(65 ILCS 5/11-42-11.1) (from Ch. 24, par. 11-42-11.1)
Sec. 11-42-11.1.
(a) In any instance in which a municipality has (i)
granted a franchise to any community antenna television company or (ii)
decided for the municipality itself to construct, operate or maintain a
cable television system within a designated area, no property owner,
condominium association, managing agent, lessee or other person in
possession or control of any residential building located within the
designated area shall forbid or prevent any occupant, tenant or lessee of
any such building from receiving cable television service from such
franchisee or municipality, nor demand or accept payment from any such
occupant, tenant or lessee in any form as a condition of permitting the
installation of cable television facilities or the maintenance of cable
television service in any such building or any portion thereof occupied or
leased by such occupant, tenant or lessee, nor shall any such property
owner, condominium association, managing agent, lessee or other person
discriminate in rental charges or otherwise against any occupant, tenant or
lessee receiving cable service; provided, however, that the owner of such
building may require, in exchange and as compensation for permitting the
installation of cable television facilities within and upon such building,
the payment of just compensation by the cable television franchisee which
provides such cable television service, said sum to be determined in
accordance with the provisions of subparagraphs (c) and (d) hereof, and
provided further that the cable television franchisee installing such cable
television facilities shall agree to indemnify the owner of such building
for any damage caused by the installation, operation or removal of such
cable television facilities and service.
No community antenna television company shall install cable television
facilities within a residential building pursuant to this subparagraph (a)
unless an occupant, tenant or lessee of such residential building requests
the delivery of cable television services.
In any instance in which a request for service is made by more than 3
occupants, tenants or lessees of a residential building, the community
antenna television company may install cable television facilities
throughout the building in a manner which enables the community antenna
television company to provide cable television services to occupants,
tenants or lessees of other residential units without requiring the
installation of additional cable television facilities other than within
the residential units occupied by such other occupants, tenants or lessees.
(b) In any instance in which a municipality has (i) granted a franchise
to any community antenna television company or (ii) decided for the
municipality itself to construct, operate or maintain a cable television
system within a designated area, no property owner, condominium
association, managing agent, lessee or other person in possession and
control of any improved or unimproved real estate located within such
designated area shall forbid or prevent such cable television franchisee or
municipality from entering upon such real estate for the purpose of and in
connection with the construction or installation of such cable television
system and cable television facilities, nor shall any such property owner,
condominium association, managing agent, lessee or other person in
possession or control of such real estate forbid or prevent such cable
television franchisee or municipality from constructing or installing upon,
beneath or over such real estate, including any buildings or other
structures located thereon, hardware, cable, equipment, materials or other
cable television facilities utilized by such cable franchisee
or municipality in the construction and installation of such cable
television system; provided, however, that the owner of any such real
estate may require, in exchange and as compensation for permitting the
construction or installation of cable television facilities upon, beneath
or over such real estate, the payment of just compensation by the cable
television franchisee which provides such cable television service, said
sum to be determined in accordance with the provisions of subparagraphs (c)
and (d) hereof, and provided further that the cable television franchisee
constructing or installing such cable television facilities shall agree to
indemnify the owner of such real estate for any damage caused by the
installation, operation or removal of such cable television facilities
and service.
(c) In any instance in which the owner of a residential building or the
owner of improved or unimproved real estate intends to require the payment of
just compensation in excess of $1 in exchange for permitting the installation
of cable television facilities in and upon such building, or upon, beneath
or over such real estate, the owner shall serve written notice thereof upon
the cable television franchisee. Any such notice shall be served within
20 days of the date on which such owner is notified of the cable television
franchisee's intention to construct or install cable television facilities
in and upon such building, or upon, beneath or over such real estate. Unless
timely notice as herein provided is given by the owner to the cable television
franchisee, it will be conclusively presumed that the owner of any such
building or real estate does not claim or intend to require a payment of more
than $1 in exchange and as just compensation for permitting the installation
of cable television facilities within and upon such building, or upon, beneath
or over such real estate. In any instance in which a cable television
franchisee intends to install cable television facilities as herein
provided, written notice of such intention shall be sent by the cable
television franchisee to the property owner or to such person, association
or managing agent as shall have been appointed or otherwise designated to
manage or operate the property. Such notice shall include the address of
the property, the name of the cable television franchisee, and information
as to the time within which the owner may give notice, demand payment as
just compensation and initiate legal proceedings as provided in this
subparagraph (c) and subparagraph (d). In any instance in which a community
antenna television company intends to install cable television facilities
within a residential building containing 12 or more residential units
or upon, beneath, or over real estate that is used as a site for 12 or more
manufactured housing units,
12 or more mobile homes,
or a combination of 12 or more
manufactured housing units and mobile homes, the
written notice shall further provide that the property owner may require
that the community antenna television company submit to the owner written
plans identifying the manner in which cable television facilities are to be
installed, including the proposed location of coaxial cable. Approval of
such plans by the property owner shall not be unreasonably withheld and
such owners' consent to and approval of such plans shall be presumed
unless, within 30 days after receipt thereof, or in the case of a
condominium association, 90 days after receipt thereof, the property owner
identifies in writing the specific manner in which such plans deviate from
generally accepted construction or safety standards, and unless the
property owner contemporaneously submits an alternative construction plan
providing for the installation of cable television facilities in an
economically feasible manner. The community antenna television company may
proceed with the plans originally submitted if an alternative plan is not
submitted by the property owner within 30 days, or in the case of a
condominium association, 90 days, or if an alternative plan submitted by
the property owner fails to comply with generally accepted construction and
safety standards or does not provide for the installation of cable
television facilities in an economically feasible manner.
For purposes of this subsection, "mobile home" and "manufactured housing
unit" have
the same meaning as in the Illinois Manufactured Housing and Mobile Home Safety
Act.
(d) Any owner of a residential building described in subparagraph (a),
and any owner of improved or unimproved real estate described in subparagraph
(b), who shall have given timely written notice to the cable television
franchisee as provided in subparagraph (c), may assert a claim for just
compensation in excess of $1 for permitting the installation of cable
television facilities within and upon such building, or upon, beneath or
over such real estate. Within 30 days after notice has been given in
accordance with subparagraph (c), the owner shall advise the cable
television franchisee in writing of the amount claimed as just
compensation. If within 60 days after the receipt of the owner's claim,
the cable television franchisee has not agreed to pay the amount claimed or
some other amount acceptable to the owner, the owner may bring suit to
enforce such claim for just compensation in any court of competent
jurisdiction and, upon timely demand, may require that the amount of just
compensation be determined by a jury. Any such action shall be commenced
within 6 months of the notice given by the cable television franchisee
pursuant to subparagraph (c) hereof. In any action brought to determine
such amount, the owner may submit evidence of a decrease in the fair market
value of the property occasioned by the installation or location of the
cable on the property, that the owner has a specific alternative use for
the space occupied by cable television facilities, the loss of which will
result in a monetary loss to the owner, or that installation of cable
television facilities within and upon such building or upon, beneath or
over such real estate otherwise substantially interferes with the use and
occupancy of such building to an extent which causes a decrease in the fair
market value of such building or real estate.
(e) Neither the giving of a notice by the owner under subparagraph
(c), nor the assertion of a specific claim, nor the initiation of legal
action to enforce such claim, as provided under subparagraph (d), shall
delay or impair the right of the cable television franchisee to construct
or install cable television facilities and maintain cable television
services within or upon any building described in subparagraph (a) or upon,
beneath or over real estate described in subparagraph (b).
(f) Notwithstanding the foregoing, no community antenna television
company or municipality shall enter upon any real estate or rights of way
in the possession or control of any public utility, railroad or owner or
operator of an oil, petroleum product, chemical or gas pipeline to install
or remove cable television facilities or to provide underground maintenance
or repair services with respect thereto, prior to delivery to the public
utility, railroad or pipeline owner or operator of written notice of intent
to enter, install, maintain, or remove. 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), and only in the case of real estate or rights-of-way in possession of or in control of a railroad, "community antenna television company" includes 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 or municipality of such decision in writing. Initial determination
of the existence of such a dangerous condition or interruption of services
shall be made by the public utility, railroad or pipeline owner or operator
whose real estate or right of way is involved. In the event that the
community antenna television company or municipality disagrees with such
determination, a determination of whether such entry and installation,
maintenance, repair, or removal would create such a dangerous condition or
interrupt services shall, upon 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 or municipality, in the absence of a
determination by the Illinois Commerce Commission Transportation Division, in accordance with the Commission's Rail Safety Program, or a court of competent jurisdiction finding to the contrary,
bars the entry of the community antenna television company or municipality
upon the real estate or right of way for any purpose.
Any public utility, railroad or pipeline owner or operator may assert
a written claim against any community antenna television company for just
compensation within 30 days after written notice has been given in accordance
with this subparagraph (f). If, within 60 days after the receipt of such
claim for compensation, the community antenna television company has not
agreed to the amount claimed or some other amount acceptable to the public
utility, railroad or pipeline owner or operator, the public utility, railroad
or pipeline owner or operator may bring suit to enforce such claim for just
compensation in any court of competent jurisdiction and, upon timely demand,
may require that the amount of just compensation be determined by a jury.
Any such action shall be commenced within 6 months of the notice provided
for in this subparagraph (f). In any action brought to determine such just
compensation, the public utility, railroad or pipeline owner or operator
may submit such evidence as may be relevant to the issue of just compensation.
Neither the assertion of a claim for compensation nor the initiation of
legal action to enforce such claim shall delay or impair the right of the
community antenna television company to construct or install cable television
facilities upon any real estate or rights of way of any public utility,
railroad or pipeline owner or operator.
To the extent that the public utility, railroad, or owner or operator
of an oil, petroleum product, chemical or gas pipeline deems it appropriate
to supervise, monitor or otherwise assist the community antenna television
company in connection with the installation, maintenance, repair or removal
of cable television facilities upon such real estate or rights of way, the
community antenna television company shall reimburse the public utility,
railroad or owner or operator of an oil, petroleum product, chemical or gas
pipeline for costs reasonable and actually incurred in connection therewith.
The provisions of this subparagraph (f) shall not be applicable to any
easements, rights of way or ways for public service facilities in which
public utilities, other than railroads, have any interest pursuant to "An
Act to revise the law in relation to plats", approved March 21, 1874,
as amended, and all ordinances enacted pursuant thereto. Such easements,
rights of way and ways for public service facilities are hereby declared to
be apportionable and upon written request by a community antenna television
company, public utilities shall make such easements, rights of way and ways
for public service facilities available for the construction, maintenance,
repair or removal of cable television facilities provided that such
construction, maintenance, repair or removal does not create a dangerous
condition threatening the safety of the public or the safety of such public
utility employees or threatening to cause an interruption of the furnishing
of vital utility service. Initial determination of the existence of such a
dangerous condition or interruption of services shall be made by the public
utility whose easement, right of way or way for public service facility is
involved. In the event the community antenna television company or
municipality disagrees with such determination, a determination of whether
such construction, maintenance, repair or removal would create such a
dangerous condition or threaten to interrupt vital utility services, shall
be made by a court of competent jurisdiction upon the application of such
community antenna television company.
If a municipality notifies or a municipality requires a developer to
notify
a public
utility before or after issuing a permit or other authorization for the
construction of
residential buildings, then the municipality or developer shall, at the same
time, similarly
notify any community antenna television system franchised by or within that
municipality.
In addition to such other notices as may be required by this subparagraph
(f), a community antenna television company or municipality shall not
enter upon the real estate or rights of way of any public utility, railroad
or pipeline owner or operator for the purposes of above-ground maintenance
or repair of its television cable facilities without giving 96 hours prior
written notice to the registered agent of the public utility, railroad or
pipeline owner or operator involved, or in the case of a public utility,
notice may be given through the statewide one-call notice system provided
for by General Order of the Illinois Commerce Commission or, if in Chicago,
through the system known as the Chicago Utility Alert Network.
(Source: P.A. 100-251, eff. 8-22-17.)
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