(55 ILCS 5/5-1096) (from Ch. 34, par. 5-1096)
Sec. 5-1096. Community antenna television systems; interference with
and payment for access. (a) In any instance in which a county has granted
a franchise to any community antenna television company to construct,
operate or maintain a cable television system within a designated franchise
area, no property owner, condominium association, managing agent, lessee or
other person in possession or control of any residential building located
within such designated franchise area shall forbid or prevent any occupant,
tenant or lessee of any such building from receiving cable television
service from such franchisee, nor demand or accept payment from any such
occupant, tenant or lessee in any form as a condition of permitting the
installation of cable television facilities or the maintenance of cable
television service in any such building or any portion thereof occupied or
leased by such occupant, tenant or lessee, nor shall any such property
owner, condominium association, managing agent, lessee or other person
discriminate in rental charges or otherwise against any occupant, tenant or
lessee receiving cable service; provided, however, that the owner of such
building may require, in exchange and as compensation for permitting the
installation of cable television facilities within and upon such building,
the payment of just compensation to be paid by the cable television
franchisee which provides such cable television service, said sum to be
determined in accordance with the provisions of subparagraphs (c) and (d)
hereof, and provided further that the cable television franchisee
installing such cable television facilities shall agree to indemnify the
owner of such building for any damage caused by the installation, operation
or removal of such cable television facilities and service.
No community antenna television company shall install cable television
facilities within a residential building pursuant to this subparagraph (a)
unless an occupant, tenant or lessee of such residential building requests
the delivery of cable television services.
(b) In any instance in which a county has granted a franchise to any
community antenna television company to construct, operate or maintain a
cable television system within a designated franchise area, no property
owner, condominium association, managing agent, lessee or other person in
possession and control of any improved or unimproved real estate located
within such designated franchise area shall forbid or prevent such cable
television franchisee from entering upon such real estate for the purpose
of and in connection with the construction or installation of such cable
television system and cable television facilities, nor shall any such
property owner, condominium association, managing agent, lessee or other
person in possession or control of such real estate forbid or prevent such
cable television franchisee from constructing or installing upon, beneath
or over such real estate, including any buildings or other structures
located thereon, hardware, cable, equipment, materials or other cable
television facilities utilized by such cable franchisee in the construction
and installation of such cable television system; provided, however, that
the owner of any such real estate may require, in exchange and as
compensation for permitting the construction or installation of cable
television facilities upon, beneath or over such real estate, the payment
of just compensation by the cable television franchisee which provides such
cable television service, said sum to be determined in accordance with the
provisions of subparagraphs (c) and (d) hereof, and provided further that
the cable television franchisee constructing or installing such cable
television facilities shall agree to indemnify the owner of such real
estate for any damage caused by the installation, operation or removal of
such cable television facilities and service.
(c) In any instance in which the owner of a residential building or the
owner of improved or unimproved real estate intends to require the payment of
just compensation in excess of $1 in exchange for permitting the installation
of cable television facilities in and upon such building, or upon, beneath
or over such real estate, the owner shall serve written notice thereof upon
the cable television franchisee. Any such notice shall be served within
20 days of the date on which such owner is notified of the cable television
franchisee's intention to construct or install cable television facilities
in and upon such building, or upon, beneath or over such real estate. Unless
timely notice as herein provided is given by the owner to the cable television
franchisee, it will be conclusively presumed that the owner of any such
building or real estate does not claim or intend to require a payment of
more than $1 in exchange and as just compensation for permitting the
installation of cable television facilities within and upon such building,
or upon, beneath or over such real estate. In any instance in which a cable
television franchisee intends to install cable television facilities as
herein provided, written notice of such intention shall be sent by the
cable television franchisee to the property owner or to such person,
association or managing agent as shall have been appointed or otherwise
designated to manage or operate the property. Such notice shall include
the address of the property, the name of the cable television franchisee,
and information as to the time within which the owner may give notice,
demand payment as just compensation and initiate legal proceedings as
provided in this subparagraph (c) and subparagraph (d).
In any instance in which a community antenna television company intends to
install
cable television facilities within a residential building containing 12 or more
residential units or upon, beneath, or over real estate that is used as a site
for 12 or
more manufactured housing units,
12 or more mobile homes,
or a combination of 12 or more
manufactured housing units and mobile homes, the written notice shall further
provide that
the
property owner may require that the community antenna television company submit
to the owner written plans identifying the manner in which cable television
facilities
are to be installed, including the proposed location of coaxial cable.
Approval
of
those plans by the property owner shall not be unreasonably withheld and the
owners' consent to and approval of those plans shall be presumed unless, within
30
days after receipt thereof, or in the case of a condominium association, 90
days
after receipt thereof, the property owner identifies in writing the specific
manner in
which those plans deviate from generally accepted construction or safety
standards,
and unless the property owner contemporaneously submits an alternative
construction plan providing for the installation of cable television facilities
in an
economically feasible manner. The community antenna television company may
proceed with the plans originally submitted if an alternative plan is not
submitted by
the property owner within 30 days, or in the case of a condominium association,
90
days, or if an alternative plan submitted by the property owner fails to comply
with
generally accepted construction and safety standards or does not provide for
the installation of cable television facilities in an economically feasible
manner.
For purposes of this subsection, "mobile home" and "manufactured housing unit"
have
the same meaning as in the Illinois Manufactured Housing and Mobile Home Safety
Act.
(d) Any owner of a residential building described in subparagraph (a),
and any owner of improved or unimproved real estate described in subparagraph
(b), who shall have given timely written notice to the cable television
franchisee as provided in subparagraph (c), may assert a claim for just
compensation in excess of $1 for permitting the installation of cable
television facilities within and upon such building, or upon, beneath or
over such real estate. Within 30 days after notice has been given in
accordance with subparagraph (c), the owner shall advise the cable
television franchisee in writing of the amount claimed as just compensation.
If within
60 days after the receipt of the owner's claim, the cable television franchisee
has not agreed to pay the amount claimed or some other amount acceptable
to the owner, the owner may bring suit to enforce such claim for just
compensation in any court of competent jurisdiction and, upon timely demand,
may require that the amount of just compensation be determined by a jury.
Any such action shall be commenced within 6 months of the notice given by
the cable television franchisee pursuant to subparagraph (c) hereof. In
any action brought to determine such amount, the owner may submit evidence
of a decrease in the fair market value of the property occasioned by the
installation or location of the cable on the property, that the
owner has a specific alternative use for the space occupied by cable television
facilities, the loss of which will result in a monetary loss to the owner,
or that installation of cable television facilities within and upon such
building or upon, beneath or over such real estate otherwise substantially
interferes with the use and occupancy of such building to an extent which
causes a decrease in the fair market value of such building or real estate.
(e) Neither the giving of a notice by the owner under subparagraph (c),
nor the assertion of a specific claim, nor the initiation of legal action
to enforce such claim, as provided under subparagraph (d), shall delay or
impair the right of the cable television franchisee to construct or install
cable television facilities and maintain cable television services within
or upon any building described in subparagraph (a) or upon, beneath or over
real estate described in subparagraph (b).
(f) Notwithstanding the foregoing, no community antenna television company
shall enter upon any real estate or rights of way in the possession or control
of any public utility, railroad or owner or operator of an oil, petroleum
product, chemical or gas pipeline to install or remove cable television
facilities or to provide underground maintenance or repair services with
respect thereto, prior to delivery to the public utility, railroad or pipeline
owner or operator of written notice of intent to enter, install, maintain,
or remove. For the purposes of this subsection (f), and only in the case of real estate or rights-of-way in possession of or in control of a railroad, the right to enter upon includes the installation, construction, operation, repair, maintenance, or removal of wire, cable, fiber, conduit, or related facilities that are at, above, or below grade and that cross the real estate or rights-of-way in a manner that runs generally perpendicular to the railroad tracks or railroad right-of-way. For the purposes of this subsection (f), and only in the case of real estate or rights-of-way in possession of or in the control of a railroad, the right to enter upon does not apply to wire, cable, fiber, conduit, or related facilities that run along, within, and generally parallel to, but do not cross, the railroad tracks or railroad right-of-way. No entry shall be made until at least 30 days after
receipt of such written notice. Such written notice, which shall be delivered
to the registered agent of such public utility, railroad or pipeline owner
or operator shall include the following information:
(i) The date of the proposed installation, maintenance, repair, or removal and projected |
For purposes of this subsection (f), "community antenna television company" includes, in the case of real estate or rights-of-way in possession of or in control of a railroad, a holder, cable operator, or broadband service provider, as those terms are defined in Section 21-201 of the Public Utilities Act.
Within 30 days of receipt of the written prior notice of entry
the public utility, railroad or pipeline owner or operator shall investigate
and determine whether or not the proposed entry and installation or repair,
maintenance, or removal would create a dangerous condition threatening the
safety of the public or the safety of its employees or threatening to cause
an interruption of the furnishing of vital transportation, utility or pipeline
services and upon so finding shall so notify the community antenna television
company of such decision in writing. Initial determination of the existence
of such a dangerous condition or interruption of services shall be made
by the public utility, railroad or pipeline owner or operator whose real
estate or right of way is involved. In the event that the community antenna
television company disagrees with such determination, a determination of
whether such entry and installation, maintenance, repair, or removal would
create such a dangerous condition or interrupt services shall, upon the application of the community antenna television company, be made by the Illinois Commerce Commission Transportation Division in accordance with the Commission's Rail Safety Program. An initial written determination of a public
utility, railroad, or pipeline owner or operator timely made and transmitted
to the community antenna television company, in the absence of a determination
by a court of competent jurisdiction or an Illinois Commerce Commission Transportation Division finding to the contrary, bars the entry of
the community antenna television company upon the real estate or right of
way for any purpose.
Any public utility, railroad or pipeline owner or operator may assert
a written claim against any community antenna television company for just
compensation within 30 days after written notice has been given in accordance
with this subparagraph (f). If, within 60 days after the receipt of such
claim for compensation, the community antenna television company has not
agreed to the amount claimed or some other amount acceptable to the public
utility, railroad or pipeline owner or operator, the public utility, railroad
or pipeline owner or operator may bring suit to enforce such claim for just
compensation in any court of competent jurisdiction and, upon timely demand,
may require that the amount of just compensation be determined by a jury.
Any such action shall be commenced within 6 months of the notice provided
for in this subparagraph (f). In any action brought to determine such just
compensation, the public utility, railroad or pipeline owner or operator
may submit such evidence as may be relevant to the issue of just compensation.
Neither the assertion of a claim for compensation nor the initiation of
legal action to enforce such claim shall delay or impair the right of the
community antenna television company to construct or install cable television
facilities upon any real estate or rights of way of any public utility,
railroad or pipeline owner or operator.
To the extent that the public utility, railroad, or owner or operator
of an oil, petroleum product, chemical or gas pipeline deems it appropriate
to supervise, monitor or otherwise assist the community antenna television
company in connection with the installation, maintenance, repair, or removal
of cable television facilities upon such real estate or rights of way, the
community antenna television company shall reimburse the public utility,
railroad or owner or operator of an oil, petroleum product, chemical or gas
pipeline for costs reasonable and actually incurred in connection therewith.
The provisions of this subparagraph (f) shall not be applicable to any
easements, rights of way or ways for public service facilities in which
public utilities, other than railroads, have any interest pursuant to "an
Act to revise the law in relation to plats" approved March 21, 1874, and
all ordinances enacted pursuant thereto. Such easements, rights of way
and ways for public service facilities are hereby declared to be apportionable
and upon written request by a community antenna television company, public
utilities shall make such easements, rights of way and ways for public service
facilities available for the construction, maintenance, repair or removal of
cable television facilities provided that such construction, maintenance,
repair or removal does not create a dangerous condition threatening the safety
of the public or the safety of such public utility employees or threatening
to cause an interruption of the furnishing of vital utility service. Initial
determination of the existence of such a dangerous condition or interruption
of services shall be made by the public utility whose easement, right of
way or way for public service facility is involved. In the event the community
antenna television company disagrees with such determination, a determination
of whether such construction, maintenance, repair or removal would create
such a dangerous condition or threaten to interrupt vital utility services,
shall be made by a court of competent jurisdiction upon the application
of such community antenna television company.
If a county notifies or a county requires a developer to notify a public
utility
before or after issuing a permit or other authorization for the construction of
residential
buildings, then the county or developer shall, at the same time, similarly
notify any
community antenna television system franchised by or within that county.
In addition to such other notices as may be required by this subparagraph
(f), a community antenna television company shall not enter upon the real
estate or rights of way of any public utility, railroad or pipeline owner
or operator for the purposes of above-ground maintenance or repair of its
television cable facilities without giving 96 hours prior written notice
to the registered agent of the public utility, railroad or pipeline owner
or operator involved, or in the case of a public utility, notice may be
given through the statewide one-call notice system provided for by General
Order of the Illinois Commerce Commission or, if in Chicago, through the
system known as the Chicago Utility Alert Network.
(Source: P.A. 100-251, eff. 8-22-17.)
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