and obtained a State-issued authorization to |
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| obtain a separate franchise or pay any franchise fee on cable |
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| service or video service. |
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| (220 ILCS 5/21-401 new) |
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| Sec. 21-401. Applications. |
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| (a) (1) A person or entity seeking to provide cable service |
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| or video service pursuant to this Article shall not use the |
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| public rights-of-way for the installation or construction of |
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| facilities for the provision of cable service or video service |
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| or offer cable service or video service until it has obtained a |
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| State-issued authorization to offer or provide cable or video |
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| service under Section 401 of this Article, except as provided |
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| for in subsection (a)(2). All cable or video providers offering |
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| or providing service in this State shall have authorization |
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| pursuant to either (i) the Cable and Video Competition Law of |
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| 2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the |
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| Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section |
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| 5-1095 of the Counties Code (55 ILCS 5/5-1095). |
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| (2) Nothing in this Section shall prohibit a local unit of |
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| government from granting a permit to a person or entity for the |
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| use of the public rights-of-way to install or construct |
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| facilities to provide cable service or video service, at its |
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| sole discretion. No unit of local government shall be liable |
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| for denial or delay of a permit prior to the issuance of a |
20 |
| State-issued authorization. |
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| (b) The application to the Commission for State-issued |
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| authorization shall contain a completed affidavit submitted by |
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| the applicant and signed by an officer or general partner of |
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| the applicant affirming all of the following: |
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| (1) That the applicant has filed or will timely file |
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| with the Federal Communications Commission all forms |
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| required by that agency in advance of offering cable |
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| service or video service in this State; |
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| (2) That the applicant agrees to comply with all |
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| applicable federal and State statutes and regulations; |
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| (3) That the applicant agrees to comply with all |
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| applicable local unit of government regulations; |
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| (4) An exact description of the cable service or video |
8 |
| service area where the cable service or video service will |
9 |
| be offered during the term of the State-issued |
10 |
| authorization. The service area shall be identified in |
11 |
| terms of either (i) exchanges, as that term is defined in |
12 |
| Section 13-206 of the Public Utilities Act; (ii) a |
13 |
| collection of United States Census Bureau Block numbers (13 |
14 |
| digit); (iii) if the area is smaller than the areas |
15 |
| identified in either (i) or (ii), by geographic information |
16 |
| system digital boundaries meeting or exceeding national |
17 |
| map accuracy standards; or (iv) local unit of government. |
18 |
| The description shall include the number of low-income |
19 |
| households within the service area or footprint. If an |
20 |
| applicant is a an incumbent cable operator, the incumbent |
21 |
| cable operator and any successor-in-interest shall be |
22 |
| obligated to provide access to cable services or video |
23 |
| services within any local units of government at the same |
24 |
| levels required by the local franchising authorities for |
25 |
| the local unit of government on the effective date of this |
26 |
| amendatory Act of the 95th General Assembly and its |
|
|
|
SB0678 Enrolled |
- 18 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| application shall provide a description of an area no |
2 |
| smaller than the service areas contained in its |
3 |
| franchise(s) within the jurisdiction of the local unit of |
4 |
| government in which it seeks to offer cable or video |
5 |
| service; |
6 |
| (5) The location and telephone number of the |
7 |
| applicant's principal place of business within this State |
8 |
| and the names of the applicant's principal executive |
9 |
| officers who are responsible for communications concerning |
10 |
| the application and the services to be offered pursuant to |
11 |
| the application, the applicant's legal name and any name or |
12 |
| names under which the applicant does or will provide cable |
13 |
| services or video services in this State; |
14 |
| (6) A certification that the applicant has |
15 |
| concurrently delivered a copy of the application to all |
16 |
| local units of government that include all or any part of |
17 |
| the service area identified in subsection (b)(4) within |
18 |
| such local unit of government's jurisdictional boundaries; |
19 |
| (7) The expected date that cable service or video |
20 |
| service will be initially offered in the area identified in |
21 |
| subsection (b)(4). In the event that a holder does not |
22 |
| offer cable services or video services within three months |
23 |
| after the expected date, it shall amend its application and |
24 |
| update the expected date service will be offered and |
25 |
| explain the delay in offering cable services or video |
26 |
| services; |
|
|
|
SB0678 Enrolled |
- 19 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| (8) The application shall include adequate assurance |
2 |
| that the applicant possesses the financial, managerial, |
3 |
| legal, and technical qualifications necessary to construct |
4 |
| and operate the proposed system, and to promptly repair any |
5 |
| damage to the public right-of-way caused by the applicant, |
6 |
| and to pay the cost of removal of its facilities. To |
7 |
| accomplish these requirements, the applicant may, at the |
8 |
| time the applicant seeks to use the public rights-of-way in |
9 |
| that jurisdiction, be required by the State of Illinois |
10 |
| and/or later be required by the local unit of government to |
11 |
| post a bond, produce a certificate of insurance, or |
12 |
| otherwise demonstrate its financial responsibility; and |
13 |
| (9) The application shall include the applicant's |
14 |
| general standards related to customer service required by |
15 |
| 220 ILCS 5/70-501, which shall include, but not be limited |
16 |
| to, installation, disconnection, service and repair |
17 |
| obligations; appointment hours, employee ID requirements; |
18 |
| customer service telephone numbers and hours; procedures |
19 |
| for billing, charges, deposits, refunds, and credits; |
20 |
| procedures for termination of service; notice of deletion |
21 |
| of programming service, changes related to transmission of |
22 |
| programming or changes or increases in rates; use and |
23 |
| availability of parental control or lock-out devices; |
24 |
| complaint procedures and procedures for bill dispute |
25 |
| resolution, and a description of the rights and remedies |
26 |
| available to consumers if the holder does not materially |
|
|
|
SB0678 Enrolled |
- 20 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| meet their customer service standards; and special |
2 |
| services for customers with visual, hearing or mobility |
3 |
| disabilities. |
4 |
| (c)(1) The applicant may designate information that it |
5 |
| submits in its application or subsequent reports as |
6 |
| confidential or proprietary, provided that the applicant |
7 |
| states the reasons the confidential designation is necessary. |
8 |
| The Commission shall provide adequate protection for such |
9 |
| information pursuant to Section 5/4-404 of the Public Utilities |
10 |
| Act. If the Commission, a local unit of government, or any |
11 |
| other party seeks public disclosure of information designated |
12 |
| as confidential, the Commission shall consider the |
13 |
| confidential designation in a proceeding under the |
14 |
| Administrative Procedures Act, and the burden of proof to |
15 |
| demonstrate that the designated information is confidential |
16 |
| shall be upon the applicant. Designated information shall |
17 |
| remain confidential pending the Commission's determination of |
18 |
| whether the information is entitled to confidential treatment. |
19 |
| Information designated as confidential shall be provided to |
20 |
| local units of government for purposes of assessing compliance |
21 |
| with this Article as permitted under a Protective Order issued |
22 |
| by the Commission pursuant to the Commission's rules and to the |
23 |
| Attorney General pursuant to Section 6.5 of the Attorney |
24 |
| General Act, 15 ILCS 205/6.5. Information designated as |
25 |
| confidential under this Section or determined to be |
26 |
| confidential upon Commission review shall only be disclosed |
|
|
|
SB0678 Enrolled |
- 21 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| pursuant to a valid and enforceable subpoena or court order or |
2 |
| as required by the Freedom of Information Act. Nothing herein |
3 |
| shall delay the application approval timeframes set forth in |
4 |
| this Article. |
5 |
| (2) Information regarding the location of video services |
6 |
| that have been or are being offered to the public and aggregate |
7 |
| information included in the reports required by this Article |
8 |
| shall not be designated or treated as confidential. |
9 |
| (d)(1) The Commission shall post all applications it |
10 |
| receives under this Article on its web site within five (5) |
11 |
| business days. |
12 |
| (2) The Commission shall notify an applicant for a cable |
13 |
| service or video service authorization whether the applicant's |
14 |
| application and affidavit are complete on or before the 15th |
15 |
| business day after the applicant submits the application. If |
16 |
| the application and affidavit are not complete, the Commission |
17 |
| shall state in its notice all of the reasons the application or |
18 |
| affidavit are incomplete, and the applicant shall resubmit a |
19 |
| complete application. The Commission shall have 30 days after |
20 |
| submission by the applicant of a complete application and |
21 |
| affidavit to issue the service authorization. If the Commission |
22 |
| does not notify the applicant regarding the completeness of the |
23 |
| application and affidavit or issue the service authorization |
24 |
| within the time periods required under this subsection, the |
25 |
| application and affidavit shall be considered complete and the |
26 |
| service authorization issued upon the expiration of the 30th |
|
|
|
SB0678 Enrolled |
- 22 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| day. |
2 |
| (e) The authorization issued by the Commission will expire |
3 |
| on the date listed in Section 21-1601 and shall contain or |
4 |
| include all of the following: |
5 |
| (1) A grant of authority to provide cable service or |
6 |
| video service in the service area footprint as requested in |
7 |
| the application, subject to the laws of the State and the |
8 |
| ordinances, rules and regulations of the local units of |
9 |
| government. |
10 |
| (2) A grant of authority to use, occupy, and construct |
11 |
| facilities in the public rights-of-way for the delivery of |
12 |
| cable service or video service in the service area |
13 |
| footprint, subject to the laws, ordinances, rules or |
14 |
| regulations of this State and local units of governments. |
15 |
| (3) A statement that the grant of authority is subject |
16 |
| to lawful operation of the cable service or video service |
17 |
| by the applicant, its affiliated entities or its |
18 |
| successors-in-interest. |
19 |
| (4) The Commission shall notify a local unit of |
20 |
| government within three (3) business days of the grant of |
21 |
| any authorization within a service area footprint if that |
22 |
| authorization includes any part of the local unit of |
23 |
| government's jurisdictional boundaries. |
24 |
| (f) The authorization issued pursuant to Section 401 of |
25 |
| this Article by the Commission may be transferred to any |
26 |
| successor-in-interest to the applicant to which it is initially |
|
|
|
SB0678 Enrolled |
- 23 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| granted without further Commission action if the |
2 |
| successor-in-interest (i) submits an application and the |
3 |
| information required by Section 21-401(b) for the |
4 |
| successor-in-interest and (ii) is not in violation of this |
5 |
| Article or of any federal, State, or local law, ordinance, rule |
6 |
| or regulation. A successor-in-interest shall file its |
7 |
| application and notice of transfer with the Commission and the |
8 |
| relevant local units of government no less than fifteen (15) |
9 |
| business days prior to the completion of the transfer. The |
10 |
| Commission is not required or authorized to act upon the notice |
11 |
| of transfer; however, the transfer is not effective until the |
12 |
| Commission approves the successor-in-interest's application. A |
13 |
| local unit of government or the Attorney General may seek to |
14 |
| bar a transfer of ownership by filing suit in a court of |
15 |
| competent jurisdiction predicated on the existence of a |
16 |
| material and continuing breach of this Article by the holder, a |
17 |
| pattern of noncompliance with customer service standards by the |
18 |
| potential successor-in-interest, or the insolvency of the |
19 |
| potential successor-in-interest. If a transfer is made when |
20 |
| there are violations of this Article or of any federal, State, |
21 |
| or local law, ordinance, rule or regulation, the |
22 |
| successor-in-interest shall be subject to three times the |
23 |
| penalties provided for in this Article. |
24 |
| (g) The authorization issued pursuant to Section 21-401 of |
25 |
| this Article by the Commission may be terminated, or its cable |
26 |
| service or video service area footprint may be modified, by the |
|
|
|
SB0678 Enrolled |
- 24 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| cable service provider or video service provider by submitting |
2 |
| notice to the Commission and to the relevant local unit of |
3 |
| government containing a description of the change on the same |
4 |
| terms as the initial description pursuant to Section |
5 |
| 21-401(b)(4). The Commission is not required or authorized to |
6 |
| act upon that notice. It shall be a violation of this Article |
7 |
| for a holder to discriminate against potential residential |
8 |
| subscribers because of the race or income of the residents in |
9 |
| the local area in which the group resides by terminating or |
10 |
| modifying its cable service or video service area footprint. It |
11 |
| shall be a violation of this Article for a holder to terminate |
12 |
| or modify its cable service or video service area footprint if |
13 |
| it leaves an area with no cable service or video service from |
14 |
| any provider. |
15 |
| (h) The Commission's authority to administer this Article |
16 |
| is limited to the powers and duties explicitly provided under |
17 |
| this Article. Its authority under this Article does not include |
18 |
| or limit the powers and duties that the Commission has under |
19 |
| the other Articles of the Public Utilities Act, the Illinois |
20 |
| Administrative Procedure Act (5 ILCS 100/) or any other law or |
21 |
| regulation to conduct proceedings other than as provided in |
22 |
| subsection (c) above, or to promulgate rules or regulations. |
23 |
| The Commission shall not have the authority to limit or expand |
24 |
| the obligations and requirements provided in this Section, or |
25 |
| to regulate or control a person or entity to the extent that |
26 |
| person or entity is providing cable service or video service |
|
|
|
SB0678 Enrolled |
- 25 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| except as provided in this Article. |
2 |
| (220 ILCS 5/21-601 new) |
3 |
| Sec. 21-601. Public, education, and government access. For |
4 |
| the purposes of this Section, "programming" means content |
5 |
| produced or provided by any person, group, governmental agency, |
6 |
| or noncommercial public or private agency or organization. |
7 |
| (a) Not later than 90 days after a request by the local |
8 |
| unit of government or its designee that has received notice |
9 |
| under Section 21-801(a) of this Article, the holder shall (i) |
10 |
| designate the same amount of capacity on its network to provide |
11 |
| for public, education, and government access use, as the |
12 |
| incumbent cable operator is required to designate under its |
13 |
| franchise terms in effect with a local unit of government on |
14 |
| January 1, 2007; and (ii) retransmit to its subscribers the |
15 |
| same number of public, education, and government access |
16 |
| channels as the incumbent cable operator was retransmitting to |
17 |
| subscribers on January 1, 2007. |
18 |
| (b) If the local unit of government produces or maintains |
19 |
| the public education or government programming in a manner or |
20 |
| form that is compatible with the holder's network, it shall |
21 |
| transmit such programming to the holder in that form provided |
22 |
| that form will permit the holder to satisfy the requirements of |
23 |
| Section 21-601(c). If the local unit of government does not |
24 |
| produce or maintain such programming in that manner or form, |
25 |
| then the holder shall be responsible for any changes in the |
|
|
|
SB0678 Enrolled |
- 26 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| form of the transmission necessary to make public, education, |
2 |
| and government programming compatible with the technology or |
3 |
| protocol used by the holder to deliver services. The holder |
4 |
| shall receive programming from the local unit of government (or |
5 |
| the local unit of government's public, education, and |
6 |
| government programming providers) and transmit that public, |
7 |
| education, and government programming directly to the holder's |
8 |
| subscribers within the local unit of government's jurisdiction |
9 |
| at no cost to the local unit of government or the public, |
10 |
| education, and government programming providers. If the holder |
11 |
| is required to change the form of the transmission, the local |
12 |
| unit of government or its designee shall provide reasonable |
13 |
| access to the holder to allow the holder to transmit the |
14 |
| public, education, and government programming in an economical |
15 |
| manner subject to the requirements of Section 21-601(c). |
16 |
| (c) The holder shall provide to subscribers public, |
17 |
| education and government access channel capacity at equivalent |
18 |
| visual and audio quality and equivalent functionality, from the |
19 |
| viewing perspective of the subscriber, to that of commercial |
20 |
| channels carried on the holder's basic cable or video service |
21 |
| offerings or tiers without the need for any equipment other |
22 |
| than the equipment necessary to receive the holder's basic |
23 |
| cable or video service offerings or tiers. |
24 |
| (d) The holder and an incumbent cable operator shall |
25 |
| negotiate in good faith to interconnect their networks, if |
26 |
| needed, for the purpose of providing public, education, and |
|
|
|
SB0678 Enrolled |
- 27 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| government programming. Interconnection may be accomplished by |
2 |
| direct cable, microwave link, satellite, or other reasonable |
3 |
| method of connection. The holder and the incumbent cable |
4 |
| operator shall provide interconnection of the public, |
5 |
| education, and government channels on reasonable terms and |
6 |
| conditions and may not withhold the interconnection. If a |
7 |
| holder and an incumbent cable operator cannot reach a mutually |
8 |
| acceptable interconnection agreement, the local unit of |
9 |
| government may require the incumbent cable operator to allow |
10 |
| the holder to interconnect its network with the incumbent cable |
11 |
| operator's network at a technically feasible point on their |
12 |
| networks. If no technically feasible point for interconnection |
13 |
| is available, the holder and an incumbent cable operator shall |
14 |
| each make an interconnection available to the public, |
15 |
| education, and government channel originators at their local |
16 |
| origination points and shall provide the facilities necessary |
17 |
| for the interconnection. The cost of any interconnection shall |
18 |
| be borne by the holder unless otherwise agreed to by the |
19 |
| parties. The interconnection required by this subsection shall |
20 |
| be completed within the 90-day deadline set forth in subsection |
21 |
| (a). |
22 |
| (e) The public, education, and government channels shall be |
23 |
| for the exclusive use of the local unit of government or its |
24 |
| designee to provide public, education, and government |
25 |
| programming. The public, education, and government channels |
26 |
| shall be used only for noncommercial purposes. However, |
|
|
|
SB0678 Enrolled |
- 28 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| advertising, underwriting, or sponsorship recognition may be |
2 |
| carried on the channels for the purpose of funding public, |
3 |
| education, and government access related activities. |
4 |
| (f) Public, education and government channels shall all be |
5 |
| carried on the holder's basic cable or video service offerings |
6 |
| or tiers. To the extent feasible, the public, education and |
7 |
| government channels shall not be separated numerically from |
8 |
| other channels carried on the holder's basic cable or video |
9 |
| service offerings or tiers, and the channel numbers for the |
10 |
| public, education and government channels shall be the same |
11 |
| channel numbers used by the incumbent cable operator unless |
12 |
| prohibited by federal law. After the initial designation of |
13 |
| public, education and government channel numbers, the channel |
14 |
| numbers shall not be changed without the agreement of the local |
15 |
| unit of government or the entity to which the local unit of |
16 |
| government has assigned responsibility for managing public, |
17 |
| education and government access channels unless the change is |
18 |
| required by federal law. Each channel shall be capable of |
19 |
| carrying a National Television System Committee (NTSC) |
20 |
| television signal. |
21 |
| (g) The holder shall provide a listing of public, education |
22 |
| and government channels on channel cards and menus provided to |
23 |
| subscribers in a manner equivalent to other channels if the |
24 |
| holder uses such cards and menus. Further, the holder shall |
25 |
| provide a listing of public, education, and government |
26 |
| programming on its electronic program guide if such a guide is |
|
|
|
SB0678 Enrolled |
- 29 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| utilized by the holder. It is the public, education and |
2 |
| government entity's responsibility to provide the holder or its |
3 |
| designated agent, as determined by the holder, with program |
4 |
| schedules and information in a timely manner. |
5 |
| (h) If less than three public, education, and government |
6 |
| channels are provided within the local unit of government as of |
7 |
| January 1, 2007, a local unit of government whose jurisdiction |
8 |
| lies within the authorized service area of the holder may |
9 |
| initially request the holder to designate sufficient capacity |
10 |
| for up to three public, education, and government channels. A |
11 |
| local unit of government or its designee that seeks to add |
12 |
| additional capacity shall give the holder a written |
13 |
| notification specifying the number of additional channels to be |
14 |
| used, specifying the number of channels in actual use, and |
15 |
| verifying that the additional channels requested will be put |
16 |
| into actual use. |
17 |
| (i) The holder shall, within 90 days of a request by the |
18 |
| local unit of government or its designated public, education, |
19 |
| or government access entity, provide sufficient capacity for an |
20 |
| additional channel for public, education, and government |
21 |
| access when the programming on a given access channel exceeds |
22 |
| 40 hours per week as measured on a quarterly basis. The |
23 |
| additional channel shall not be used for any purpose other than |
24 |
| for carrying additional public, education, or government |
25 |
| access programming. |
26 |
| (j) The public, education, and government access |
|
|
|
SB0678 Enrolled |
- 30 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| programmer is solely responsible for the content that it |
2 |
| provides over designated public, education, or government |
3 |
| channels. A holder shall not exercise any editorial control |
4 |
| over any programming on any channel designed for public, |
5 |
| education, or government use or on any other channel required |
6 |
| by law or a binding agreement with the local unit of |
7 |
| government. |
8 |
| (k) A holder shall not be subject to any civil or criminal |
9 |
| liability for any program carried on any channel designated for |
10 |
| public, education, or government use. |
11 |
| (l) A court of competent jurisdiction shall have exclusive |
12 |
| jurisdiction to enforce any requirement under this Section or |
13 |
| resolve any dispute regarding the requirements set forth in |
14 |
| this Section, and no provider of cable service or video service |
15 |
| may be barred from providing service or be required to |
16 |
| terminate service as a result of that dispute or enforcement |
17 |
| action. |
18 |
| (220 ILCS 5/21-701 new) |
19 |
| Sec. 21-701. Emergency alert system. The holder shall |
20 |
| comply with all applicable requirements of the Federal |
21 |
| Communications Commission involving the distribution and |
22 |
| notification of federal, State, and local emergency messages |
23 |
| over the emergency alert system applicable to cable operators. |
24 |
| The holder will provide a requesting local unit of government |
25 |
| with sufficient information regarding how to submit, via |
|
|
|
SB0678 Enrolled |
- 31 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| telephone or web listing, a local emergency alert for |
2 |
| distribution over its cable or video network. To the extent |
3 |
| that a local unit of government requires incumbent cable |
4 |
| operators to provide emergency alert system messages or |
5 |
| services in excess of the requirements of this Section, the |
6 |
| holder shall comply with any such additional requirements |
7 |
| within the jurisdiction of the local franchising authority. The |
8 |
| holder may provide a local emergency alert to an area larger |
9 |
| than the boundaries of the local unit of government issuing the |
10 |
| emergency alert. |
11 |
| (220 ILCS 5/21-801 new) |
12 |
| Sec. 21-801. Applicable fees payable to the local unit of |
13 |
| government. |
14 |
| (a) Prior to offering cable service or video service in a |
15 |
| local unit of government's jurisdiction, a holder shall notify |
16 |
| the local unit of government. The notice shall be given to the |
17 |
| local unit of government at least 10 days before the holder |
18 |
| begins to offer cable service or video service within the |
19 |
| boundaries of that local unit of government. |
20 |
| (b) In any local unit of government in which a holder |
21 |
| offers cable service or video service on a commercial basis, |
22 |
| the holder shall be liable for and pay the service provider fee |
23 |
| to the local unit of government. The local unit of government |
24 |
| shall adopt an ordinance imposing such a fee. The holder's |
25 |
| liability for the fee shall commence on the first day of the |
|
|
|
SB0678 Enrolled |
- 32 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| calendar month that is at least 30 days after the holder |
2 |
| receives such ordinance. The ordinance shall be sent by mail, |
3 |
| postage prepaid, to the address listed on the holder's |
4 |
| application provided to the local unit of government pursuant |
5 |
| to Section 21-401(b)(6). The fee authorized by this Section |
6 |
| shall be 5% of gross revenues or the same as the fee paid to the |
7 |
| local unit of government by any incumbent cable operator |
8 |
| providing cable service. The payment of the service provider |
9 |
| fee shall be due on a quarterly basis, 45 days after the close |
10 |
| of the calendar quarter. If mailed, the fee is considered paid |
11 |
| on the date it is postmarked. Except as provided in this |
12 |
| Article, the local unit of government may not demand any |
13 |
| additional fees or charges from the holder and may not demand |
14 |
| the use of any other calculation method other than allowed |
15 |
| under this Article. |
16 |
| (c) For purposes of this Article, "gross revenues" means |
17 |
| all consideration of any kind or nature, including, without |
18 |
| limitation, cash, credits, property, and in-kind contributions |
19 |
| received by the holder for the operation of a cable or video |
20 |
| system to provide cable service or video service within the |
21 |
| holder's cable service or video service area within the local |
22 |
| unit of government's jurisdiction. |
23 |
| (1) Gross revenues shall include the following: |
24 |
| (i) Recurring charges for cable service or video |
25 |
| service. |
26 |
| (ii) Event-based charges for cable service or |
|
|
|
SB0678 Enrolled |
- 33 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| video service, including, but not limited to, |
2 |
| pay-per-view and video-on-demand charges. |
3 |
| (iii) Rental of set top boxes and other cable |
4 |
| service or video service equipment. |
5 |
| (iv) Service charges related to the provision of |
6 |
| cable service or video service, including but not |
7 |
| limited to activation, installation, and repair |
8 |
| charges. |
9 |
| (v) Administrative charges related to the |
10 |
| provision of cable service or video service, including |
11 |
| but not limited to service order and service |
12 |
| termination charges. |
13 |
| (vi) Late payment fees or charges, insufficient |
14 |
| funds check charges, and other charges assessed to |
15 |
| recover the costs of collecting delinquent payments. |
16 |
| (vii) A pro rata portion of all revenue derived by |
17 |
| the holder or its affiliates pursuant to compensation |
18 |
| arrangements for advertising or for promotion or |
19 |
| exhibition of any products or services derived from the |
20 |
| operation of the holder's network to provide cable |
21 |
| service or video service within the local unit of |
22 |
| government's jurisdiction. The allocation shall be |
23 |
| based on the number of subscribers in the local unit of |
24 |
| government divided by the total number of subscribers |
25 |
| in relation to the relevant regional or national |
26 |
| compensation arrangement. |
|
|
|
SB0678 Enrolled |
- 34 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| (viii) Compensation received by the holder that is |
2 |
| derived from the operation of the holder's network to |
3 |
| provide cable service or video service with respect to |
4 |
| commissions that are received by the holder as |
5 |
| compensation for promotion or exhibition of any |
6 |
| products or services on the holder's network, such as a |
7 |
| "home shopping" or similar channel, subject to |
8 |
| subsection (b)(ix). |
9 |
| (ix) In the case of a cable service or video |
10 |
| service that is bundled or integrated functionally |
11 |
| with other services, capabilities, or applications, |
12 |
| the portion of the holder's revenue attributable to the |
13 |
| other services, capabilities, or applications shall be |
14 |
| included in gross revenue unless the holder can |
15 |
| reasonably identify the division or exclusion of the |
16 |
| revenue from its books and records that are kept in the |
17 |
| regular course of business. |
18 |
| (x) The service provider fee permitted by Section |
19 |
| 21-801(b) of this Article. |
20 |
| (2) Gross revenues do not include any of the following: |
21 |
| (i) Revenues not actually received, even if |
22 |
| billed, such as bad debt, subject to Section |
23 |
| 21-801(c)(1)(vi). |
24 |
| (ii) Refunds, discounts, or other price |
25 |
| adjustments that reduce the amount of gross revenues |
26 |
| received by the holder of the State-issued |
|
|
|
SB0678 Enrolled |
- 35 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| authorization to the extent the refund, rebate, |
2 |
| credit, or discount is attributable to cable service or |
3 |
| video service. |
4 |
| (iii) Regardless of whether the services are |
5 |
| bundled, packaged, or functionally integrated with |
6 |
| cable service or video service, any revenues received |
7 |
| from services not classified as cable service or video |
8 |
| service, including, without limitation, revenue |
9 |
| received from telecommunications services, information |
10 |
| services, or the provision of directory or Internet |
11 |
| advertising, including yellow pages, white pages, |
12 |
| banner advertisement, and electronic publishing or any |
13 |
| other revenues attributed by the holder to noncable |
14 |
| service or nonvideo service in accordance with the |
15 |
| holder's books and records and records kept in the |
16 |
| regular course of business and any applicable laws, |
17 |
| rules, regulations, standards, or orders. |
18 |
| (iv) The sale of cable services or video services |
19 |
| for resale in which the purchaser is required to |
20 |
| collect the service provider fee from the purchaser's |
21 |
| subscribers to the extent the purchaser certifies in |
22 |
| writing that it will resell the service within the |
23 |
| local unit of government's jurisdiction and pay the fee |
24 |
| permitted by Section 21-801(b) with respect to the |
25 |
| service. |
26 |
| (v) Any tax or fee of general applicability imposed |
|
|
|
SB0678 Enrolled |
- 36 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| upon the subscribers or the transaction by a city, |
2 |
| State, federal, or any other governmental entity and |
3 |
| collected by the holder of the State-issued |
4 |
| authorization and required to be remitted to the taxing |
5 |
| entity, including sales and use taxes. |
6 |
| (vi) Security deposits collected from subscribers. |
7 |
| (vii) Amounts paid by subscribers to "home |
8 |
| shopping" or similar vendors for merchandise sold |
9 |
| through any home shopping channel offered as part of |
10 |
| the cable service or video service. |
11 |
| (3) Revenue of an affiliate of a holder shall be |
12 |
| included in the calculation of gross revenues to the extent |
13 |
| the treatment of the revenue as revenue of the affiliate |
14 |
| rather than the holder has the effect of evading the |
15 |
| payment of the fee permitted by Section 21-801(b) of this |
16 |
| Article which would otherwise be paid by the cable service |
17 |
| or video service. |
18 |
| (d)(1) The holder shall pay to the local unit of government |
19 |
| or the entity designated by that local unit of government to |
20 |
| manage public, education and government access, upon request as |
21 |
| support for public, education, and government access, a fee |
22 |
| equal to no less than (i) 1% of gross revenues; or (ii) if |
23 |
| greater, the percentage of gross revenues that incumbent cable |
24 |
| operators pay to the local unit of government or its designee |
25 |
| for public, education, and government access support in the |
26 |
| local unit of government's jurisdiction. For purposes of |
|
|
|
SB0678 Enrolled |
- 37 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| subparagraph (d)(1)(ii) above, the percentage of gross |
2 |
| revenues that all incumbent cable operators pay shall be equal |
3 |
| to the annual sum of the payments that incumbent cable |
4 |
| operators in the service area are obligated to pay by |
5 |
| franchises and agreements or by contracts with the local |
6 |
| government designee for public, education and government |
7 |
| access in effect on January 1, 2007, including the total of any |
8 |
| lump sum payments required to be made over the term of each |
9 |
| franchise or agreement divided by the number of years of the |
10 |
| applicable term, divided by the annual sum of such incumbent |
11 |
| cable operator(s)'s gross revenues during the immediately |
12 |
| prior calendar year. The sum of payments includes any payments |
13 |
| that an incumbent cable operator is required to pay pursuant to |
14 |
| Section 21-301(c)(3) of this Article. |
15 |
| (2) A local unit of government may require all holders of a |
16 |
| State-issued authorization and all cable operators franchised |
17 |
| by that local unit of government on the effective date hereof |
18 |
| in the franchise area to provide to the local unit of |
19 |
| government, or to the entity designated by that local unit of |
20 |
| government to manage public, education and government access, |
21 |
| information sufficient to calculate the public, education and |
22 |
| government access equivalent fee and any credits under |
23 |
| subsection (d)(1). |
24 |
| (3) The fee shall be due on a quarterly basis and paid 45 |
25 |
| days after the close of the calendar quarter. Each payment |
26 |
| shall include a statement explaining the basis for the |
|
|
|
SB0678 Enrolled |
- 38 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| calculation of the fee. If mailed, the fee is considered paid |
2 |
| on the date it is postmarked. The liability of the holder for |
3 |
| payment of the fee under this subsection shall commence on the |
4 |
| same date as the payment of the service provider fee pursuant |
5 |
| to subsection (b) of this Section. |
6 |
| (e) The holder may identify and collect the amount of the |
7 |
| service provider fee as a separate line item on the regular |
8 |
| bill of each subscriber. |
9 |
| (f) The holder may identify and collect the amount of the |
10 |
| public, education, and government programming support fee as a |
11 |
| separate line item on the regular bill of each subscriber. |
12 |
| (g) All determinations and computations under this Section |
13 |
| shall be made pursuant to the definition of gross revenues set |
14 |
| forth in this Section, and shall be made pursuant to generally |
15 |
| accepted accounting principles. |
16 |
| (h) Nothing contained in this Article shall be construed to |
17 |
| exempt a holder from any tax that is or may later be imposed by |
18 |
| the local unit of government, including any tax that is or may |
19 |
| later be required to be paid by or through the holder with |
20 |
| respect to cable service or video service. A State-issued |
21 |
| authorization shall not affect any requirement of the holder |
22 |
| with respect to payment of the local unit of government's |
23 |
| simplified municipal telecommunications tax or any other tax as |
24 |
| it applies to any telephone service provided by the holder. A |
25 |
| State-issued authorization shall not affect any requirement of |
26 |
| the holder with respect to payment of the local unit of |
|
|
|
SB0678 Enrolled |
- 39 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| government's 911 or E911 fees, taxes or charges. |
2 |
| (220 ILCS 5/21-901 new) |
3 |
| Sec. 21-901. Audits. |
4 |
| (a) Upon receiving notice under Section 21-401(e)(4) that a |
5 |
| holder has received State-issued authorization under this |
6 |
| Article, a local unit of government shall notify the holder of |
7 |
| the requirements it imposes on other cable service or video |
8 |
| service providers in its jurisdiction to submit to an audit of |
9 |
| its books and records. The holder shall comply with the same |
10 |
| requirements the local unit of government imposes on other |
11 |
| cable service or video service providers in its jurisdiction to |
12 |
| audit the holder's books and records and to recompute any |
13 |
| amounts determined to be payable under the requirements of the |
14 |
| local unit of government. If all local franchises between the |
15 |
| local unit of government and a cable operator terminate, the |
16 |
| audit requirements shall be those adopted by the local |
17 |
| government pursuant to the Local Government Taxpayers' Bill of |
18 |
| Rights, 50 ILCS 45. No acceptance of amounts remitted should be |
19 |
| construed as an accord that the amounts are correct. |
20 |
| (b) Any additional amount due after an audit shall be paid |
21 |
| within 30 days after the local unit of government's submission |
22 |
| of an invoice for the sum. |
23 |
| (220 ILCS 5/21-1001 new) |
24 |
| Sec. 21-1001. Local unit of government authority. |
|
|
|
SB0678 Enrolled |
- 40 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| (a) The holder of a State-issued authorization shall comply |
2 |
| with all the applicable construction and technical standards |
3 |
| and right-of-way occupancy standards set forth in a local unit |
4 |
| of government's code of ordinances relating to the use of |
5 |
| public rights-of-way, pole attachments, permit obligations, |
6 |
| indemnification, performance bonds, penalties or liquidated |
7 |
| damages. The applicable requirements for a holder that is using |
8 |
| its existing telecommunications network or constructing a |
9 |
| telecommunications network shall be the same requirements that |
10 |
| the local unit of government imposes on telecommunications |
11 |
| providers in its jurisdiction. The applicable requirements for |
12 |
| a holder that is using or constructing a cable system shall be |
13 |
| the same requirements the local unit of government imposes on |
14 |
| other cable operators in its jurisdiction. |
15 |
| (b) A local unit of government shall allow the holder to |
16 |
| install, construct, operate, maintain, and remove a cable |
17 |
| service, video service, or telecommunications network within a |
18 |
| public right-of-way and shall provide the holder with open, |
19 |
| comparable, nondiscriminatory, and competitively neutral |
20 |
| access to the public right-of-way on the same terms applicable |
21 |
| to other cable service or video service providers or cable |
22 |
| operators in its jurisdiction. Notwithstanding any other |
23 |
| provisions of law, if a local unit of government is permitted |
24 |
| by law to require the holder of a State authorization to seek a |
25 |
| permit to install, construct, operate, maintain or remove its |
26 |
| cable service, video service, or telecommunications network |
|
|
|
SB0678 Enrolled |
- 41 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| within a public right-of-way, those permits shall be deemed |
2 |
| granted within 45 days after being submitted, if not otherwise |
3 |
| acted upon by the local unit of government, provided the holder |
4 |
| complies with the requirements applicable to the holder in its |
5 |
| jurisdiction. |
6 |
| (c) A local unit of government may impose reasonable terms, |
7 |
| but it may not discriminate against the holder with respect to |
8 |
| any of the following: |
9 |
| (1) The authorization or placement of a cable service, |
10 |
| video service, or telecommunications network or equipment |
11 |
| in public rights-of-way. |
12 |
| (2) Access to a building. |
13 |
| (3) A local unit of government utility pole attachment. |
14 |
| (d) If a local unit of government imposes a permit fee on |
15 |
| incumbent cable operators, it may impose a permit fee on the |
16 |
| holder only to the extent it imposes such a fee on incumbent |
17 |
| cable operators. In all other cases, these fees may not exceed |
18 |
| the actual, direct costs incurred by the local unit of |
19 |
| government for issuing the relevant permit. In no event may a |
20 |
| fee under this Section be levied if the holder already has paid |
21 |
| a permit fee of any kind in connection with the same activity |
22 |
| that would otherwise be covered by the permit fee under this |
23 |
| Section provided no additional equipment, work, function or |
24 |
| other burden is added to the existing activity for which the |
25 |
| permit was issued. |
26 |
| (e) Nothing in this Article shall affect the rights that |
|
|
|
SB0678 Enrolled |
- 42 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| any holder has under Section 4 of the Telephone Line Right of |
2 |
| Way Act (220 ILCS 65/4). |
3 |
| (f) In addition to the other requirements in this Section, |
4 |
| if the holder installs, upgrades, constructs, operates, |
5 |
| maintains, and removes facilities or equipment within a public |
6 |
| right-of-way to provide cable service or video service, it |
7 |
| shall comply with the following: |
8 |
| (1) The holder must locate its equipment in the |
9 |
| right-of-way as to cause only minimum interference with the |
10 |
| use of streets, alleys and other public ways and places, |
11 |
| and to cause only minimum impact upon, and interference |
12 |
| with the rights and reasonable convenience of property |
13 |
| owners who adjoin any of the said streets, alleys or other |
14 |
| public ways. No fixtures shall be placed in any public ways |
15 |
| in such a manner to interfere with the usual travel on such |
16 |
| public ways. Nor shall such fixtures or equipment limit the |
17 |
| visibility of vehicular and/or pedestrian traffic. |
18 |
| (2) The holder shall comply with a local unit of |
19 |
| government's reasonable requests to place equipment on |
20 |
| public property where possible, and promptly comply with |
21 |
| local unit of government direction with respect to the |
22 |
| location and screening of equipment and facilities. In |
23 |
| constructing or upgrading its cable or video network in the |
24 |
| right-of-way, the holder shall use the smallest suitable |
25 |
| equipment enclosures and power pedestals and cabinets then |
26 |
| in use by the holder for the application. |
|
|
|
SB0678 Enrolled |
- 43 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| (3) The holder's construction practices shall be in |
2 |
| accordance with all applicable sections of the |
3 |
| Occupational Safety and Health Act of 1970, as amended, as |
4 |
| well as all applicable State laws, including the Illinois |
5 |
| Administrative Code, and local codes where applicable, as |
6 |
| adopted by the local unit of government. All installation |
7 |
| of electronic equipment shall be of a permanent nature, |
8 |
| durable and, where applicable, installed in accordance |
9 |
| with the provisions of the National Electrical Safety Code |
10 |
| of the National Bureau of Standards and National Electrical |
11 |
| Code of the National Board of Fire Underwriters. |
12 |
| (4) The holder shall not interfere with the local unit |
13 |
| of government's performance of public works. Nothing in the |
14 |
| State-issued authorization shall be in preference or |
15 |
| hindrance to the right of the local unit of government to |
16 |
| perform or carry on any public works or public improvements |
17 |
| of any kind. The holder expressly agrees that it shall, at |
18 |
| its own expense, protect, support, temporarily disconnect, |
19 |
| relocate in the same street or other public place, or |
20 |
| remove from such street or other public place, any of the |
21 |
| network, system, facilities or equipment when required to |
22 |
| do so by the local unit of government, because of necessary |
23 |
| public health, safety and welfare improvements. In the |
24 |
| event a holder and other users, including incumbent cable |
25 |
| operators or utilities, of a public right-of-way are |
26 |
| required to relocate and compensation is paid to the users |
|
|
|
SB0678 Enrolled |
- 44 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| of such public right-of-way, such parties shall be treated |
2 |
| equally with respect to such compensation. |
3 |
| (5) The holder shall comply with all local units of |
4 |
| government inspection requirements. The making of |
5 |
| post-construction, subsequent and/or periodic inspections |
6 |
| or the failure to do so shall not operate to relieve the |
7 |
| holder of any responsibility, obligation or liability. |
8 |
| (6) The holder shall maintain insurance or provide |
9 |
| evidence of self insurance as required by an applicable |
10 |
| ordinance of the local unit of government. |
11 |
| (7) The holder shall reimburse all reasonable |
12 |
| make-ready expenses, including aerial and underground |
13 |
| installation expenses requested by the holder to the local |
14 |
| unit of government within thirty (30) days of billing to |
15 |
| the holder provided that such charges shall be at the same |
16 |
| rates as charges to others for the same or similar |
17 |
| services. |
18 |
| (8) The holder shall indemnify and hold harmless the |
19 |
| local unit of government and all boards, officers, |
20 |
| employees and representatives thereof from all claims, |
21 |
| demands, causes of action, liability, judgments, costs and |
22 |
| expenses or losses for injury or death to persons or damage |
23 |
| to property owned by, and Worker's Compensation claims |
24 |
| against any parties indemnified herein, arising out of, |
25 |
| caused by, or as a result of the holder's construction, |
26 |
| lines, cable, erection, maintenance, use or presence of, or |
|
|
|
SB0678 Enrolled |
- 45 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| removal of any poles, wires, conduit, appurtenances |
2 |
| thereto, or equipment or attachments thereto. The holder, |
3 |
| however, shall not indemnify the local unit of government |
4 |
| for any liabilities, damages, cost and expense resulting |
5 |
| from the willful misconduct or negligence of the local unit |
6 |
| of government, its officers, employees and agents. The |
7 |
| obligations imposed pursuant to this Section by a local |
8 |
| unit of government shall be competitively neutral. |
9 |
| (9) The holder, upon request, shall provide the local |
10 |
| unit of government with information describing the |
11 |
| location of the cable service or video service facilities |
12 |
| and equipment located in the unit of local government's |
13 |
| rights-of-way pursuant to its State-issued authorization. |
14 |
| If designated by the holder as confidential, such |
15 |
| information provided pursuant to this subsection shall be |
16 |
| exempt from inspection and copying under the Illinois |
17 |
| Freedom of Information Act, 5 ILCS 140/1 et seq., pursuant |
18 |
| to the exemption provided for under 5 ILCS 140/7(1)(mm) and |
19 |
| any other present or future exemptions applicable to such |
20 |
| information and shall not be disclosed by the unit of local |
21 |
| government to any third party without the written consent |
22 |
| of the holder. |
23 |
| (220 ILCS 5/21-1101 new) |
24 |
| Sec. 21-1101. Requirements to provide video services. |
25 |
| (a) The holder of a State-issued authorization shall not |
|
|
|
SB0678 Enrolled |
- 46 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| deny access to cable service or video service to any potential |
2 |
| residential subscribers because of the race or income of the |
3 |
| residents in the local area in which the potential subscribers |
4 |
| reside. |
5 |
| (b) If the holder is using telecommunications facilities to |
6 |
| provide cable or video service and has 1,000,000 or less |
7 |
| telecommunications access lines in this State, but more than |
8 |
| 300,000 telecommunications access lines in this State, the |
9 |
| holder shall: |
10 |
| (1) Provide access to its cable or video service to a |
11 |
| number of households equal to at least 25% of its |
12 |
| telecommunications access lines in this State within 3 |
13 |
| years after the date a holder receives a State-issued |
14 |
| authorization from the Commission and to a number not less |
15 |
| than 35% of these households within 5 years after the date |
16 |
| a holder receives a State-issued authorization from the |
17 |
| Commission; provided, however, that the holder of a |
18 |
| State-issued authorization is not required to meet the 35% |
19 |
| requirement in this subsection until 2 years after at least |
20 |
| 15% of the households with access to the holder's video |
21 |
| service subscribe to the service for 6 consecutive months. |
22 |
| The holder's obligation to provide such access in the State |
23 |
| shall be distributed, as the holder determines, within |
24 |
| three different designated market areas. |
25 |
| (2) Within 3 years after the date a holder receives a |
26 |
| State-issued authorization from the Commission at least |
|
|
|
SB0678 Enrolled |
- 47 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| 30% of the total households with access to the holder's |
2 |
| cable or video service shall be low-income. |
3 |
| Within each designated market area identified in |
4 |
| subsection (b)(1), the holder's obligation to offer |
5 |
| service to low-income households shall be measured by each |
6 |
| exchange, as that term is defined in Section 13-206 of the |
7 |
| Public Utilities Act, in which the holder chooses to |
8 |
| provide cable or video service. The holder is under no |
9 |
| obligation to serve or provide access to an entire |
10 |
| exchange; however, in addition to the statewide obligation |
11 |
| to provide low-income access provided by this Section, in |
12 |
| each exchange in which the holder chooses to provide cable |
13 |
| or video service, the holder shall provide access to a |
14 |
| percentage of low-income households that is at least equal |
15 |
| to the percentage of the total low-income households within |
16 |
| that exchange. |
17 |
| (3) The number of telecommunication access lines in |
18 |
| this Section shall be based on the number of access lines |
19 |
| that exist as of the effective date of this amendatory Act |
20 |
| of the 95th General Assembly. |
21 |
| (c) If the holder of a State-issued authorization is using |
22 |
| telecommunications facilities to provide cable or video |
23 |
| service and has more than 1,000,000 telecommunications access |
24 |
| lines in this State, the holder shall: |
25 |
| (1)(A) Provide access to its cable or video service to a |
26 |
| number of households equal to at least 35% of the households in |
|
|
|
SB0678 Enrolled |
- 48 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| the holder's telecommunications service area in the State |
2 |
| within 3 years after the date a holder receives a State-issued |
3 |
| authorization from the Commission and to a number not less than |
4 |
| 50% of these households within 5 years after the date a holder |
5 |
| receives a State-issued authorization from the Commission; |
6 |
| provided, however, that the holder of a State-issued |
7 |
| authorization is not required to meet the 50% requirement in |
8 |
| this subsection until 2 years after at least 15% of the |
9 |
| households with access to the holder's video service subscribe |
10 |
| to the service for 6 consecutive months. |
11 |
| The holder's obligation to provide such access in the State |
12 |
| shall be distributed, as the holder determines, within three |
13 |
| designated market areas, one in each of the northeastern, |
14 |
| central and southwestern portions of the holder's |
15 |
| telecommunications service area in the State. The designated |
16 |
| market area for the northeastern portion shall consist of two |
17 |
| separate and distinct reporting areas: i) a city with more than |
18 |
| 1,000,000 inhabitants, and ii) all other local units of |
19 |
| government on a combined basis within such designated market |
20 |
| area in which it offers video service. |
21 |
| (B) If any state, in which a holder subject to this |
22 |
| subsection (c) or one of its affiliates provides or seeks to |
23 |
| provide cable or video service, adopts a law permitting |
24 |
| state-issued authorization or statewide franchises to provide |
25 |
| cable or video service that requires a cable or video provider |
26 |
| to offer service to more than 35% of the households in the |
|
|
|
SB0678 Enrolled |
- 49 - |
LRB095 08411 DRH 28585 b |
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|
1 |
| cable or video provider's service area in that state within 3 |
2 |
| years, holders subject to this subsection (c) shall provide |
3 |
| service in this State to the same percentage of households |
4 |
| within 3 years of adoption of such law in that state. |
5 |
| Furthermore, if any state, in which a holder subject to |
6 |
| this subsection (c) or one of its affiliates provides or seeks |
7 |
| to provide cable or video service, adopts a law requiring a |
8 |
| holder of a state-issued authorization or statewide franchises |
9 |
| to offer cable or video service to more than 35% of its |
10 |
| households if less than 15% of the households with access to |
11 |
| the holder's video service subscribe to the service for 6 |
12 |
| consecutive months, then as a precondition to further |
13 |
| build-out, holders subject to this subsection (c) shall be |
14 |
| subject to the same percentage of service subscription in |
15 |
| meeting its obligation to provide service to 50% of the |
16 |
| households in this State.
|
17 |
| (2) Within 3 years after the date a holder receives a |
18 |
| State-issued authorization from the Commission at least 30% of |
19 |
| the total households with access to the holder's cable or video |
20 |
| service shall be low-income. |
21 |
| Within each designated market area listed in subsection |
22 |
| (c)(1), the holder's obligation to offer service to low-income |
23 |
| households shall be measured by each exchange, as that term is |
24 |
| defined in Section 13-206 of the Public Utilities Act in which |
25 |
| the holder chooses to provide cable or video service. The |
26 |
| holder is under no obligation to serve or provide access to an |
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|
SB0678 Enrolled |
- 50 - |
LRB095 08411 DRH 28585 b |
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|
1 |
| entire exchange; however, in addition to the statewide |
2 |
| obligation to provide low-income access provided by this |
3 |
| Section, in each exchange in which the holder chooses to |
4 |
| provide cable or video service, the holder shall provide access |
5 |
| to a percentage of low-income households that is at least equal |
6 |
| to the percentage of the total low-income households within |
7 |
| that exchange. |
8 |
| (d)(1) All other holders shall only provide access to one |
9 |
| or more exchanges, as that term is defined in Section 13-206 of |
10 |
| the Public Utilities Act, or to local units of government and |
11 |
| shall provide access to their cable or video service to a |
12 |
| number of households equal to 35% of the households in the |
13 |
| exchange or local unit of government within 3 years after the |
14 |
| date a holder receives a State-issued authorization from the |
15 |
| Commission and to a number not less than 50% of these |
16 |
| households within 5 years after the date a holder receives a |
17 |
| State-issued authorization from the Commission, provided, |
18 |
| however, that if the holder is an incumbent cable operator or |
19 |
| any successor-in-interest company, it shall be obligated to |
20 |
| provide access to cable or video services within the |
21 |
| jurisdiction of a local unit of government at the same levels |
22 |
| required by the local franchising authorities for that local |
23 |
| unit of government on the effective date of this amendatory Act |
24 |
| of the 95th General Assembly. |
25 |
| (2) Within 3 years after the date a holder receives a |
26 |
| State-issued authorization from the Commission, at least 30% of |
|
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|
SB0678 Enrolled |
- 51 - |
LRB095 08411 DRH 28585 b |
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|
1 |
| the total households with access to the holder's cable or video |
2 |
| service shall be low-income. |
3 |
| Within each designated exchange, as that term is defined in |
4 |
| Section 13-206 of the Public Utilities Act, or local unit of |
5 |
| government listed in subsection (d)(1), the holder's |
6 |
| obligation to offer service to low-income households shall be |
7 |
| measured by each exchange or local unit of government in which |
8 |
| the holder chooses to provide cable or video service. Except as |
9 |
| provided in subsection (d)(1), the holder is under no |
10 |
| obligation to serve or provide access to an entire exchange or |
11 |
| local unit of government; however, in addition to the statewide |
12 |
| obligation to provide low-income access provided by this |
13 |
| Section, in each exchange or local unit of government in which |
14 |
| the holder chooses to provide cable or video service, the |
15 |
| holder shall provide access to a percentage of low-income |
16 |
| households that is at least equal to the percentage of the |
17 |
| total low-income households within that exchange or local unit |
18 |
| of government. |
19 |
| (e) A holder subject to Section 21-1101(c) shall provide |
20 |
| wireline broadband service, defined as wireline service |
21 |
| capable of supporting, in at least one direction, a speed in |
22 |
| excess of 200 kilobits per second (kbps), to the network |
23 |
| demarcation point at the subscriber's premises, to a number of |
24 |
| households equal to 90% of the households in the holder's |
25 |
| telecommunications service area by December 31, 2008, or shall |
26 |
| pay within 30 days of December 31, 2008 a sum of $15,000,000 to |
|
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|
SB0678 Enrolled |
- 52 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| the Digital Divide Elimination Infrastructure Fund established |
2 |
| pursuant to Section 13-301.3 of Article XIII of this Act, or |
3 |
| any successor fund established by the General Assembly. In that |
4 |
| event the holder is required to make a payment pursuant to this |
5 |
| subsection, the holder shall have no further accounting for |
6 |
| this payment, which shall be used in any part of the State for |
7 |
| the purposes established in the Digital Divide Elimination |
8 |
| Infrastructure Fund or for broadband deployment. |
9 |
| (f) The holder of a State-issued authorization may satisfy |
10 |
| the requirements of subsections (b), (c) and (d) of this |
11 |
| Section through the use of any technology, which shall not |
12 |
| include direct-to-home satellite service, that offers service, |
13 |
| functionality, and content, which is demonstrably similar to |
14 |
| that provided through the holder's video service system. |
15 |
| (g) In any investigation into or complaint alleging that |
16 |
| the holder of a State-issued authorization has failed to meet |
17 |
| the requirements of this Section, the following factors may be |
18 |
| considered in justification or mitigation or as justification |
19 |
| for an extension of time to meet the requirements of |
20 |
| subsections (b), (c) and (d) of this Section: |
21 |
| (1) The inability to obtain access to public and |
22 |
| private rights-of-way under reasonable terms and |
23 |
| conditions. |
24 |
| (2) Barriers to competition arising from existing |
25 |
| exclusive service arrangements in developments or |
26 |
| buildings. |
|
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|
SB0678 Enrolled |
- 53 - |
LRB095 08411 DRH 28585 b |
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|
1 |
| (3) The inability to access developments or buildings |
2 |
| using reasonable technical solutions under commercially |
3 |
| reasonable terms and conditions. |
4 |
| (4) Natural disasters. |
5 |
| (5) Other factors beyond the control of the holder. |
6 |
| (h) If the holder relies on the factors identified in |
7 |
| subsection (g) in response to an investigation or complaint, |
8 |
| the holder shall demonstrate: |
9 |
| (1) what substantial effort the holder of a |
10 |
| State-issued authorization has taken to meet the |
11 |
| requirements of subsections (a), (b) or (c) of this |
12 |
| Section; |
13 |
| (2) which portions of subsection (g) of this Section |
14 |
| apply; and |
15 |
| (3) the number of days it has been delayed or the |
16 |
| requirements it cannot perform as a consequence of |
17 |
| subsection (g) of this Section. |
18 |
| (i) The factors in subsection (g) may be considered by the |
19 |
| Attorney General or by a court of competent jurisdiction in |
20 |
| determining whether the holder is in violation of this Article. |
21 |
| (j) Every holder of a State-issued authorization, no later |
22 |
| than April 1, 2009, and annually no later than April 1 |
23 |
| thereafter, shall report to the Commission for each of the |
24 |
| service areas as described in subsections (b), (c) and (d) of |
25 |
| this Section in which it provides access to its video service |
26 |
| in the State, the following information: |
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|
SB0678 Enrolled |
- 54 - |
LRB095 08411 DRH 28585 b |
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|
1 |
| (1) Cable Service and Video Service Information: |
2 |
| (A) The number of households in the holder's |
3 |
| telecommunications service area within each designated |
4 |
| market area as described in subsections (b) and (c) of |
5 |
| this Section or exchange or local unit of government as |
6 |
| described in subsection (d) of this Section in which it |
7 |
| offers video service. |
8 |
| (B) The number of households in the holder's |
9 |
| telecommunications service area within each designated |
10 |
| market area as described in subsections (b) and (c) of |
11 |
| this Section or exchange or local unit of government as |
12 |
| described in subsection (d) of this Section that are |
13 |
| offered access to video service by the holder. |
14 |
| (C) The number of households in the holder's |
15 |
| telecommunications service area in the State. |
16 |
| (D) The number of households in the holder's |
17 |
| telecommunications service area in the State that are |
18 |
| offered access to video service by the holder. |
19 |
| (2) Low-Income Household Information: |
20 |
| (A) The number of low-income households in the |
21 |
| holder's telecommunications service area within each |
22 |
| designated market area as described in subsections (b) |
23 |
| and (c) of this Section, as further identified in terms |
24 |
| of exchanges, or exchange or local unit of government |
25 |
| as described in subsection (d) of this Section, in |
26 |
| which it offers video service. |
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|
SB0678 Enrolled |
- 55 - |
LRB095 08411 DRH 28585 b |
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|
1 |
| (B) The number of low-income households in the |
2 |
| holder's telecommunications service area within each |
3 |
| designated market area as described in subsections (b) |
4 |
| and (c) of this Section, as further identified in terms |
5 |
| of exchanges, or exchange or local unit of government |
6 |
| as described in subsection (d) of this Section in the |
7 |
| State, that are offered access to video service by the |
8 |
| holder. |
9 |
| (C) The number of low-income households in the |
10 |
| holder's telecommunications service area in the State. |
11 |
| (D) The number of low-income households in the |
12 |
| holder's telecommunications service area in the State |
13 |
| that are offered access to video service by the holder. |
14 |
| (k) The Commission, within 30 days of receiving the first |
15 |
| report from holders under this Section, and annually no later |
16 |
| than July 1 thereafter, shall submit to the General Assembly a |
17 |
| report that includes, based on year-end data, the information |
18 |
| submitted by holders pursuant to subsections (j)(1) and (j)(2) |
19 |
| of this Section. The Commission shall make this report |
20 |
| available to any member of the public or any local unit of |
21 |
| government upon request. All information submitted to the |
22 |
| Commission and designated by holders as confidential and |
23 |
| proprietary shall be subject to the disclosure provisions in |
24 |
| Section 21-401(c). No individually identifiable customer |
25 |
| information shall be subject to public disclosure. |
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|
SB0678 Enrolled |
- 56 - |
LRB095 08411 DRH 28585 b |
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|
1 |
| (220 ILCS 5/21-1201 new) |
2 |
| Sec. 21-1201. Multiple-unit dwellings-Interference with |
3 |
| Holder Prohibited. |
4 |
| (a) Neither the owner of any multiple-unit residential |
5 |
| dwelling nor an agent or representative shall unreasonably |
6 |
| interfere with the right of any tenant or lawful resident |
7 |
| thereof to receive cable service or video service installation |
8 |
| or maintenance from a holder of a State-issued authorization; |
9 |
| provided, however, the owner, agent or representative may |
10 |
| require just and reasonable compensation from the holder for |
11 |
| its access to and use of such property to provide installation, |
12 |
| operation, maintenance, or removal of such cable service or |
13 |
| video service. |
14 |
| (b) Neither the owner of any multiple-unit residential |
15 |
| dwelling nor an agent or representative shall ask, demand or |
16 |
| receive any additional payment, service or gratuity in any form |
17 |
| from any tenant or lawful resident thereof as a condition for |
18 |
| permitting or cooperating with the installation of a cable |
19 |
| service or video service to the dwelling unit occupied by a |
20 |
| tenant or resident requesting such service. |
21 |
| (c) Neither the owner of any multiple-unit residential |
22 |
| dwelling nor an agent or representative shall penalize, charge |
23 |
| or surcharge a tenant or resident, or forfeit or threaten to |
24 |
| forfeit any right of such tenant or resident, or discriminate |
25 |
| in any way against such tenant or resident who requests or |
26 |
| receives cable service or video service from a holder. |
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|
SB0678 Enrolled |
- 57 - |
LRB095 08411 DRH 28585 b |
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|
1 |
| (d) Nothing in this Section shall prohibit the owner of any |
2 |
| multiple-unit residential dwelling nor an agent or |
3 |
| representative from requiring that a holder's facilities |
4 |
| conform to reasonable conditions necessary to protect safety, |
5 |
| functioning, appearance, and value of premises or the |
6 |
| convenience and safety of persons or property. |
7 |
| (e) The owner of any multiple-unit residential dwelling or |
8 |
| an agent or representative may require a holder to agree to |
9 |
| indemnify the owner, or his agents or representatives, for |
10 |
| damages or from liability for damages caused by the |
11 |
| installation, operation, maintenance or removal of cable |
12 |
| service or video service facilities. |
13 |
| (220 ILCS 5/21-1301 new) |
14 |
| Sec. 21-1301. Enforcement, Penalties. |
15 |
| (a) The Attorney General is responsible for administering |
16 |
| and ensuring holders' compliance with this Article, provided |
17 |
| that nothing in this Article shall deprive local units of |
18 |
| government of the right to enforce applicable rights and |
19 |
| obligations. |
20 |
| (b) The Attorney General may conduct an investigation |
21 |
| regarding possible violations by holders of this Article |
22 |
| including, without limitation, the issuance of subpoenas to: |
23 |
| (1) require the holder to file a statement or report or |
24 |
| to answer interrogatories in writing as to all information |
25 |
| relevant to the alleged violations; |
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|
SB0678 Enrolled |
- 58 - |
LRB095 08411 DRH 28585 b |
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|
1 |
| (2) examine, under oath, any person who possesses |
2 |
| knowledge or information related to the alleged |
3 |
| violations; and |
4 |
| (3) examine any record, book, document, account, or |
5 |
| paper related to the alleged violation. |
6 |
| (c) If the Attorney General determines that there is a |
7 |
| reason to believe that a holder has violated or is about to |
8 |
| violate this Article, the Attorney General may bring an action |
9 |
| in a court of competent jurisdiction in the name of the People |
10 |
| of the State against the holder to obtain temporary, |
11 |
| preliminary, or permanent injunctive relief and civil |
12 |
| penalties for any act, policy, or practice by the holder that |
13 |
| violates this Article. |
14 |
| (d) If a court orders a holder to make payments to the |
15 |
| Attorney General and the payments are to be used for the |
16 |
| operations of the Office of the Attorney General or if a holder |
17 |
| agrees to make payments to the Attorney General for the |
18 |
| operations of the Office of the Attorney General as part of an |
19 |
| Assurance of Voluntary Compliance, then the moneys paid under |
20 |
| any of the conditions described in this subsection shall be |
21 |
| deposited into the Attorney General Court Ordered and Voluntary |
22 |
| Compliance Payment Projects Fund. Moneys in the Fund shall be |
23 |
| used, subject to appropriation, for the performance of any |
24 |
| function pertaining to the exercise of the duties to the |
25 |
| Attorney General including, but not limited to, enforcement of |
26 |
| any law of this State and conducting public education programs; |
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|
|
SB0678 Enrolled |
- 59 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| however, any moneys in the Fund that are required by the court |
2 |
| to be used for a particular purpose shall be used for that |
3 |
| purpose. |
4 |
| (e) In an action against a holder brought pursuant to this |
5 |
| Article, the Attorney General may seek the assessment of one or |
6 |
| more of the following civil monetary penalties in any action |
7 |
| filed under this Article where the holder violates this Article |
8 |
| and does not remedy the violation within 30 days of notice by |
9 |
| the Attorney General: |
10 |
| (1) Any holder that violates or fails to comply with |
11 |
| any of the provisions of this Article or of its |
12 |
| State-issued authorization shall be subject to a civil |
13 |
| penalty of up to $30,000 for each and every offense, or |
14 |
| .00825% of the holder's gross revenues, as defined in |
15 |
| Section 21-801, whichever is greater. Every violation of |
16 |
| the provisions of this Article by a holder is a separate |
17 |
| and distinct offense, provided, however, that if the same |
18 |
| act or omission violates more than one provision of this |
19 |
| Article, only one penalty or cumulative penalty may be |
20 |
| imposed for such act or omission. In case of a continuing |
21 |
| violation, each day's continuance thereof shall be a |
22 |
| separate and distinct offense, provided, however, that the |
23 |
| cumulative penalty for any continuing violation shall not |
24 |
| exceed $500,000 per year, and provided further that these |
25 |
| limits shall not apply where the violation was intentional |
26 |
| and either (i) created substantial risk to the safety of |
|
|
|
SB0678 Enrolled |
- 60 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| the cable service or video service provider's employees or |
2 |
| customers or the public or (ii) was intended to cause |
3 |
| economic benefits to accrue to the violator. |
4 |
| (2) The holder's State-issued authorization may be |
5 |
| suspended or revoked if the holder fails to comply with the |
6 |
| provisions of this Article after a reasonable time to |
7 |
| achieve compliance has passed. |
8 |
| (3) If the holder is in violation of Section 21-1101, |
9 |
| in addition to any other remedies provided by law, a fine |
10 |
| not to exceed 3% of the holder's total monthly gross |
11 |
| revenue as that term is defined in this Article, shall be |
12 |
| imposed for each month from the date of violation until the |
13 |
| date that compliance is achieved. |
14 |
| (4) Nothing in this Section shall limit or affect the |
15 |
| powers of the Attorney General to enforce the provisions of |
16 |
| the Cable and Video Customer Protection Law, 220 ILCS |
17 |
| 5/70-501 new, or the Consumer Fraud and Deceptive Business |
18 |
| Practices Act, 815 ILCS 505. |
19 |
| (220 ILCS 5/21-1401 new) |
20 |
| Sec. 21-1401. Home rule. |
21 |
| (a) The provisions of this Article are a limitation of home |
22 |
| rule powers under subsection (i) of Section 6 of Article VII of |
23 |
| the Illinois Constitution. |
24 |
| (b) Nothing in this Article shall be construed to limit or |
25 |
| deny a home rule unit's power to tax as set forth in Section 6 |
|
|
|
SB0678 Enrolled |
- 61 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| of Article VII of the Illinois Constitution. |
2 |
| (220 ILCS 5/21-1501 new)
|
3 |
| Sec. 21-1501. Except as otherwise provided in this Article, |
4 |
| this Article shall be enforced only by a court of competent |
5 |
| jurisdiction. |
6 |
| (220 ILCS 5/21-1601 new)
|
7 |
| Sec. 21-1601. Repealer. This Article is repealed October 1, |
8 |
| 2013. |
9 |
| Section 15-7. The Illinois Administrative Procedure Act is |
10 |
| amended by changing Section 1-5 as follows:
|
11 |
| (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
|
12 |
| Sec. 1-5. Applicability.
|
13 |
| (a) This Act applies to every agency as defined in this |
14 |
| Act.
Beginning January 1, 1978, in case of conflict between the |
15 |
| provisions of
this Act and the Act creating or conferring power |
16 |
| on an agency, this Act
shall control. If, however, an agency |
17 |
| (or its predecessor in the case of
an agency that has been |
18 |
| consolidated or reorganized) has existing procedures
on July 1, |
19 |
| 1977, specifically for contested cases or licensing, those |
20 |
| existing
provisions control, except that this exception |
21 |
| respecting contested
cases and licensing does not apply if the |
22 |
| Act creating or conferring
power on the agency adopts by |
|
|
|
SB0678 Enrolled |
- 62 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| express reference the provisions of this
Act. Where the Act |
2 |
| creating or conferring power on an agency
establishes |
3 |
| administrative procedures not covered by this Act, those
|
4 |
| procedures shall remain in effect.
|
5 |
| (b) The provisions of this Act do not apply to (i) |
6 |
| preliminary
hearings, investigations, or practices where no |
7 |
| final determinations
affecting State funding are made by the |
8 |
| State Board of Education, (ii) legal
opinions issued under |
9 |
| Section 2-3.7 of the School Code, (iii) as to State
colleges |
10 |
| and universities, their disciplinary and grievance |
11 |
| proceedings,
academic irregularity and capricious grading |
12 |
| proceedings, and admission
standards and procedures, and (iv) |
13 |
| the class specifications for positions
and individual position |
14 |
| descriptions prepared and maintained under the
Personnel Code. |
15 |
| Those class specifications shall, however, be made
reasonably |
16 |
| available to the public for inspection and copying. The
|
17 |
| provisions of this Act do not apply to hearings under Section |
18 |
| 20 of the
Uniform Disposition of Unclaimed Property Act.
|
19 |
| (c) Section 5-35 of this Act relating to procedures for |
20 |
| rulemaking
does not apply to the following:
|
21 |
| (1) Rules adopted by the Pollution Control Board that, |
22 |
| in accordance
with Section 7.2 of the Environmental |
23 |
| Protection Act, are identical in
substance to federal |
24 |
| regulations or amendments to those regulations
|
25 |
| implementing the following: Sections 3001, 3002, 3003, |
26 |
| 3004, 3005, and 9003
of the Solid Waste Disposal Act; |
|
|
|
SB0678 Enrolled |
- 63 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| Section 105 of the Comprehensive Environmental
Response, |
2 |
| Compensation, and Liability Act of 1980; Sections 307(b), |
3 |
| 307(c),
307(d), 402(b)(8), and 402(b)(9) of the Federal |
4 |
| Water Pollution Control
Act; and Sections 1412(b), |
5 |
| 1414(c), 1417(a), 1421, and 1445(a) of the Safe
Drinking |
6 |
| Water Act.
|
7 |
| (2) Rules adopted by the Pollution Control Board that |
8 |
| establish or
amend standards for the emission of |
9 |
| hydrocarbons and carbon monoxide from
gasoline powered |
10 |
| motor vehicles subject to inspection under Section 13A-105
|
11 |
| of the Vehicle Emissions Inspection Law and rules adopted |
12 |
| under Section 13B-20
of the Vehicle Emissions Inspection |
13 |
| Law of 1995.
|
14 |
| (3) Procedural rules adopted by the Pollution Control |
15 |
| Board governing
requests for exceptions under Section 14.2 |
16 |
| of the Environmental Protection Act.
|
17 |
| (4) The Pollution Control Board's grant, pursuant to an
|
18 |
| adjudicatory determination, of an adjusted standard for |
19 |
| persons who can
justify an adjustment consistent with |
20 |
| subsection (a) of Section 27 of
the Environmental |
21 |
| Protection Act.
|
22 |
| (5) Rules adopted by the Pollution Control Board that |
23 |
| are identical in
substance to the regulations adopted by |
24 |
| the Office of the State Fire
Marshal under clause (ii) of |
25 |
| paragraph (b) of subsection (3) of Section 2
of the |
26 |
| Gasoline Storage Act.
|
|
|
|
SB0678 Enrolled |
- 64 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| (d) Pay rates established under Section 8a of the Personnel |
2 |
| Code
shall be amended or repealed pursuant to the process set |
3 |
| forth in Section
5-50 within 30 days after it becomes necessary |
4 |
| to do so due to a conflict
between the rates and the terms of a |
5 |
| collective bargaining agreement
covering the compensation of |
6 |
| an employee subject to that Code.
|
7 |
| (e) Section 10-45 of this Act shall not apply to any |
8 |
| hearing, proceeding,
or investigation conducted under Section |
9 |
| 13-515 of the Public Utilities Act.
|
10 |
| (f) Article 10 of this Act does not apply to any hearing, |
11 |
| proceeding, or
investigation conducted by the State Council for |
12 |
| the State of Illinois created
under Section 3-3-11.05 of the |
13 |
| Unified Code of Corrections or by the Interstate
Commission
|
14 |
| Commision for Adult Offender Supervision created under the
|
15 |
| Interstate Compact for Adult Offender Supervision.
|
16 |
| (g) This Act is subject to the provisions of Article XXI of
|
17 |
| the Public Utilities Act. To the extent that any provision of
|
18 |
| this Act conflicts with the provisions of that Article XXI, the
|
19 |
| provisions of that Article XXI control.
|
20 |
| (Source: P.A. 92-571, eff. 6-26-02; revised 7-25-02.)
|
21 |
| Section 15-10. The Attorney General Act is amended by |
22 |
| changing Section 6.5 as follows:
|
23 |
| (15 ILCS 205/6.5)
|
24 |
| Sec. 6.5. Consumer Utilities Unit.
|
|
|
|
SB0678 Enrolled |
- 65 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| (a) The General Assembly finds that
the health, welfare, |
2 |
| and prosperity of all Illinois citizens,
and the public's |
3 |
| interest in adequate, safe, reliable, cost-effective electric, |
4 |
| natural gas, water,
cable, video, and telecommunications |
5 |
| services, requires effective public
representation by the |
6 |
| Attorney General to protect the rights
and interests of the |
7 |
| public in the provision of all elements
of electric, natural |
8 |
| gas, water, cable, video, and telecommunications service both |
9 |
| during and after
the
transition to a
competitive market, and |
10 |
| that to ensure that the benefits of
competition in the |
11 |
| provision of electric, natural gas, water, cable, video, and |
12 |
| telecommunications
services to all
consumers are attained, |
13 |
| there shall be created within the
Office of the Attorney |
14 |
| General a Consumer Utilities Unit.
|
15 |
| (b) As used in this Section:
"Electric services" means |
16 |
| services sold by an electric
service provider.
"Electric |
17 |
| service provider" shall mean anyone who sells,
contracts to |
18 |
| sell, or markets electric power, generation,
distribution, |
19 |
| transmission, or services (including
metering and billing) in |
20 |
| connection therewith. Electric
service providers shall include |
21 |
| any electric utility and any
alternative retail electric |
22 |
| supplier as defined in
Section 16-102 of the Public Utilities |
23 |
| Act.
|
24 |
| (b-5) As used in this Section: "Telecommunications |
25 |
| services" means
services sold by a telecommunications carrier, |
26 |
| as provided for in Section
13-203 of the Public Utilities Act. |
|
|
|
SB0678 Enrolled |
- 66 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| "Telecommunications carrier" means anyone
who sells, contracts |
2 |
| to sell, or markets telecommunications services, whether
|
3 |
| noncompetitive or competitive, including access services, |
4 |
| interconnection
services, or any services in connection |
5 |
| therewith. Telecommunications carriers
include any carrier as |
6 |
| defined in Section 13-202 of the Public Utilities Act.
|
7 |
| (b-10) As used in this Section: "natural gas services" |
8 |
| means natural gas services sold by a "gas utility" or by an |
9 |
| "alternative gas supplier", as those terms are defined in |
10 |
| Section 19-105 of the Public Utilities Act. |
11 |
| (b-15) As used in this Section: "water services" means |
12 |
| services sold by any corporation, company, limited liability |
13 |
| company, association, joint stock company or association, |
14 |
| firm, partnership, or individual, its lessees, trustees, or |
15 |
| receivers appointed by any court and that owns, controls, |
16 |
| operates, or manages within this State, directly or indirectly, |
17 |
| for public use, any plant, equipment, or property used or to be |
18 |
| used for or in connection with (i) the production, storage, |
19 |
| transmission, sale, delivery, or furnishing of water or (ii) |
20 |
| the treatment, storage, transmission, disposal, sale of |
21 |
| services, delivery, or furnishing of sewage or sewage services.
|
22 |
| (b-20) As used in this Section: "cable service and video |
23 |
| service" means services sold by anyone who sells, contracts to |
24 |
| sell or markets cable services or video services pursuant to a |
25 |
| State-issued authorization under the Cable and Video |
26 |
| Competition Law of 2007.
|
|
|
|
SB0678 Enrolled |
- 67 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| (c) There
is created within the Office of the Attorney |
2 |
| General a
Consumer Utilities Unit, consisting of Assistant |
3 |
| Attorneys
General appointed by the Attorney General, who, |
4 |
| together with
such other staff as is deemed necessary by the |
5 |
| Attorney
General, shall have the power and duty on behalf of |
6 |
| the people
of the State to intervene in, initiate, enforce, and |
7 |
| defend
all legal proceedings on matters relating to the |
8 |
| provision,
marketing, and sale of electric, natural gas, water,
|
9 |
| and telecommunications service whenever the
Attorney
General |
10 |
| determines that such action is necessary to promote or
protect |
11 |
| the rights and interests of all Illinois citizens,
classes of |
12 |
| customers, and users of electric, natural gas, water, and |
13 |
| telecommunications
services.
|
14 |
| (d) In addition to the
investigative and enforcement powers |
15 |
| available to the Attorney
General, including without |
16 |
| limitation those under the Consumer
Fraud and Deceptive |
17 |
| Business Practices Act, the Illinois
Antitrust Act, and any |
18 |
| other law of this State, the Attorney General shall be a party |
19 |
| as a
matter of right to all proceedings, investigations, and
|
20 |
| related matters involving the provision of electric, natural |
21 |
| gas, water, and telecommunications services
before the |
22 |
| Illinois Commerce
Commission, the courts, and other public |
23 |
| bodies. Upon request, the Office of the Attorney General shall |
24 |
| have access to and the use of all files, records,
data, and |
25 |
| documents in the possession or control of
the
Commission. The |
26 |
| Office of the Attorney General may use information obtained |
|
|
|
SB0678 Enrolled |
- 68 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| under this Section, including information that is designated as |
2 |
| and that qualifies for confidential treatment, which |
3 |
| information the Attorney General's office shall maintain as |
4 |
| confidential, to be used for law enforcement
purposes only, |
5 |
| which information may be shared with other law
enforcement |
6 |
| officials. Nothing in this
Section is intended to
take away or |
7 |
| limit any of the powers the Attorney General has
pursuant to |
8 |
| common law or other statutory law.
|
9 |
| (Source: P.A. 94-291, eff. 7-21-05.)
|
10 |
| Section 15-15. The Counties Code is amended by changing |
11 |
| Section 5-1095 and by adding Section 5-1096.5 as follows:
|
12 |
| (55 ILCS 5/5-1095) (from Ch. 34, par. 5-1095)
|
13 |
| Sec. 5-1095. Community antenna television systems; |
14 |
| satellite
transmitted television programming.
|
15 |
| (a) The County Board may license,
tax or franchise the |
16 |
| business of operating a community antenna television
system or |
17 |
| systems within the County and outside of a municipality, as
|
18 |
| defined in Section 1-1-2 of the Illinois Municipal Code.
|
19 |
| When an area is annexed to a municipality, the annexing |
20 |
| municipality
shall thereby become the franchising authority |
21 |
| with respect to that portion
of any community antenna |
22 |
| television system that, immediately before
annexation, had |
23 |
| provided cable television services within the annexed area
|
24 |
| under a franchise granted by the county, and the owner of that |
|
|
|
SB0678 Enrolled |
- 69 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| community
antenna television system shall thereby be |
2 |
| authorized to provide cable
television services within the |
3 |
| annexed area under the terms and provisions
of the existing |
4 |
| franchise. In that instance, the franchise shall remain in
|
5 |
| effect until, by its terms, it expires, except that any |
6 |
| franchise fees
payable under the franchise shall be payable |
7 |
| only to the county for a
period of 5 years or until, by its |
8 |
| terms, the franchise expires, whichever
occurs first. After the |
9 |
| 5 year period, any franchise fees payable under
the franchise |
10 |
| shall be paid to the annexing municipality. In any
instance in |
11 |
| which a duly franchised community antenna television system is
|
12 |
| providing cable television services within the annexing |
13 |
| municipality at the
time of annexation, the annexing |
14 |
| municipality may permit that
franchisee to extend its community |
15 |
| antenna television system to the annexed
area under terms and |
16 |
| conditions that are no more burdensome nor less
favorable to |
17 |
| that franchisee than those imposed under any community antenna
|
18 |
| television franchise applicable to the annexed area at the time |
19 |
| of annexation.
The authorization to extend cable television |
20 |
| service to the annexed area and
any community antenna |
21 |
| television system authorized to provide cable television
|
22 |
| services within the annexed area at the time of annexation |
23 |
| shall not be subject
to the provisions of subsection (e) of |
24 |
| this Section.
|
25 |
| (b) "Community antenna television system" as used in this |
26 |
| Section, means
any facility which is constructed in whole or in |
|
|
|
SB0678 Enrolled |
- 70 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| part in, on, under or
over any highway or other public place |
2 |
| and which is operated to perform
for hire the service of |
3 |
| receiving and amplifying the signals broadcast
by one or more |
4 |
| television stations and redistributing such signals by
wire, |
5 |
| cable or other means to members of the public who subscribe to
|
6 |
| such service except that such term does not include (i) any |
7 |
| system which
serves fewer than 50 subscribers or (ii) any |
8 |
| system which serves only
the residents of one or more apartment |
9 |
| dwellings under common ownership,
control or management, and |
10 |
| commercial establishments located on the
premises of such |
11 |
| dwellings.
|
12 |
| (c) The authority hereby granted does not include the |
13 |
| authority to
license or franchise telephone companies subject |
14 |
| to the jurisdiction of
the Illinois Commerce Commission or the |
15 |
| Federal Communications
Commission in connection with |
16 |
| furnishing circuits, wires, cables or
other facilities to the |
17 |
| operator of a community antenna television
system.
|
18 |
| (c-1) Each franchise entered into by a county and a |
19 |
| community antenna television system shall include the customer |
20 |
| service and privacy standards and protections contained in the |
21 |
| Cable and Video Customers Protection Law. A franchise may not |
22 |
| contain different penalties, consumer service and privacy |
23 |
| standards and protections. Each franchise entered into by a |
24 |
| county and a community antenna television system before the |
25 |
| effective date of this amendatory Act of the 95th General |
26 |
| Assembly shall be amended by this Section to incorporate the |
|
|
|
SB0678 Enrolled |
- 71 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| penalty provisions, customer service and privacy standards and |
2 |
| protections contained in the Cable and Video Customers |
3 |
| Protection Law.
|
4 |
| The County Board may, in the course of franchising such |
5 |
| community antenna
television system, grant to such franchisee |
6 |
| the authority and the right
and permission to use all public |
7 |
| streets, rights of way, alleys, ways for
public service |
8 |
| facilities, parks, playgrounds, school grounds, or other
|
9 |
| public grounds, in which such county may have an interest, for |
10 |
| the
construction, installation, operation, maintenance, |
11 |
| alteration, addition,
extension or improvement of a community |
12 |
| antenna television system.
|
13 |
| Any charge imposed by a community antenna television system |
14 |
| franchised
pursuant to this Section for the raising or removal |
15 |
| of cables or lines to
permit passage on, to or from a street |
16 |
| shall not exceed the reasonable
costs of work reasonably |
17 |
| necessary to safely permit such passage. Pursuant
to |
18 |
| subsections (h) and (i) of Section 6 of Article VII of the |
19 |
| Constitution
of the State of Illinois, the General Assembly |
20 |
| declares the regulation of
charges which may be imposed by |
21 |
| community antenna television systems for
the raising or removal |
22 |
| of cables or lines to permit passage on, to or from
streets is |
23 |
| a power or function to be exercised exclusively by the State |
24 |
| and
not to be exercised or performed concurrently with the |
25 |
| State by any unit of
local government, including any home rule |
26 |
| unit.
|
|
|
|
SB0678 Enrolled |
- 72 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| The County Board 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 granting |
4 |
| an easement right no greater than 8 feet in width,
extending no |
5 |
| greater than 8 feet from any lot line for the purpose of
|
6 |
| extending cable across any parcel of property in the manner |
7 |
| provided for by
the law of eminent domain, provided, however, |
8 |
| such franchisee deposits with
the county sufficient security to |
9 |
| pay all costs incurred by the county in
the exercise of its |
10 |
| right of eminent domain.
|
11 |
| Except as specifically provided otherwise in this Section, |
12 |
| this
Section is not a limitation on any home rule county.
|
13 |
| (d) The General Assembly finds and declares that |
14 |
| satellite-transmitted
television programming should be |
15 |
| available to those who desire to subscribe
to such programming |
16 |
| and that decoding devices should be obtainable at
reasonable |
17 |
| prices by those who are unable to obtain satellite-transmitted
|
18 |
| television programming through duly franchised community |
19 |
| antenna television
systems.
|
20 |
| In any instance in which a person is unable to obtain
|
21 |
| satellite-transmitted television programming through a duly |
22 |
| franchised
community antenna television system either because |
23 |
| the municipality and
county in which such person resides has |
24 |
| not granted a franchise to operate
and maintain a community |
25 |
| antenna television system, or because the duly
franchised |
26 |
| community antenna television system operator does not make |
|
|
|
SB0678 Enrolled |
- 73 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| cable
television services available to such person, any |
2 |
| programming company that
delivers satellite-transmitted |
3 |
| television programming in scrambled or
encrypted form shall |
4 |
| ensure that devices for decryption of such programming
are made |
5 |
| available to such person, through the local community antenna
|
6 |
| television operator or directly, for purchase or lease at |
7 |
| prices reasonably
related to the cost of manufacture and |
8 |
| distribution of such devices.
|
9 |
| (e) The General Assembly finds and declares that, in order |
10 |
| to ensure that
community antenna television services are |
11 |
| provided in an orderly,
competitive and economically sound |
12 |
| manner, the best interests of the public
will be served by the |
13 |
| establishment of certain minimum standards and
procedures for |
14 |
| the granting of additional cable television franchises.
|
15 |
| Subject to the provisions of this subsection, the authority
|
16 |
| granted under subsection (a) hereof shall include the authority |
17 |
| to license,
franchise and tax more than one cable operator to |
18 |
| provide community antenna
television services within the |
19 |
| territorial limits of a single franchising
authority. For |
20 |
| purposes of this subsection (e), the term:
|
21 |
| (i) "Existing cable television franchise" means a |
22 |
| community antenna
television franchise granted by a county |
23 |
| which is in use at the time
such county receives an |
24 |
| application or request by another cable
operator for a |
25 |
| franchise to provide cable antenna television services
|
26 |
| within all or any portion of the territorial area which is |
|
|
|
SB0678 Enrolled |
- 74 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| or may be served
under the existing cable television |
2 |
| franchise.
|
3 |
| (ii) "Additional cable television franchise" means a |
4 |
| franchise pursuant
to which community antenna television |
5 |
| services may be provided within the
territorial areas, or |
6 |
| any portion thereof, which may be served under an
existing |
7 |
| cable television franchise.
|
8 |
| (iii) "Franchising Authority" is defined as that term |
9 |
| is defined under
Section 602(9) of the Cable Communications |
10 |
| Policy Act of 1984, Public Law
98-549.
|
11 |
| (iv) "Cable operator" is defined as that term is |
12 |
| defined under Section
602(4) of the Cable Communications |
13 |
| Policy Act of 1984, Public Law 98-549.
|
14 |
| Before granting an additional cable television franchise, |
15 |
| the franchising
authority shall:
|
16 |
| (1) Give written notice to the owner or operator of any |
17 |
| other community
antenna television system franchised to |
18 |
| serve all or any portion of the
territorial area to be |
19 |
| served by such additional cable television
franchise, |
20 |
| identifying the applicant for such additional franchise |
21 |
| and
specifying the date, time and place at which the |
22 |
| franchising authority
shall conduct public hearings to |
23 |
| consider and determine whether such
additional cable |
24 |
| television franchise should be granted.
|
25 |
| (2) Conduct a public hearing to determine the public |
26 |
| need for such
additional cable television franchise, the |
|
|
|
SB0678 Enrolled |
- 75 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| capacity of public rights-of-way
to accommodate such |
2 |
| additional community antenna television services, the
|
3 |
| potential disruption to existing users of public |
4 |
| rights-of-way to be used
by such additional franchise |
5 |
| applicant to complete construction and to
provide cable |
6 |
| television services within the proposed franchise area, |
7 |
| the
long term economic impact of such additional cable |
8 |
| television system within
the community, and such other |
9 |
| factors as the franchising authority shall
deem |
10 |
| appropriate.
|
11 |
| (3) Determine, based upon the foregoing factors, |
12 |
| whether it is in the
best interest of the county to grant |
13 |
| such additional cable
television franchise.
|
14 |
| (4) If the franchising authority shall determine that |
15 |
| it is in the
best
interest
of the county to do so, it may |
16 |
| grant the additional cable
television franchise. Except as |
17 |
| provided in paragraph (5) of this subsection
(e), no such |
18 |
| additional cable television
franchise shall be granted |
19 |
| under terms or conditions more favorable or less
burdensome |
20 |
| to the applicant than those required under the existing |
21 |
| cable
television franchise, including but not limited to |
22 |
| terms and conditions
pertaining to the territorial extent |
23 |
| of the franchise, system design,
technical performance |
24 |
| standards, construction schedules, performance bonds,
|
25 |
| standards for construction and installation of cable |
26 |
| television facilities,
service to subscribers, public |
|
|
|
SB0678 Enrolled |
- 76 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| educational and governmental access channels
and |
2 |
| programming, production assistance, liability and |
3 |
| indemnification, and
franchise fees.
|
4 |
| (5) Unless the existing cable television franchise |
5 |
| provides that any
additional cable television franchise |
6 |
| shall be subject to the same terms or
substantially |
7 |
| equivalent terms and conditions as those of the existing |
8 |
| cable
television franchise, the franchising authority may |
9 |
| grant an additional cable
television franchise under |
10 |
| different terms and conditions than those of the
existing |
11 |
| franchise, in which event the franchising authority shall |
12 |
| enter into
good faith negotiations with the existing |
13 |
| franchisee and shall, within 120 days
after the effective |
14 |
| date of the additional cable television franchise, modify
|
15 |
| the existing cable television franchise in a manner and to |
16 |
| the extent necessary
to ensure that neither the existing |
17 |
| cable television franchise nor the
additional cable |
18 |
| television
franchise, each considered in its entirety, |
19 |
| provides a competitive advantage
over the other, provided |
20 |
| that prior to modifying the existing cable television
|
21 |
| franchise, the franchising authority shall have conducted |
22 |
| a public hearing to
consider the proposed modification.
No |
23 |
| modification in the terms and
conditions of the existing |
24 |
| cable television franchise shall oblige the existing
cable |
25 |
| television franchisee (1) to make any additional payment to |
26 |
| the
franchising authority, including the payment of any |
|
|
|
SB0678 Enrolled |
- 77 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| additional franchise fee,
(2) to engage in any
additional |
2 |
| construction of the existing cable television system or, |
3 |
| (3) to
modify the specifications or design of the existing |
4 |
| cable television system;
and the inclusion of the factors |
5 |
| identified in items (2) and (3) shall not be
considered in |
6 |
| determining whether either franchise considered in its |
7 |
| entirety,
has a competitive advantage over the other except |
8 |
| to the extent that the
additional franchisee provides |
9 |
| additional video or data services or the
equipment or |
10 |
| facilities necessary to generate and or carry such service.
|
11 |
| No modification in the terms and
conditions of the existing |
12 |
| cable television franchise shall be made if the
existing |
13 |
| cable television franchisee elects to continue to operate |
14 |
| under all
terms and conditions of the existing franchise.
|
15 |
| If within the 120 day period the franchising authority |
16 |
| and the existing
cable television franchisee are unable to |
17 |
| reach agreement on modifications to
the existing cable |
18 |
| television franchise, then the franchising authority shall
|
19 |
| modify the existing cable television franchise, effective |
20 |
| 45 days thereafter,
in a manner, and only to the extent, |
21 |
| that the terms and conditions of the
existing cable |
22 |
| television franchise shall no longer impose any duty or
|
23 |
| obligation on the existing franchisee which is not also |
24 |
| imposed under the
additional cable television franchise; |
25 |
| however, if by the modification the
existing cable |
26 |
| television franchisee is relieved of duties or obligations |
|
|
|
SB0678 Enrolled |
- 78 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| not
imposed under the additional cable television |
2 |
| franchise, then within the same
45
days and following a |
3 |
| public hearing concerning modification of the additional
|
4 |
| cable television franchise within that 45 day period, the |
5 |
| franchising authority
shall modify the additional cable |
6 |
| television franchise to the extent necessary
to insure that |
7 |
| neither the existing cable television franchise nor the
|
8 |
| additional cable television franchise, each considered in |
9 |
| its entirety, shall
have a
competitive advantage over the |
10 |
| other.
|
11 |
| No county shall be subject to suit for damages based upon |
12 |
| the
county's determination to grant or its refusal to grant an |
13 |
| additional cable
television franchise, provided that a
public |
14 |
| hearing as herein provided has been held and the franchising
|
15 |
| authority has determined that it is in the best interest of the
|
16 |
| county to grant or refuse to grant such additional franchise, |
17 |
| as the case
may be.
|
18 |
| It is declared to be the law of this State, pursuant to |
19 |
| paragraphs (h)
and (i) of Section 6 of Article VII of the |
20 |
| Illinois Constitution, that the
establishment of minimum |
21 |
| standards and procedures for the granting of
additional cable |
22 |
| television franchises as provided in this subsection (e)
is an |
23 |
| exclusive State power and function that may not be exercised
|
24 |
| concurrently by a home rule unit.
|
25 |
| (Source: P.A. 90-14, eff. 7-1-97; 90-285, eff. 7-31-97.)
|
|
|
|
SB0678 Enrolled |
- 79 - |
LRB095 08411 DRH 28585 b |
|
|
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| (55 ILCS 5/5-1096.5 new) |
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| Sec. 5-1096.5. Cable and video competition. |
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| (a) A person or entity seeking to provide cable service or |
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| video service in this State after the effective date of this |
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| amendatory Act of the 95th General Assembly shall either (1) |
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| obtain a State-issued authorization pursuant to Section 401 of |
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| the Cable and Video Competition Law of 2007 (220 ILCS |
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| 5/21-401); (2) obtain authorization pursuant to Section |
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| 11-42-11 of the Illinois Municipal Code (65 ILCS 5/11-42-11); |
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| or (3) obtain authorization pursuant to Section 5-1095 of the |
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| Counties Code (55 ILCS 5/5-1095). |
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| (b) A person or entity seeking to provide cable service or |
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| video service in this State after the effective date of this |
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| amendatory Act of the 95th General Assembly shall not use the |
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| public rights-of-way for the installation or construction of |
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| facilities for the provision of cable service or video service |
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| or offer cable service or video service until it has (i) |
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| obtained a State-issued authorization to offer or provide cable |
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| or video service under Section 401 of the Cable and Video |
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| Competition Law of 2007; (ii) obtained authorization under |
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| Section 11-42-11 of the Illinois Municipal Code; (iii) or |
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| obtained authorization under Section 5-1095 of the Counties |
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| Code. Nothing in this Section shall prohibit a local unit of |
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| government from granting a permit to a person or entity for the |
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| use of the public rights-of-way to install or construct |
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| facilities to provide cable service or video service, at its |
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| sole discretion. No unit of local government shall be liable |
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| for denial or delay of a permit prior to the issuance of a |
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| State-issued authorization. |
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| (c) For the purposes of Section 5-1095(e), a State-issued |
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| authorization under Article XXI of the Public Utilities Act |
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| shall be considered substantially equivalent in terms and |
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| conditions as an existing cable provider. |
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| (d) Nothing in Article XXI of the Public Utilities Act |
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| shall constitute a basis for modification of an existing cable |
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| franchise or an injunction against or for the recovery of |
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| damages from a municipality pursuant to Section 5-1095(e) |
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| because of an application for or the issuance of a State-issued |
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| authorization under that Article XXI.
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| Section 15-20. The Illinois Municipal Code is amended by |
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| changing Section 11-42-11 and by adding Section 11-42-11.2 as |
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| follows:
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| (65 ILCS 5/11-42-11) (from Ch. 24, par. 11-42-11)
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| Sec. 11-42-11. Community antenna television systems; |
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| satellite transmitted
television programming.
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| (a) The corporate authorities of each municipality may
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| license, franchise and tax the business of operating a |
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| community antenna
television system as hereinafter defined. In |
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| municipalities with less
than 2,000,000 inhabitants, the |
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| corporate authorities may, under the limited
circumstances set |
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| forth in this Section, own (or lease as
lessee) and operate a |
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| community antenna television system; provided that a
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| municipality may not acquire,
construct,
own, or operate a |
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| community antenna television system
for the use
or benefit
of |
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| private consumers or users, and may not charge a fee for that |
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| consumption or
use,
unless the proposition to acquire, |
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| construct, own, or operate a cable antenna
television system |
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| has been submitted to and approved by the electors
of the |
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| municipality in accordance with subsection (f).
Before
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| acquiring, constructing, or commencing operation of a |
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| community antenna
television system, the municipality shall |
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| comply with the following:
|
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| (1) Give written notice to the owner or operator of any |
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| other
community antenna television system franchised to |
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| serve all or any portion
of the territorial area to be |
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| served by the municipality's community
antenna television |
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| system, specifying the date, time, and place at which
the |
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| municipality shall conduct public hearings to consider and |
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| determine
whether the municipality should acquire, |
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| construct, or commence operation
of a community antenna |
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| television system. The public hearings shall be
conducted |
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| at least 14 days after this notice is given.
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| (2) Publish a notice of the hearing in 2 or more |
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| newspapers published
in the county, city, village, |
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| incorporated town, or town, as the case may
be. If there is |
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| no such newspaper, then notice shall be published in any 2
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| or more newspapers published in the county and having a |
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| general circulation
throughout the community. The public |
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| hearings shall be conducted at least
14 days after this |
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| notice is given.
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| (3) Conduct a public hearing to determine the means by |
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| which
construction, maintenance, and operation of the |
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| system will be financed,
including whether the use of tax |
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| revenues or other fees will be required.
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| (b) The words "community antenna television system" shall |
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| mean any facility
which is constructed in whole or in part in, |
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| on, under or over any highway
or other public place and which |
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| is operated to perform for hire the service
of receiving and |
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| amplifying the signals broadcast by one or more television
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| stations and redistributing such signals by wire, cable or |
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| other means to
members of the public who subscribe to such |
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| service; except that such
definition shall not include (i) any |
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| system which serves fewer than fifty
subscribers, or (ii) any |
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| system which serves only the residents of one or
more apartment |
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| dwellings under common ownership, control or management, and
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| commercial establishments located on the premises of such |
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| dwellings.
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| (c) The authority hereby granted does not include authority |
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| to license,
franchise or tax telephone companies subject to |
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| jurisdiction of the
Illinois Commerce Commission or the Federal |
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| Communications Commission in
connection with the furnishing of |
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| circuits, wires, cables, and other
facilities to the operator |
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| of a community antenna television system.
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| (c-1) Each franchise entered into by a municipality and a |
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| community antenna television system shall include the customer |
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| service and privacy standards and protections contained in the |
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| Cable and Video Customers Protection Law. A franchise may not |
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| contain different penalties, consumer service and privacy |
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| standards and protections. Each franchise entered into by a |
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| municipality and a community antenna television system before |
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| the effective date of this amendatory Act of the 95th General |
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| Assembly shall be amended by this Section to incorporate the |
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| penalty provisions, customer service and privacy standards and |
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| protections contained in the Cable and Video Customers |
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| Protection Law.
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| The corporate authorities of each municipality may, in the |
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| course of
franchising such community antenna television |
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| system, grant to such franchisee
the authority and the right |
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| and permission to use all public streets, rights
of way, |
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| alleys, ways for public service facilities, parks, |
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| playgrounds,
school grounds, or other public grounds, in which |
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| such municipality may
have an interest, for the construction, |
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| installation, operation, maintenance,
alteration, addition, |
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| extension or improvement of a community antenna
television |
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| system.
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| Any charge imposed by a community antenna television system |
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| franchised
pursuant to this Section for the raising or removal |
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| of cables or lines to
permit passage on, to or from a street |
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| shall not exceed the reasonable
costs of work reasonably |
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| necessary to safely permit such passage. Pursuant
to |
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| subsections (h) and (i) of Section 6 of Article VII of the |
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| Constitution
of the State of Illinois, the General Assembly |
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| declares the regulation of
charges which may be imposed by |
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| community antenna television systems for
the raising or removal |
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| of cables or lines to permit passage on, to or from
streets is |
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| a power or function to be exercised exclusively by the State |
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| and
not to be exercised or performed concurrently with the |
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| State by any unit of
local government, including any home rule |
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| unit.
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| The municipality may, upon written request by the |
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| franchisee of a community
antenna television system, exercise |
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| its right of eminent domain
solely for the purpose of granting |
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| an easement right no greater than 8 feet
in width, extending no |
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| greater than 8 feet from any lot line for the purpose
of |
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| extending cable across any parcel of property in the manner |
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| provided
by the law of eminent domain, provided, however, such |
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| franchisee deposits
with the municipality sufficient security |
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| to pay all costs incurred by the
municipality in the exercise |
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| of its right of eminent domain.
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| (d) The General Assembly finds and declares that |
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| satellite-transmitted
television programming should be |
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| available to those who desire to subscribe
to such programming |
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| and that decoding devices should be obtainable at
reasonable |
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| prices by those who are unable to obtain satellite-transmitted
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| television programming through duly franchised community |
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| antenna television
systems.
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| In any instance in which a person is unable to obtain
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| satellite-transmitted television programming through a duly |
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| franchised
community antenna television system either because |
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| the municipality and
county in which such person resides has |
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| not granted a franchise to operate
and maintain a community |
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| antenna television system, or because the duly
franchised |
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| community antenna television system operator does not make |
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| cable
television services available to such person, any |
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| programming company that
delivers satellite-transmitted |
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| television programming in scrambled or
encrypted form shall |
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| ensure that devices for description of such programming
are |
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| made available to such person, through the local community |
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| antenna
television operator or directly, for purchase or lease |
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| at prices reasonably
related to the cost of manufacture and |
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| distribution of such devices.
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| (e) The General Assembly finds and declares that, in order |
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| to ensure that
community antenna television services are |
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| provided in an orderly,
competitive and economically sound |
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| manner, the best interests of the public
will be served by the |
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| establishment of certain minimum standards and
procedures for |
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| the granting of additional cable television franchises.
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| Subject to the provisions of this subsection, the authority
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| granted under subsection (a) hereof shall include the authority |
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| to license,
franchise and tax more than one cable operator to |
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| provide community antenna
television services within the |
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| corporate limits of a single franchising
authority. For |
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| purposes of this subsection (e), the term:
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| (i) "Existing cable television franchise" means a |
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| community antenna
television franchise granted by a |
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| municipality which is in use at the time
such municipality |
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| receives an application or request by another cable
|
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| operator for a franchise to provide cable antenna |
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| television services
within all or any portion of the |
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| territorial area which is or may be served
under the |
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| existing cable television franchise.
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| (ii) "Additional cable television franchise" means a |
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| franchise pursuant
to which community antenna television |
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| services may be provided within the
territorial areas, or |
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| any portion thereof, which may be served under an
existing |
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| cable television franchise.
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| (iii) "Franchising Authority" is defined as that term |
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| is defined under
Section 602(9) of the Cable Communications |
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| Policy Act of 1984, Public Law
98-549, but does not include |
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| any municipality with a population of 1,000,000
or more.
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| (iv) "Cable operator" is defined as that term is |
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| defined under Section
602(4) of the Cable Communications |
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| Policy Act of 1984, Public Law 98-549.
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| Before granting an additional cable television franchise, |
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| the franchising
authority shall:
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| (1) Give written notice to the owner or operator of any |
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| other community
antenna television system franchised to |
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| serve all or any portion of the
territorial area to be |
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| served by such additional cable television
franchise, |
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| identifying the applicant for such additional franchise |
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| and
specifying the date, time and place at which the |
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| franchising authority
shall conduct public hearings to |
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| consider and determine whether such
additional cable |
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| television franchise should be granted.
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| (2) Conduct a public hearing to determine the public |
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| need for such
additional cable television franchise, the |
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| capacity of public rights-of-way
to accommodate such |
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| additional community antenna television services, the
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| potential disruption to existing users of public |
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| rights-of-way to be used
by such additional franchise |
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| applicant to complete construction and to
provide cable |
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| television services within the proposed franchise area, |
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| the
long term economic impact of such additional cable |
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| television system within
the community, and such other |
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| factors as the franchising authority shall
deem |
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| appropriate.
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| (3) Determine, based upon the foregoing factors, |
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| whether it is in the
best interest of the municipality to |
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| grant such additional cable television
franchise.
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| (4) If the franchising authority shall determine that |
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| it is in the
best
interest of the municipality to do so, it |
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| may grant the additional cable
television franchise. |
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| Except as provided in paragraph (5) of this subsection
(e), |
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| no such additional cable television
franchise shall be |
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| granted under terms or conditions more favorable or less
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| burdensome to the applicant than those required under the |
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| existing cable
television franchise, including but not |
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| limited to terms and conditions
pertaining to the |
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| territorial extent of the franchise, system design,
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| technical performance standards, construction schedules, |
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| performance
bonds, standards for construction and |
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| installation of cable television
facilities, service to |
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| subscribers, public educational and governmental
access |
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| channels and programming, production assistance, liability |
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| and
indemnification, and franchise fees.
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| (5) Unless the existing cable television franchise |
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| provides that any
additional cable television franchise |
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| shall be subject to the same terms or
substantially |
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| equivalent terms and conditions as those of the existing |
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| cable
television franchise, the franchising authority may |
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| grant an additional cable
television franchise under |
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| different terms and conditions than those of the
existing |
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| franchise, in which event the franchising authority shall |
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| enter into
good faith negotiations with the existing |
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| franchisee and shall, within 120 days
after the effective |
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| date of the additional cable television franchise, modify
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| the existing cable television franchise in a manner and to |
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| the extent necessary
to ensure that neither the existing |
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| cable television franchise nor the
additional cable |
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| television
franchise, each considered in its entirety, |
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| provides a competitive advantage
over the other, provided |
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| that prior to modifying the existing cable television
|
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| franchise, the franchising authority shall have conducted |
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| a public hearing to
consider the proposed modification.
No |
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| modification in the terms and
conditions of the existing |
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| cable television franchise shall oblige the existing
cable |
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| television franchisee (1) to make any additional payment to |
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| the
franchising authority, including the payment of any |
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| additional franchise fee,
(2) to engage in any
additional |
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| construction of the existing cable television system or, |
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| (3) to
modify the specifications or design of the existing |
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| cable television system;
and the inclusion of the factors |
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| identified in items (2) and (3) shall not be
considered in |
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| determining whether either franchise considered in its |
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| entirety,
has a competitive advantage over the other except |
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| to the extent that the
additional franchisee provides |
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| additional video or data services or the
equipment or |
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| facilities necessary to generate and or carry such service.
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| No modification in the terms and
conditions of the existing |
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| cable television franchise shall be made if the
existing |
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| cable television franchisee elects to continue to operate |
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| under all
terms and conditions of the existing franchise.
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| If within the 120 day period the franchising authority |
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| and the existing
cable television franchisee are unable to |
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| reach agreement on modifications to
the existing cable |
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| television franchise, then the franchising authority shall
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| modify the existing cable television franchise, effective |
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| 45 days thereafter,
in a manner, and only to the extent, |
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| that the terms and conditions of the
existing cable |
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| television franchise shall no longer impose any duty or
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| obligation on the existing franchisee which is not also |
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| imposed under the
additional cable television franchise; |
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| however, if by the modification the
existing cable |
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| television franchisee is relieved of duties or obligations |
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| not
imposed under the additional cable television |
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| franchise, then within the same
45
days and following a |
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| public hearing concerning modification of the additional
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| cable television franchise within that 45 day period, the |
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| franchising authority
shall modify the additional cable |
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| television franchise to the extent necessary
to insure that |
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| neither the existing cable television franchise nor the
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| additional cable television franchise, each considered in |
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| its entirety, shall
have a
competitive advantage over the |
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| other.
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| No municipality shall be subject to suit for damages based |
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| upon the
municipality's determination to grant or its refusal |
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| to grant an additional
cable television franchise, provided |
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| that a
public hearing as herein provided has been held and the |
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| franchising
authority has determined that it is in the best |
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| interest of the
municipality to grant or refuse to grant such |
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| additional franchise, as
the
case may be.
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| It is declared to be the law of this State, pursuant to |
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| paragraphs (h)
and (i) of Section 6 of Article VII of the |
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| Illinois Constitution, that the
establishment of minimum |
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| standards and procedures for the granting of
additional cable |
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| television franchises by municipalities with a population
less |
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| than 1,000,000 as provided in this subsection (e) is an |
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| exclusive
State power and function that may not be exercised |
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| concurrently by a home
rule unit.
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| (f) No municipality may acquire, construct, own, or operate |
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| a community
antenna
television system
unless the corporate |
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| authorities adopt
an
ordinance. The ordinance must set forth |
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| the action proposed; describe the
plant,
equipment, and |
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| property to be acquired or constructed; and specifically
|
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| describe the
manner in which the construction, acquisition, and |
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| operation of the system
will
be financed.
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| The ordinance may not take effect until the question of |
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| acquiring,
construction,
owning, or operating a community |
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| antenna television system
has been
submitted to the electors of |
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| the municipality at a regular election and
approved by a
|
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| majority of the electors voting on the question. The corporate |
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| authorities
must certify the
question to the proper election |
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| authority, which must submit the question at an
election in
|
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| accordance with the Election Code.
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| The question must be submitted in substantially the |
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| following form:
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| Shall the ordinance authorizing the municipality to |
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| (insert action
authorized by ordinance) take effect?
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| The votes must be recorded as "Yes" or "No".
|
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| If a majority of electors voting on the question vote in |
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| the affirmative, the
ordinance shall take effect.
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| Not more than 30 or less than 15 days before the date of |
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| the referendum, the
municipal clerk must publish the ordinance |
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| at least once in one or more
newspapers
published in the |
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| municipality or, if no newspaper is published in the
|
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| municipality, in one
or more newspapers of general circulation |
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| within the municipality.
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| (Source: P.A. 90-285, eff. 7-31-97; 91-648, eff. 1-1-00.)
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| (65 ILCS 5/11-42-11.2 new) |
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| Sec. 11-42-11.2. Cable and video competition. |
15 |
| (a) A person or entity seeking to provide cable service or |
16 |
| video service in this State after the effective date of this |
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| amendatory Act of the 95th General Assembly shall either (1) |
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| obtain a State-issued authorization pursuant to Section 401 of |
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| the Cable and Video Competition Law of 2007; (2) obtain |
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| authorization pursuant to Section 11-42-11 of the Illinois |
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| Municipal Code; or (3) obtain authorization pursuant to Section |
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| 5-1095 of the Counties Code. All providers offering or |
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| providing cable or video service in this State shall have |
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| authorization pursuant to either (i) the Cable and Video |
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| Competition Law of 2007; (ii) Section 11-42-11 of the Illinois |
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| Municipal Code; (iii) Section 5-1095 of the Counties Code. |
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| (b) A person or entity seeking to provide cable service or |
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| video service in this State after the effective date of this |
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| amendatory Act of the 95th General Assembly shall not use the |
5 |
| public rights-of-way for the installation or construction of |
6 |
| facilities for the provision of cable service or video service |
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| or offer cable service or video service until it has (i) |
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| obtained a State-issued authorization to offer or provide cable |
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| or video service under Section 401 of the Cable and Video |
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| Competition Law of 2007; (ii) obtained authorization under |
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| Section 11-42-11 of the Illinois Municipal Code; (iii) or |
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| obtained authorization under Section 5-1095 of the Counties |
13 |
| Code. Nothing in this Section shall prohibit a local unit of |
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| government from granting a permit to a person or entity for the |
15 |
| use of the public rights-of-way to install or construct |
16 |
| facilities to provide cable service or video service, at its |
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| sole discretion. No unit of local government shall be liable |
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| for denial or delay of a permit prior to the issuance of a |
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| State-issued authorization. |
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| (c) For the purposes of Section 11-42-11(e), a State-issued |
21 |
| authorization under Article XXI of the Public Utilities Act |
22 |
| shall be considered substantially equivalent in terms and |
23 |
| conditions as an existing cable provider. |
24 |
| (d) Nothing in Article XXI of the Public Utilities Act |
25 |
| shall constitute a basis for modification of an existing cable |
26 |
| franchise or an injunction against or for the recovery of |
|
|
|
SB0678 Enrolled |
- 94 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| damages from a municipality pursuant to Section 11-42-11 |
2 |
| because of an application for or the issuance of a State-issued |
3 |
| authorization under that Article XXI.
|
4 |
| Section 15-25. The Public Utilities Act is amended by |
5 |
| adding the heading of Article 70 and Sections 13-507.1, 70-501, |
6 |
| 70-502, and 70-503 as follows: |
7 |
| (220 ILCS 5/13-507.1 new) |
8 |
| Sec. 13-507.1. In any proceeding permitting, approving, |
9 |
| investigating, or establishing rates, charges, |
10 |
| classifications, or tariffs for telecommunications services |
11 |
| classified as noncompetitive offered or provided by an |
12 |
| incumbent local exchange carrier as that term is defined in |
13 |
| Section 13-202.1 of the Public Utilities Act, the Commission |
14 |
| shall not allow any subsidy of Internet services, cable |
15 |
| services, or video services by the rates or charges for local |
16 |
| exchange telecommunications services, including local services |
17 |
| classified as noncompetitive. |
18 |
| (220 ILCS 5/Art. 70 heading new)
|
19 |
| ARTICLE 70. CABLE AND VIDEO CUSTOMER PROTECTION LAW |
20 |
| (220 ILCS 5/70-501 new) |
21 |
| Sec. 70-501. Customer service and privacy protection. All |
22 |
| cable or video providers in this State shall comply with the |
|
|
|
SB0678 Enrolled |
- 95 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| following customer service requirements and privacy |
2 |
| protections. The provisions of this Act shall not apply to an |
3 |
| incumbent cable operator prior to January 1, 2008. For purposes |
4 |
| of this paragraph, an incumbent cable operator means a person |
5 |
| or entity that provided cable services in a particular area |
6 |
| under a franchise agreement with a local unit of government |
7 |
| pursuant to Section 11-42-11 of the Illinois
Municipal Code or |
8 |
| Section 5-1095 of the Counties Code on January 1, 2007.
A |
9 |
| master antenna television, satellite master antenna |
10 |
| television, direct broadcast satellite, multipoint |
11 |
| distribution service, and other provider of video programming |
12 |
| shall only be subject to the provisions of this Article to the |
13 |
| extent permitted by federal law. The following definitions |
14 |
| apply to the terms used in this Article: |
15 |
| "Basic cable or video service" means any service offering |
16 |
| or tier which includes the retransmission of local television |
17 |
| broadcast signals. |
18 |
| "Cable or video provider" means any person or entity |
19 |
| providing cable service or video service pursuant to |
20 |
| authorization under (i) the Cable and Video Competition Law of |
21 |
| 2007; (ii) Section 11-42-11 of the Illinois Municipal Code; |
22 |
| (iii) Section 5-1095 of the Counties Code; or (iv) a master |
23 |
| antenna television, satellite master antenna television, |
24 |
| direct broadcast satellite, multipoint distribution services, |
25 |
| and other providers of video programming, whatever their |
26 |
| technology. A cable or video provider shall not include a |
|
|
|
SB0678 Enrolled |
- 96 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| landlord providing only broadcast video programming to a |
2 |
| single-family home or other residential dwelling consisting of |
3 |
| four units or less. |
4 |
| "Franchise" has the same meaning as found in 47 U.S.C. |
5 |
| 522(9). |
6 |
| "Local unit of government" means a city, village, |
7 |
| incorporated town, or a county. |
8 |
| "Normal business hours" means those hours during which most |
9 |
| similar businesses in the geographic area of the local unit of |
10 |
| government are open to serve customers. In all cases, "normal |
11 |
| business hours" must include some evening hours at least one |
12 |
| night per week or some weekend hours. |
13 |
| "Normal operating conditions" means those service |
14 |
| conditions that are within the control of cable or video |
15 |
| providers. Those conditions that are not within the control of |
16 |
| cable or video providers include, but are not limited to, |
17 |
| natural disasters, civil disturbances, power outages, |
18 |
| telephone network outages, and severe or unusual weather |
19 |
| conditions. Those conditions that are ordinarily within the |
20 |
| control of cable or video providers include, but are not |
21 |
| limited to, special promotions, pay-per-view events, rate |
22 |
| increases, regular peak or seasonal demand periods, and |
23 |
| maintenance or upgrade of the cable service or video service |
24 |
| network. |
25 |
| "Service interruption" means the loss of picture or sound |
26 |
| on one or more cable service or video service on one or more |
|
|
|
SB0678 Enrolled |
- 97 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| cable or video channels. |
2 |
| "Service line drop" means the point of connection between a |
3 |
| premises and the cable or video network that enables the |
4 |
| premises to receive cable service or video service. |
5 |
| (a) General customer service standards: |
6 |
| (1) Cable or video providers shall establish |
7 |
| general standards related to customer service, which |
8 |
| shall include, but not be limited to, installation, |
9 |
| disconnection, service and repair obligations; |
10 |
| appointment hours, and employee ID requirements; |
11 |
| customer service telephone numbers and hours; |
12 |
| procedures for billing, charges, deposits, refunds, |
13 |
| and credits; procedures for termination of service; |
14 |
| notice of deletion of programming service, changes |
15 |
| related to transmission of programming; changes or |
16 |
| increases in rates; the use and availability of |
17 |
| parental control or lock-out devices; the use and |
18 |
| availability of A/B switch if applicable; complaint |
19 |
| procedures and procedures for bill dispute resolution; |
20 |
| a description of the rights and remedies available to |
21 |
| consumers if the cable or video provider does not |
22 |
| materially meet their customer service standards; and |
23 |
| special services for customers with visual, hearing or |
24 |
| mobility disabilities. |
25 |
| (2) Cable or video providers' rates for each level |
26 |
| of service, rules, regulations and policies related to |
|
|
|
SB0678 Enrolled |
- 98 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| its cable service or video service described in |
2 |
| subsection (a)(1) must be made available to the public |
3 |
| and displayed clearly and conspicuously on the cable or |
4 |
| video provider's site on the Internet. If a promotional |
5 |
| price or a price for a specified period of time is |
6 |
| offered, the cable or video provider shall display the |
7 |
| price at the end of the promotional period or specified |
8 |
| period of time clearly and conspicuously with the |
9 |
| display of the promotional price or price for a |
10 |
| specified period of time. The cable or video provider |
11 |
| shall provide this information upon request. |
12 |
| (3) Cable or video providers shall provide notice |
13 |
| concerning their general customer service standards to |
14 |
| all customers. This notice shall be offered when |
15 |
| service is first activated and annually thereafter. |
16 |
| The information in the notice shall include all of the |
17 |
| information specified in subsection (a)(1), as well as |
18 |
| the following: a listing of services offered by the |
19 |
| cable or video providers, which shall clearly describe |
20 |
| programming for all services and all levels of service; |
21 |
| the rates for all services and levels of service; |
22 |
| telephone number(s) through which customers may |
23 |
| subscribe to, change, or terminate service, request |
24 |
| customer service or seek general or billing |
25 |
| information; instructions on the use of the cable or |
26 |
| video services; and, a description of rights and |
|
|
|
SB0678 Enrolled |
- 99 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| remedies that the cable or video providers shall make |
2 |
| available to their customers if they do not materially |
3 |
| meet the general customer service standards described |
4 |
| in this Act. |
5 |
| (b) General customer service obligations: |
6 |
| (1) Cable or video providers shall render |
7 |
| reasonably efficient service, promptly make repairs, |
8 |
| and interrupt service only as necessary and for good |
9 |
| cause, during periods of minimum use of the system and |
10 |
| for no more than 24 hours. |
11 |
| (2) All service representatives or any other |
12 |
| person who contacts customers or potential customers |
13 |
| on behalf of the cable or video provider shall have a |
14 |
| visible identification card with their name and |
15 |
| photograph and shall orally identify themselves upon |
16 |
| first contact with the customer. Customer service |
17 |
| representatives shall orally identify themselves to |
18 |
| callers immediately following the greeting during each |
19 |
| telephone contact with the public. |
20 |
| (3) The cable or video providers shall: (i) |
21 |
| maintain a customer service facility within the |
22 |
| boundaries of a local unit of government staffed by |
23 |
| customer service representatives that have the |
24 |
| capacity to accept payment, adjust bills, respond to |
25 |
| repair, installation, reconnection, disconnection, or |
26 |
| other service calls; distribute or receive converter |
|
|
|
SB0678 Enrolled |
- 100 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| boxes, remote control units, digital stereo units or |
2 |
| other equipment related to the provision of cable or |
3 |
| video service; or (ii) provide customers with bill |
4 |
| payment facilities through retail, financial, or other |
5 |
| commercial institutions located within the boundaries |
6 |
| of a local unit of government; or (iii) provide an |
7 |
| address, toll-free telephone number or electronic |
8 |
| address to accept bill payments and correspondence, |
9 |
| and provide secure collection boxes for the receipt of |
10 |
| bill payments and the return of equipment, provided |
11 |
| that if a cable or video provider provides secure |
12 |
| collection boxes, it shall provide a printed receipt |
13 |
| when items are deposited; or (iv) provide an address, |
14 |
| toll-free telephone number or electronic address to |
15 |
| accept bill payments and correspondence, and provide a |
16 |
| method for customers to return equipment to the cable |
17 |
| or video provider at no cost to the customer. |
18 |
| (4) In each contact with a customer, the service |
19 |
| representatives or any other person who contacts |
20 |
| customers or potential customers on behalf of the cable |
21 |
| or video provider, shall state the estimated cost of |
22 |
| the service, repair, or installation orally prior to |
23 |
| delivery of the service or before any work is |
24 |
| performed, and shall provide the customer with an oral |
25 |
| statement of the total charges before terminating the |
26 |
| telephone call or other contact in which a service is |
|
|
|
SB0678 Enrolled |
- 101 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| ordered, whether in-person or over the Internet, and |
2 |
| shall provide a written statement of the total charges |
3 |
| before leaving the location at which the work was |
4 |
| performed. In the event that the cost of service is a |
5 |
| promotional price or is for a limited period of time, |
6 |
| the cost of service at the end of the promotion or |
7 |
| limited period of time shall be disclosed. |
8 |
| (5) Cable or video providers shall provide |
9 |
| customers a minimum of 30 days' written notice before |
10 |
| increasing rates or eliminating transmission of |
11 |
| programming and shall submit the notice to the local |
12 |
| unit of government in advance of distribution to |
13 |
| customers, provided that the cable or video provider is |
14 |
| not in violation of this provision if the elimination |
15 |
| of transmission of programming was outside the control |
16 |
| of the provider, in which case the provider shall use |
17 |
| reasonable efforts to provide as much notice as |
18 |
| possible and any rate decrease related to the |
19 |
| elimination of transmission of programming shall be |
20 |
| applied to the date of the change. |
21 |
| (6) Cable or video providers shall provide clear |
22 |
| visual and audio reception that meets or exceeds |
23 |
| applicable Federal Communications Commission technical |
24 |
| standards. If a customer experiences poor video or |
25 |
| audio reception due to the equipment of the cable or |
26 |
| video provider, the cable or video provider shall |
|
|
|
SB0678 Enrolled |
- 102 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| promptly repair the problem at its own expense. |
2 |
| (c) Bills, payment and termination: |
3 |
| (1) Cable or video providers shall render monthly |
4 |
| bills that are clear, accurate and understandable. |
5 |
| (2) Every residential customer who pays bills |
6 |
| directly to the cable or video provider shall have at |
7 |
| least 28 days from the date of the bill to pay the |
8 |
| listed charges. |
9 |
| (3) Customer payments shall be posted promptly. |
10 |
| When the payment is sent by United States Mail, payment |
11 |
| is considered paid on the date it is postmarked. |
12 |
| (4) Cable or video providers may not terminate |
13 |
| residential service for nonpayment of a bill unless the |
14 |
| cable or video provider furnishes notice of the |
15 |
| delinquency and impending termination at least 21 days |
16 |
| prior to the proposed termination. Notice of proposed |
17 |
| termination shall be mailed, postage prepaid, to the |
18 |
| customer to whom service is billed. Notice of proposed |
19 |
| termination shall not be mailed until the 29th day |
20 |
| after the date of the bill for services. Notice of |
21 |
| delinquency and impending termination may be part of a |
22 |
| billing statement only if the notice is presented in a |
23 |
| different color than the bill and is designed to be |
24 |
| conspicuous. The cable or video providers may not |
25 |
| assess a late fee prior to the 29th day after the date |
26 |
| of the bill for service. |
|
|
|
SB0678 Enrolled |
- 103 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| (5) Every notice of impending termination shall |
2 |
| include all of the following: name and address of |
3 |
| customer; amount of delinquency; date on which payment |
4 |
| is required to avoid termination; and the telephone |
5 |
| number of the cable or video provider's service |
6 |
| representative to make payment arrangements and to |
7 |
| provide additional information about the charges for |
8 |
| failure to return equipment and for reconnection, if |
9 |
| any. No customer may be charged a fee for termination |
10 |
| or disconnection of service, irrespective of whether |
11 |
| the customer initiated termination or disconnection or |
12 |
| the cable or video provider initiated termination or |
13 |
| disconnection. |
14 |
| (6) Service may only be terminated on days when the |
15 |
| customer is able to reach a service representative of |
16 |
| the cable or video providers, either in person or by |
17 |
| telephone. |
18 |
| (7) Any service terminated by a cable or video |
19 |
| provider without good cause shall be restored without |
20 |
| any reconnection fee, charge or penalty; good cause for |
21 |
| termination includes, but is not limited to, failure to |
22 |
| pay a bill by the date specified in the notice of |
23 |
| impending termination, payment by check for which |
24 |
| there are insufficient funds, theft of service, abuse |
25 |
| of equipment or personnel or other similar subscriber |
26 |
| actions. |
|
|
|
SB0678 Enrolled |
- 104 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| (8) Cable or video providers shall cease charging a |
2 |
| customer for any or all services within 1 business day |
3 |
| after it receives a request to immediately terminate |
4 |
| service or on the day requested by the customer if such |
5 |
| a date is at least 5 days from the date requested by |
6 |
| the customer. Nothing in this subsection shall |
7 |
| prohibit the provider from billing for charges that the |
8 |
| customer incurs prior to the date of termination. Cable |
9 |
| or video providers shall issue a credit, a refund, or |
10 |
| return a deposit within 10 business days after the |
11 |
| close of the customer's billing cycle following the |
12 |
| request for termination or the return of equipment, if |
13 |
| any, whichever is later. |
14 |
| (9) The customers or subscribers of a cable or |
15 |
| video provider shall be allowed to disconnect their |
16 |
| service at any time within the first 60 days after |
17 |
| subscribing to or upgrading the service. Within this |
18 |
| 60-day period, cable or video providers shall not |
19 |
| charge or impose any fees or penalties on the customer |
20 |
| for disconnecting service, including, but not limited |
21 |
| to, any installation charge, the imposition of an early |
22 |
| termination charge, except the cable or video provider |
23 |
| may impose a charge or fee to offset any rebates or |
24 |
| credits received by the customer, and may impose |
25 |
| monthly service or maintenance charges, including |
26 |
| pay-per-view and premium services charges, during such |
|
|
|
SB0678 Enrolled |
- 105 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| 60-day period. |
2 |
| (10) Cable and video providers shall guarantee |
3 |
| customer satisfaction for new or upgraded service and |
4 |
| the customer shall receive a pro-rata credit in an |
5 |
| amount equal to the pro-rata charge for the remaining |
6 |
| days of service being disconnected or replaced upon the |
7 |
| customers request if the customer is dissatisfied with |
8 |
| the service and requests to discontinue the service |
9 |
| within the first 60 days after subscribing to the |
10 |
| upgraded service. |
11 |
| (d) Response to customer inquiries: |
12 |
| (1) Cable or video providers will maintain a |
13 |
| toll-free telephone access line that will be available |
14 |
| to customers 24 hours a day, seven days a week, to |
15 |
| accept calls regarding installation, termination, |
16 |
| service, and complaints. Trained, knowledgeable, |
17 |
| qualified service representatives of the cable or |
18 |
| video providers will be available to respond to |
19 |
| customer telephone inquiries during normal business |
20 |
| hours. Customer service representatives shall be able |
21 |
| to provide credit, waive fees, schedule appointments |
22 |
| and change billing cycles. Any difficulties that |
23 |
| cannot be resolved by the customer service |
24 |
| representatives shall be referred to a supervisor who |
25 |
| shall make best efforts to resolve the issue |
26 |
| immediately. If the supervisor does not resolve the |
|
|
|
SB0678 Enrolled |
- 106 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| issue to the customer's satisfaction, the customer |
2 |
| shall be informed of the cable or video provider's |
3 |
| complaint procedures and procedures for billing |
4 |
| dispute resolution and given a description of the |
5 |
| rights and remedies available to customers to enforce |
6 |
| the terms of this Article, including the customer's |
7 |
| rights to have the complaint reviewed by the local unit |
8 |
| of government, to request mediation, and to review in a |
9 |
| court of competent jurisdiction. |
10 |
| (2) After normal business hours, the access line |
11 |
| may be answered by a service or an automated response |
12 |
| system, including an answering machine. Inquiries |
13 |
| received by telephone or e-mail after normal business |
14 |
| hours shall be responded to by a trained service |
15 |
| representative on the next business day. The cable or |
16 |
| video provider shall respond to a written billing |
17 |
| inquiry within 10 days of receipt of the inquiry. |
18 |
| (3) Cable or video providers shall provide |
19 |
| customers seeking non-standard installations with a |
20 |
| total installation cost estimate and an estimated date |
21 |
| of completion. The actual charge to the customer shall |
22 |
| not exceed 10% of the estimated cost without the |
23 |
| written consent of the customer. |
24 |
| (4) If the cable or video provider receives notice |
25 |
| that an unsafe condition exists with respect to its |
26 |
| equipment, it shall investigate such condition |
|
|
|
SB0678 Enrolled |
- 107 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| immediately, and shall take such measures as are |
2 |
| necessary to remove or eliminate the unsafe condition. |
3 |
| The cable or video provider shall inform the local unit |
4 |
| of government promptly, but no later than 2 hours after |
5 |
| it receives notification of an unsafe condition that it |
6 |
| has not remedied. |
7 |
| (5) Under normal operating conditions, telephone |
8 |
| answer time by the cable or video provider's customer |
9 |
| representative, including wait time, shall not exceed |
10 |
| 30 seconds when the connection is made. If the call |
11 |
| needs to be transferred, transfer time shall not exceed |
12 |
| 30 seconds. These standards shall be met no less than |
13 |
| 90% of the time under normal operating conditions, |
14 |
| measured on a quarterly basis. |
15 |
| (6) Under normal operating conditions, the cable |
16 |
| or video provider's customers will receive a busy |
17 |
| signal less than 3% of the time. |
18 |
| (e) Installations, Outages and Service Calls. Under |
19 |
| normal operating conditions, each of the following |
20 |
| standards related to installations, outages and service |
21 |
| calls will be met no less than 95% of the time measured on |
22 |
| a quarterly basis: |
23 |
| (1) Standard installations will be performed |
24 |
| within 7 business days after an order has been placed. |
25 |
| "Standard" installations are those that are located up |
26 |
| to 125 feet from the existing distribution system; |
|
|
|
SB0678 Enrolled |
- 108 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| (2) Excluding conditions beyond the control of the |
2 |
| cable or video providers, the cable or video providers |
3 |
| will begin working on "service interruptions" promptly |
4 |
| and in no event later than 24 hours after the |
5 |
| interruption is reported by the customer or otherwise |
6 |
| becomes known to the cable or video providers. Cable or |
7 |
| video providers must begin actions to correct other |
8 |
| service problems the next business day after |
9 |
| notification of the service problem and correct the |
10 |
| problem within 48 hours after the interruption is |
11 |
| reported by the customer 95% of the time, measured on a |
12 |
| quarterly basis; |
13 |
| (3) The "appointment window" alternatives for |
14 |
| installations, service calls, and other installation |
15 |
| activities will be either a specific time or, at a |
16 |
| maximum, a four hour time block during evening, weekend |
17 |
| and normal business hours. The cable or video provider |
18 |
| may schedule service calls and other installation |
19 |
| activities outside of these hours for the express |
20 |
| convenience of the customer; and |
21 |
| (4) Cable or video providers may not cancel an |
22 |
| appointment with a customer after 5:00 p.m. on the |
23 |
| business day prior to the scheduled appointment. If the |
24 |
| cable or video provider's representative is running |
25 |
| late for an appointment with a customer and will not be |
26 |
| able to keep the appointment as scheduled, the customer |
|
|
|
SB0678 Enrolled |
- 109 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| will be contacted. The appointment will be |
2 |
| rescheduled, as necessary, at a time which is |
3 |
| convenient for the customer, even if the rescheduled |
4 |
| appointment is not within normal business hours. |
5 |
| (f) Public benefit obligation: |
6 |
| (1) All cable or video providers offering service |
7 |
| pursuant to the Cable and Video Competition Law of |
8 |
| 2007, the Illinois Municipal Code, or the Counties |
9 |
| Code, shall provide a free service line drop and free |
10 |
| basic service to all current and future public |
11 |
| buildings within their footprint, including, but not |
12 |
| limited to, all local unit of government buildings, |
13 |
| public libraries, and public primary and secondary |
14 |
| schools, whether owned or leased by that local unit of |
15 |
| government ("eligible buildings"). Such service shall |
16 |
| be used in a manner consistent with the government |
17 |
| purpose for the eligible building and shall not be |
18 |
| resold. |
19 |
| (2) This obligation only applies to those cable or |
20 |
| video service providers whose cable service or video |
21 |
| service systems pass eligible buildings and its cable |
22 |
| or video service is generally available to residential |
23 |
| subscribers in the same local unit of government in |
24 |
| which the eligible building is located. The burden of |
25 |
| providing such service at each eligible building shall |
26 |
| be shared by all cable and video providers whose |
|
|
|
SB0678 Enrolled |
- 110 - |
LRB095 08411 DRH 28585 b |
|
|
1 |
| systems pass the eligible buildings in an equitable and |
2 |
| competitively neutral manner, and nothing herein shall |
3 |
| require duplicative installations by more than one |
4 |
| cable or video provider at each eligible building. |
5 |
| Cable or video providers operating in a local unit of |
6 |
| government shall meet as necessary and determine who |
7 |
| will provide service to eligible buildings under this |
8 |
| subsection. If the cable or video providers are unable |
9 |
| to reach agreement, they shall meet with the local unit |
10 |
| of government which shall determine which cable or |
11 |
| video providers will serve each eligible building. The |
12 |
| local unit of government shall bear the costs of any |
13 |
| inside wiring or video equipment costs not ordinarily |
14 |
| provided as part of the cable or video provider's basic |
15 |
| offering. |
16 |
| (g) After the cable or video providers have offered |
17 |
| service for one (1) year, the cable or video providers |
18 |
| shall make an annual report to the Commission, the local |
19 |
| unit of government and to the Attorney General that it is |
20 |
| meeting the standards specified in this Article, |
21 |
| identifying the number of complaints it received over the |
22 |
| prior year in the State, and specifying the number of |
23 |
| complaints related to each of the following: (1) billing, |
24 |
| charges, refunds, credits; (2) installation or termination |
25 |
| of service; (3) quality of service and repair; (4) |
26 |
| programming; and (5) miscellaneous complaints that do not |
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SB0678 Enrolled |
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LRB095 08411 DRH 28585 b |
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| fall within these categories. Thereafter, the cable or |
2 |
| video providers shall also provide, upon request by the |
3 |
| local unit of government where service is offered and to |
4 |
| the Attorney General, an annual public report that includes |
5 |
| performance data described in subsections (d)(5), (d)(6), |
6 |
| (e)(1) and (e)(2) of this Section for cable services or |
7 |
| video services. The performance data shall be |
8 |
| disaggregated for each requesting local unit of government |
9 |
| or local exchange, as that term is defined in Section |
10 |
| 13-206 of the Public Utilities Act, in which the cable or |
11 |
| video providers have customers. |
12 |
| (h) To the extent consistent with federal law, cable or |
13 |
| video providers shall offer the lowest-cost basic cable or |
14 |
| video service as a stand-alone service to residential |
15 |
| customers at reasonable rates. Cable or video providers |
16 |
| shall not require the subscription to any service other |
17 |
| than the lowest-cost basic service or to any |
18 |
| telecommunications or information service, as a condition |
19 |
| of access to cable or video service, including programming |
20 |
| offered on a per channel or per program basis. Cable or |
21 |
| video providers shall not discriminate between subscribers |
22 |
| to the lowest-cost basic service, subscribers to other |
23 |
| cable services or video services, and other subscribers |
24 |
| with regard to the rates charged for cable or video |
25 |
| programming offered on a per channel or per program basis. |
26 |
| (i) To the extent consistent with federal law, cable or |
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SB0678 Enrolled |
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LRB095 08411 DRH 28585 b |
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| video providers shall ensure that charges for changes in |
2 |
| the subscriber's selection of services or equipment shall |
3 |
| be based on the cost of such change and shall not exceed |
4 |
| nominal amounts when the system's configuration permits |
5 |
| changes in service tier selection to be effected solely by |
6 |
| coded entry on a computer terminal or by other similarly |
7 |
| simple method. |
8 |
| (j) To the extent consistent with federal law, cable or |
9 |
| video providers shall have a rate structure for the |
10 |
| provision of cable or video service that is uniform |
11 |
| throughout the area within the boundaries of the local unit |
12 |
| of government. This subsection is not intended to prohibit |
13 |
| bulk discounts to multiple dwelling units or to prohibit |
14 |
| reasonable discounts to senior citizens or other |
15 |
| economically disadvantaged groups. |
16 |
| (k) To the extent consistent with federal law, cable or |
17 |
| video providers shall not charge a subscriber for any |
18 |
| service or equipment that the subscriber has not |
19 |
| affirmatively requested by name. For purposes of this |
20 |
| subsection, a subscriber's failure to refuse a cable or |
21 |
| video provider's proposal to provide service or equipment |
22 |
| shall not be deemed to be an affirmative request for such |
23 |
| service or equipment. |
24 |
| (l) No contract or service offering cable services or |
25 |
| video services or any bundle including such services shall |
26 |
| be for a term longer than one year. Any contract or service |
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SB0678 Enrolled |
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LRB095 08411 DRH 28585 b |
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| offering with a term of service that contains an early |
2 |
| termination fee shall limit the early termination fee to |
3 |
| not more than the amount of the discount reflected in the |
4 |
| price for cable services or video services for the period |
5 |
| during which the consumer benefited from the discount. |
6 |
| (m) Cable or video providers shall not discriminate in |
7 |
| the provision of services for the hearing and visually |
8 |
| impaired, and shall comply with the accessibility |
9 |
| requirements of 47 U.S.C. 613. Cable or video providers |
10 |
| shall deliver and pick-up, or provide customers with |
11 |
| pre-paid shipping and packaging for the return of, |
12 |
| converters and other necessary equipment at the home of |
13 |
| customers with disabilities. Cable or video providers |
14 |
| shall provide free use of a converter or remote control |
15 |
| unit to mobility impaired customers. |
16 |
| (n)(1) To the extent consistent with federal law, cable |
17 |
| or video providers shall comply with the provisions of 47 |
18 |
| U.S.C. 532(h) and (j). The cable or video providers shall |
19 |
| not exercise any editorial control over any video |
20 |
| programming provided pursuant to this Section, or in any |
21 |
| other way consider the content of such programming, except |
22 |
| that a cable or video provider may refuse to transmit any |
23 |
| leased access program or portion of a leased access program |
24 |
| which contains obscenity, indecency, or nudity and may |
25 |
| consider such content to the minimum extent necessary to |
26 |
| establish a reasonable price for the commercial use of |
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SB0678 Enrolled |
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| designated channel capacity by an unaffiliated person. |
2 |
| This subsection shall permit cable or video providers to |
3 |
| enforce prospectively a written and published policy of |
4 |
| prohibiting programming that the cable or video provider |
5 |
| reasonably believes describes or depicts sexual or |
6 |
| excretory activities or organs in a patently offensive |
7 |
| manner as measured by contemporary community standards. |
8 |
| (2) Upon customer request, the cable or video |
9 |
| provider shall, without charge, fully scramble or |
10 |
| otherwise fully block the audio and video programming |
11 |
| of each channel carrying such programming so that a |
12 |
| person who is not a subscriber does not receive the |
13 |
| channel or programming. |
14 |
| (3) In providing sexually explicit adult |
15 |
| programming or other programming that is indecent on |
16 |
| any channel of its service primarily dedicated to |
17 |
| sexually oriented programming, the cable or video |
18 |
| provider shall fully scramble or otherwise fully block |
19 |
| the video and audio portion of such channel so that one |
20 |
| not a subscriber to such channel or programming does |
21 |
| not receive it. |
22 |
| (4) Scramble means to rearrange the content of the |
23 |
| signal of the programming so that the programming |
24 |
| cannot be viewed or heard in an understandable manner. |
25 |
| (o) Cable or video providers will maintain a listing, |
26 |
| specific to the level of street address, of the areas where |
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SB0678 Enrolled |
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LRB095 08411 DRH 28585 b |
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| its cable or video services are available. Customers who |
2 |
| inquire about purchasing cable or video service shall be |
3 |
| informed about whether the cable or video provider's cable |
4 |
| or video services are currently available to them at their |
5 |
| specific location. |
6 |
| (p) Privacy protections. Cable or video providers |
7 |
| shall not disclose the name, address, telephone number or |
8 |
| other personally identifying information of a cable |
9 |
| service or video service customer to be used in mailing |
10 |
| lists or to be used for other commercial purposes not |
11 |
| reasonably related to the conduct of its business unless |
12 |
| the cable or video provider has provided to the customer a |
13 |
| notice, separately or included in any other customer |
14 |
| service notice, that clearly and conspicuously describes |
15 |
| the customer's ability to prohibit the disclosure. Cable or |
16 |
| video providers shall provide an address and telephone |
17 |
| number for a customer to use without toll charge to prevent |
18 |
| disclosure of the customer's name and address in mailing |
19 |
| lists or for other commercial purposes not reasonably |
20 |
| related to the conduct of its business to other businesses |
21 |
| or affiliates of the cable or video provider. Cable or |
22 |
| video providers shall comply with the consumer privacy |
23 |
| requirements of the Communications Consumer Privacy Act, |
24 |
| the Restricted Call Registry Act, and 47 U.S.C. 551 that |
25 |
| are in effect as of the effective date of this amendatory |
26 |
| Act of the 95th General Assembly, and as amended |
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SB0678 Enrolled |
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LRB095 08411 DRH 28585 b |
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| thereafter. |
2 |
| (q) Cable or video providers shall implement an |
3 |
| informal process for handling inquiries from local units of |
4 |
| government and customers concerning billing issues, |
5 |
| service issues, privacy concerns and other consumer |
6 |
| complaints. In the event an issue is not resolved through |
7 |
| this informal process, a local unit of government or the |
8 |
| customer may request nonbinding mediation with the cable or |
9 |
| video provider, with each party to bear its own costs of |
10 |
| such mediation. Selection of the mediator will be by mutual |
11 |
| agreement, and preference will be given to mediation |
12 |
| services that do not charge the consumer for their |
13 |
| services. In the event the informal process does not |
14 |
| produce a satisfactory result to the customer or the local |
15 |
| unit of government, enforcement may be pursued as provided |
16 |
| in subsection (r)(4). |
17 |
| (r) The Attorney General and the local unit of |
18 |
| government may enforce all of the customer service and |
19 |
| privacy protection standards of this Section with respect |
20 |
| to complaints received from residents within the local unit |
21 |
| of government's jurisdiction, but it may not adopt or seek |
22 |
| to enforce any additional or different customer service or |
23 |
| performance standards under any other authority or |
24 |
| provision of law. |
25 |
| (1) The local unit of government may, by ordinance, |
26 |
| provide a schedule of penalties for any material breach |
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LRB095 08411 DRH 28585 b |
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| of this Section by cable or video providers in addition |
2 |
| to the penalties provided herein. No monetary |
3 |
| penalties shall be assessed for a material breach if it |
4 |
| is out of the reasonable control of the cable or video |
5 |
| providers or its affiliate. Monetary penalties adopted |
6 |
| in an ordinance pursuant to this Section shall apply on |
7 |
| a competitively neutral basis to all providers of cable |
8 |
| service or video service within the local unit of |
9 |
| government's jurisdiction and in no event shall the |
10 |
| penalties imposed under this subsection exceed $750 |
11 |
| for each day of the material breach, and shall not |
12 |
| exceed $25,000 for each occurrence of a material breach |
13 |
| per customer. |
14 |
| (2) For purposes of this Section, "material |
15 |
| breach" means any substantial
failure of a cable or |
16 |
| video service provider to comply with service quality |
17 |
| and other standards specified in any provision of this |
18 |
| Act. The Attorney General or the local unit of |
19 |
| government shall give the cable or video provider |
20 |
| written notice of any alleged material breaches of this |
21 |
| Act and allow such provider at least 30 days from |
22 |
| receipt of the notice to remedy the specified material |
23 |
| breach. |
24 |
| (3) A material breach, for the purposes of |
25 |
| assessing penalties, shall be deemed to have occurred |
26 |
| for each day that a material breach has not been |
|
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SB0678 Enrolled |
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LRB095 08411 DRH 28585 b |
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| remedied by the cable service or video service provider |
2 |
| after the expiration of the period specified in |
3 |
| subsection (r)(2) in each local unit of government's |
4 |
| jurisdiction, irrespective of the number of customers |
5 |
| affected. |
6 |
| (4) Any customer, the Attorney General, or local |
7 |
| unit of government may pursue alleged violations of |
8 |
| this Act by the cable or video provider in a court of |
9 |
| competent jurisdiction. A cable or video provider may |
10 |
| seek judicial review of a decision of a local unit of |
11 |
| government imposing penalties in a court of competent |
12 |
| jurisdiction. No local unit of government shall be |
13 |
| subject to suit for damages or other relief based upon |
14 |
| its action in connection with its enforcement or review |
15 |
| of any of the terms, conditions, and rights contained |
16 |
| in this Act except a court may require the return of |
17 |
| any penalty it finds was not properly assessed or |
18 |
| imposed. |
19 |
| (s) Cable or video providers shall credit customers for |
20 |
| violations in the amounts stated herein. The credits shall |
21 |
| be applied on the statement issued to the customer for the |
22 |
| next monthly billing cycle following the violation or |
23 |
| following the discovery of the violation. Cable or video |
24 |
| providers are responsible for providing the credits |
25 |
| described herein and the customer is under no obligation to |
26 |
| request the credit. If the customer is no longer taking |
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SB0678 Enrolled |
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LRB095 08411 DRH 28585 b |
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|
1 |
| service from the cable or video provider, the credit amount |
2 |
| will be refunded to the customer by check within 30 days of |
3 |
| the termination of service. A local unit of government may, |
4 |
| by ordinance, adopt a schedule of credits payable directly |
5 |
| to customers for breach of the customer service standards |
6 |
| and obligations contained in this Article, provided the |
7 |
| schedule of customer credits applies on a competitively |
8 |
| neutral basis to all providers of cable service or video |
9 |
| service in the local unit of government's jurisdiction and |
10 |
| the credits are not greater than the credits provided in |
11 |
| this Section. |
12 |
| (1) Failure to provide notice of customer service |
13 |
| standards upon initiation of service: $25.00. |
14 |
| (2) Failure to install service within 7 days: |
15 |
| Waiver of 50% of the installation fee or the monthly |
16 |
| fee for the lowest-cost basic service, whichever is |
17 |
| greater. Failure to install service within 14 days: |
18 |
| Waiver of 100% of the installation fee or the monthly |
19 |
| fee for the lowest-cost basic service, whichever is |
20 |
| greater. |
21 |
| (3) Failure to remedy service interruptions or |
22 |
| poor video or audio service quality within 48 hours: |
23 |
| Pro-rata credit of total regular monthly charges equal |
24 |
| to the number of days of the service interruption. |
25 |
| (4) Failure to keep an appointment or to notify the |
26 |
| customer prior to the close of business on the business |
|
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SB0678 Enrolled |
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LRB095 08411 DRH 28585 b |
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|
1 |
| day prior to the scheduled appointment: $25.00. |
2 |
| (5) Violation of privacy protections: $150.00. |
3 |
| (6) Failure to comply with scrambling |
4 |
| requirements: $50.00 per month. |
5 |
| (7) Violation of customer service and billing |
6 |
| standards in subsections (c) and (d): $25.00 per |
7 |
| occurrence. |
8 |
| (8) Violation of the bundling rules in Section (h): |
9 |
| $25.00 per month. |
10 |
| (t) The enforcement powers granted to the Attorney |
11 |
| General in Article XXI of the Public Utilities Act shall |
12 |
| apply to this Act, except that the Attorney General may not |
13 |
| seek penalties for violation of this Act other than in the |
14 |
| amounts specified herein. Nothing in this Section shall |
15 |
| limit or affect the powers of the Attorney General to |
16 |
| enforce the provisions of Article 21 of the Public |
17 |
| Utilities Act or the Consumer Fraud and Deceptive Business |
18 |
| Practices Act. |
19 |
| (u) This Act applies to all cable and video providers |
20 |
| in the State, including but not limited to those operating |
21 |
| under a local franchise as that term is used in 47 U.S.C. |
22 |
| 522(9), those operating under authorization pursuant to |
23 |
| Section 11-42-11 of the Municipal Code, those operating |
24 |
| under authorization pursuant to Section 5-1095 of the |
25 |
| Counties Code, and those operating under a State-issued |
26 |
| authorization pursuant to Article XXI of the Public |
|
|
|
SB0678 Enrolled |
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LRB095 08411 DRH 28585 b |
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|
1 |
| Utilities Act.
|
2 |
| (220 ILCS 5/70-502 new) |
3 |
| Sec. 70-502. The provisions of this Article are a |
4 |
| limitation of home rule powers under subsection (h) of Section |
5 |
| 6 of Article VII of the Illinois Constitution. |
6 |
| (220 ILCS 5/70-503 new) |
7 |
| Sec. 70-503. The provisions of this Article are severable |
8 |
| under Section 1.31 of the Statute on Statutes. |
9 |
| Section 15-30. The State Mandates Act is amended by adding |
10 |
| Section 8.31 as follows: |
11 |
| (30 ILCS 805/8.31 new) |
12 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8
|
13 |
| of this Act, no reimbursement by the State is required for the
|
14 |
| implementation of any mandate created by this amendatory Act of
|
15 |
| the 95th General Assembly. |
16 |
| ARTICLE 99.
|
17 |
| Section 99-999. Effective date. This Act takes effect upon |
18 |
| becoming law.
|