093_HB2341

 
                                     LRB093 09363 BDD 09598 b

 1        AN ACT concerning cable television.

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

 4        Section 5.  The Counties  Code  is  amended  by  changing
 5    Section 5-1095 as follows:

 6        (55 ILCS 5/5-1095) (from Ch. 34, par. 5-1095)
 7        Sec.   5-1095.   Community  antenna  television  systems;
 8    satellite transmitted television programming.
 9        (a)  The County Board may license, tax or  franchise  the
10    business  of  operating a community antenna television system
11    or systems within the County and outside of  a  municipality,
12    as defined in Section 1-1-2 of the Illinois Municipal Code.
13        When  an  area is annexed to a municipality, the annexing
14    municipality shall thereby become the  franchising  authority
15    with  respect  to  that  portion  of  any  community  antenna
16    television  system  that,  immediately before annexation, had
17    provided cable television services within  the  annexed  area
18    under  a  franchise  granted  by the county, and the owner of
19    that community antenna television  system  shall  thereby  be
20    authorized  to  provide  cable television services within the
21    annexed area under the terms and provisions of  the  existing
22    franchise.   In  that instance, the franchise shall remain in
23    effect until, by its  terms,  it  expires,  except  that  any
24    franchise  fees  payable under the franchise shall be payable
25    only to the county for a period of 5 years or until,  by  its
26    terms,  the franchise expires, whichever occurs first.  After
27    the 5 year period, any franchise fees that are payable  under
28    the franchise shall be paid to the annexing municipality.  In
29    any  instance  in  which  a duly franchised community antenna
30    television system  is  providing  cable  television  services
31    within  the  annexing municipality at the time of annexation,
 
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 1    the annexing  municipality  may  permit  that  franchisee  to
 2    extend its community antenna television system to the annexed
 3    area  under  terms and conditions that are no more burdensome
 4    nor less favorable to  that  franchisee  than  those  imposed
 5    under  any  community antenna television franchise applicable
 6    to  the  annexed  area  at  the  time  of  annexation.    The
 7    authorization to  extend  cable  television  service  to  the
 8    annexed  area  and  any  community  antenna television system
 9    authorized to provide cable television  services  within  the
10    annexed  area  at the time of annexation shall not be subject
11    to the provisions of subsection (e) of this Section.
12        (b)  "Community antenna television  system"  as  used  in
13    this  Section,  means  any  facility  which is constructed in
14    whole or in part in, on, under or over any highway  or  other
15    public  place  and  which is operated to perform for hire the
16    service of receiving and amplifying the signals broadcast  by
17    one  or  more  television  stations  and  redistributing such
18    signals by wire, cable or  other  means  to  members  of  the
19    public  who  subscribe  to such service except that such term
20    does not include (i) any system which serves  fewer  than  50
21    subscribers   or  (ii)  any  system  which  serves  only  the
22    residents of one or more  apartment  dwellings  under  common
23    ownership,    control    or    management,   and   commercial
24    establishments located on the premises of such dwellings.
25        (c)  The authority hereby granted does  not  include  the
26    authority to license or franchise telephone companies subject
27    to  the  jurisdiction  of the Illinois Commerce Commission or
28    the Federal  Communications  Commission  in  connection  with
29    furnishing circuits, wires, cables or other facilities to the
30    operator of a community antenna television system.
31        The  County  Board may, in the course of franchising such
32    community antenna television system, grant to such franchisee
33    the authority and the right and permission to use all  public
34    streets,  rights  of  way,  alleys,  ways  for public service
 
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 1    facilities, parks,  playgrounds,  school  grounds,  or  other
 2    public  grounds,  in  which such county may have an interest,
 3    for the construction, installation,  operation,  maintenance,
 4    alteration, addition, extension or improvement of a community
 5    antenna television system.
 6        Any  charge  imposed  by  a  community antenna television
 7    system franchised pursuant to this Section for the raising or
 8    removal of cables or lines to permit passage on, to or from a
 9    street  shall  not  exceed  the  reasonable  costs  of   work
10    reasonably necessary to safely permit such passage.  Pursuant
11    to subsections (h) and (i) of Section 6 of Article VII of the
12    Constitution  of  the State of Illinois, the General Assembly
13    declares the regulation of charges which may  be  imposed  by
14    community  antenna  television  systems  for  the  raising or
15    removal of cables or lines to permit passage on, to  or  from
16    streets is a power or function to be exercised exclusively by
17    the  State  and not to be exercised or performed concurrently
18    with the State by any unit of local government, including any
19    home rule unit.
20        The  County  Board  may,  upon  written  request  by  the
21    franchisee of a community antenna television system, exercise
22    its right  of  eminent  domain  solely  for  the  purpose  of
23    granting  an  easement right no greater than 8 feet in width,
24    extending no greater than 8 feet from any lot  line  for  the
25    purpose  of  extending cable across any parcel of property in
26    the manner  provided  for  by  the  law  of  eminent  domain,
27    provided,  however,  such franchisee deposits with the county
28    sufficient security to pay all costs incurred by  the  county
29    in the exercise of its right of eminent domain.
30        Except   as   specifically  provided  otherwise  in  this
31    Section, this Section is not a limitation on  any  home  rule
32    county.
33        (d)  The   General   Assembly  finds  and  declares  that
34    satellite-transmitted  television   programming   should   be
 
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 1    available   to   those   who  desire  to  subscribe  to  such
 2    programming and that decoding devices should be obtainable at
 3    reasonable  prices  by  those  who  are  unable   to   obtain
 4    satellite-transmitted  television  programming  through  duly
 5    franchised community antenna television systems.
 6        In  any  instance  in  which a person is unable to obtain
 7    satellite-transmitted television programming through  a  duly
 8    franchised community antenna television system either because
 9    the  municipality and county in which such person resides has
10    not granted a franchise to operate and maintain  a  community
11    antenna  television  system,  or  because the duly franchised
12    community antenna television system operator  does  not  make
13    cable  television  services  available  to  such  person, any
14    programming  company  that   delivers   satellite-transmitted
15    television  programming  in scrambled or encrypted form shall
16    ensure that devices for decryption of  such  programming  are
17    made  available  to  such person, through the local community
18    antenna television operator  or  directly,  for  purchase  or
19    lease at prices reasonably related to the cost of manufacture
20    and distribution of such devices.
21        (e)  The  General  Assembly  finds  and declares that, in
22    order to ensure that community  antenna  television  services
23    are  provided  in  an  orderly,  competitive and economically
24    sound manner, the best interests of the public will be served
25    by  the  establishment  of  certain  minimum  standards   and
26    procedures  for  the  granting of additional cable television
27    franchises.
28        Subject  to  the  provisions  of  this  subsection,   the
29    authority  granted  under subsection (a) hereof shall include
30    the authority to license, franchise and  tax  more  than  one
31    cable   operator  to  provide  community  antenna  television
32    services  within  the  territorial   limits   of   a   single
33    franchising  authority.  For purposes of this subsection (e),
34    the term:
 
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 1             (i)  "Existing cable television franchise"  means  a
 2        community  antenna  television  franchise  granted  by  a
 3        county  which  is in use at the time such county receives
 4        an application or request by another cable operator for a
 5        franchise to provide cable  antenna  television  services
 6        within  all  or any portion of the territorial area which
 7        is or may be served under the existing  cable  television
 8        franchise.
 9             (ii)  "Additional  cable television franchise" means
10        a  franchise  pursuant   to   which   community   antenna
11        television   services   may   be   provided   within  the
12        territorial areas, or any portion thereof, which  may  be
13        served under an existing cable television franchise.
14             (iii)  "Franchising  Authority"  is  defined as that
15        term  is  defined  under  Section  602(9)  of  the  Cable
16        Communications Policy Act of 1984, Public Law 98-549.
17             (iv)  "Cable operator" is defined as  that  term  is
18        defined  under Section 602(4) of the Cable Communications
19        Policy Act of 1984, Public Law 98-549.
20        Before granting an additional cable television franchise,
21    the franchising authority shall:
22             (1)  Give written notice to the owner or operator of
23        any other community antenna television system  franchised
24        to serve all or any portion of the territorial area to be
25        served  by  such  additional  cable television franchise,
26        identifying the applicant for such  additional  franchise
27        and  specifying  the  date,  time  and place at which the
28        franchising authority shall conduct  public  hearings  to
29        consider  and  determine  whether  such  additional cable
30        television franchise should be granted.
31             (2)  Conduct  a  public  hearing  to  determine  the
32        public  need  for  such   additional   cable   television
33        franchise,   the  capacity  of  public  rights-of-way  to
34        accommodate such additional community antenna  television
 
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 1        services,  the  potential disruption to existing users of
 2        public  rights-of-way  to  be  used  by  such  additional
 3        franchise  applicant  to  complete  construction  and  to
 4        provide cable television  services  within  the  proposed
 5        franchise  area,  the  long  term economic impact of such
 6        additional cable television system within the  community,
 7        and such other factors as the franchising authority shall
 8        deem appropriate.
 9             (3)  Determine,  based  upon  the foregoing factors,
10        whether it is in the best interest of the county to grant
11        such additional cable television franchise.
12             (4)  If the franchising  authority  shall  determine
13        that  it  is in the best interest of the county to do so,
14        it may grant the additional cable  television  franchise.
15        Except  as  provided  in paragraph (5) of this subsection
16        (e), no such additional cable television franchise  shall
17        be  granted  under  terms or conditions more favorable or
18        less burdensome to  the  applicant  than  those  required
19        under  the existing cable television franchise, including
20        but not limited to terms and conditions pertaining to the
21        territorial  extent  of  the  franchise,  system  design,
22        technical performance standards, construction  schedules,
23        performance   bonds,   standards   for  construction  and
24        installation of cable television facilities,  service  to
25        subscribers,  public  educational and governmental access
26        channels   and   programming,   production    assistance,
27        liability and indemnification, and franchise fees.
28             (5)  Unless  the existing cable television franchise
29        provides that any additional cable  television  franchise
30        shall  be  subject  to  the  same  terms or substantially
31        equivalent terms and conditions as those of the  existing
32        cable television franchise, the franchising authority may
33        grant  an  additional  cable  television  franchise under
34        different terms and conditions than those of the existing
 
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 1        franchise, in which event the franchising authority shall
 2        enter into good  faith  negotiations  with  the  existing
 3        franchisee and shall, within 120 days after the effective
 4        date of the additional cable television franchise, modify
 5        the  existing  cable television franchise in a manner and
 6        to the  extent  necessary  to  ensure  that  neither  the
 7        existing  cable  television  franchise nor the additional
 8        cable  television  franchise,  each  considered  in   its
 9        entirety,  provides  a  competitive  advantage  over  the
10        other,  provided  that  prior  to  modifying the existing
11        cable television  franchise,  the  franchising  authority
12        shall  have  conducted  a  public hearing to consider the
13        proposed modification.   No modification in the terms and
14        conditions of the  existing  cable  television  franchise
15        shall oblige the existing cable television franchisee (1)
16        to   make  any  additional  payment  to  the  franchising
17        authority,  including  the  payment  of  any   additional
18        franchise   fee,   (2)   to   engage  in  any  additional
19        construction of the existing cable television system  or,
20        (3)  to  modify  the  specifications  or  design  of  the
21        existing  cable  television  system; and the inclusion of
22        the factors identified in items (2) and (3) shall not  be
23        considered   in   determining  whether  either  franchise
24        considered in its entirety, has a  competitive  advantage
25        over  the  other except to the extent that the additional
26        franchisee provides additional video or data services  or
27        the  equipment or facilities necessary to generate and or
28        carry such service.   No modification in  the  terms  and
29        conditions  of  the  existing  cable television franchise
30        shall be made if the existing cable television franchisee
31        elects  to  continue  to  operate  under  all  terms  and
32        conditions of the existing franchise.
33             If  within  the  120  day  period  the   franchising
34        authority  and  the  existing cable television franchisee
 
                            -8-      LRB093 09363 BDD 09598 b
 1        are unable to reach agreement  on  modifications  to  the
 2        existing cable television franchise, then the franchising
 3        authority  shall  modify  the  existing  cable television
 4        franchise, effective 45 days thereafter, in a manner, and
 5        only to the extent, that the terms and conditions of  the
 6        existing  cable  television  franchise  shall  no  longer
 7        impose  any duty or obligation on the existing franchisee
 8        which is not also  imposed  under  the  additional  cable
 9        television franchise; however, if by the modification the
10        existing  cable  television  franchisee  is  relieved  of
11        duties  or  obligations  not imposed under the additional
12        cable television franchise, then within the same 45  days
13        and following a public hearing concerning modification of
14        the  additional cable television franchise within that 45
15        day period, the franchising authority  shall  modify  the
16        additional  cable  television  franchise  to  the  extent
17        necessary  to  insure  that  neither  the  existing cable
18        television franchise nor the additional cable  television
19        franchise,  each considered in its entirety, shall have a
20        competitive advantage over the other.
21        No county shall be subject to suit for damages based upon
22    the county's determination to grant or its refusal  to  grant
23    an  additional  cable  television  franchise, provided that a
24    public hearing as herein  provided  has  been  held  and  the
25    franchising  authority  has determined that it is in the best
26    interest of the county to  grant  or  refuse  to  grant  such
27    additional franchise, as the case may be.
28        It  is  declared to be the law of this State, pursuant to
29    paragraphs (h) and (i) of Section 6 of  Article  VII  of  the
30    Illinois  Constitution,  that  the  establishment  of minimum
31    standards and procedures for the granting of additional cable
32    television franchises as provided in this subsection  (e)  is
33    an  exclusive  State  power  and  function  that  may  not be
34    exercised concurrently by a home rule unit.
 
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 1    (Source: P.A. 90-14, eff. 7-1-97; 90-285, eff. 7-31-97.)

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

 4        (65 ILCS 5/11-42-11) (from Ch. 24, par. 11-42-11)
 5        Sec.  11-42-11.   Community  antenna  television systems;
 6    satellite transmitted television programming.
 7        (a)  The corporate authorities of each  municipality  may
 8    license,  franchise,  and  tax  the  business  of operating a
 9    community antenna television system as  hereinafter  defined.
10    In  municipalities  with less than 2,000,000 inhabitants, the
11    corporate authorities may, under  the  limited  circumstances
12    set  forth  in  this  Section,  own  (or lease as lessee) and
13    operate a community antenna television system; provided  that
14    a  municipality may not acquire, construct, own, or operate a
15    community antenna television system for the use or benefit of
16    private consumers or users, and may not charge a fee for that
17    consumption  or  use,  unless  the  proposition  to  acquire,
18    construct, own, or operate a cable antenna television  system
19    has  been  submitted  to  and approved by the electors of the
20    municipality  in  accordance  with  subsection  (f).   Before
21    acquiring,   constructing,   or  commencing  operation  of  a
22    community antenna television system,  the  municipality  must
23    shall comply with the following:
24             (1)  Give written notice to the owner or operator of
25        any  other community antenna television system franchised
26        to serve all or any portion of the territorial area to be
27        served by the municipality's community antenna television
28        system, specifying the date, time, and place at which the
29        municipality shall conduct public  hearings  to  consider
30        and  determine  whether  the municipality should acquire,
31        construct, or commence operation of a  community  antenna
32        television   system.    The   public  hearings  shall  be
 
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 1        conducted at least 14 days after this notice is given.
 2             (2)  Publish a notice of the hearing in  2  or  more
 3        newspapers   published  in  the  county,  city,  village,
 4        incorporated town, or town, as the case may be.  If there
 5        is no such newspaper, then notice shall be  published  in
 6        any  2  or  more  newspapers  published in the county and
 7        having a general circulation  throughout  the  community.
 8        The  public  hearings shall be conducted at least 14 days
 9        after this notice is given.
10             (3)  Conduct a public hearing to determine the means
11        by which construction, maintenance, and operation of  the
12        system will be financed, including whether the use of tax
13        revenues or other fees will be required.
14        (b)  The  words  "community  antenna  television  system"
15    shall  mean  any facility which is constructed in whole or in
16    part in, on, under or over any highway or other public  place
17    and  which  is  operated  to  perform for hire the service of
18    receiving and amplifying the signals broadcast by one or more
19    television stations and redistributing such signals by  wire,
20    cable  or  other means to members of the public who subscribe
21    to such  service;  except  that  such  definition  shall  not
22    include   (i)  any  system  which  serves  fewer  than  fifty
23    subscribers,  or  (ii)  any  system  which  serves  only  the
24    residents of one or more  apartment  dwellings  under  common
25    ownership,    control    or    management,   and   commercial
26    establishments located on the premises of such dwellings.
27        (c)  The  authority  hereby  granted  does  not   include
28    authority  to  license,  franchise or tax telephone companies
29    subject to jurisdiction of the Illinois  Commerce  Commission
30    or  the  Federal Communications Commission in connection with
31    the  furnishing  of  circuits,  wires,  cables,   and   other
32    facilities  to the operator of a community antenna television
33    system.
34        The corporate authorities of each  municipality  may,  in
 
                            -11-     LRB093 09363 BDD 09598 b
 1    the  course  of franchising such community antenna television
 2    system, grant to such franchisee the authority and the  right
 3    and  permission  to  use  all  public streets, rights of way,
 4    alleys,  ways   for   public   service   facilities,   parks,
 5    playgrounds,  school  grounds,  or  other  public grounds, in
 6    which  such  municipality  may  have  an  interest,  for  the
 7    construction,    installation,    operation,     maintenance,
 8    alteration, addition, extension or improvement of a community
 9    antenna television system.
10        Any  charge  imposed  by  a  community antenna television
11    system franchised pursuant to this Section for the raising or
12    removal of cables or lines to permit passage on, to or from a
13    street  shall  not  exceed  the  reasonable  costs  of   work
14    reasonably necessary to safely permit such passage.  Pursuant
15    to subsections (h) and (i) of Section 6 of Article VII of the
16    Constitution  of  the State of Illinois, the General Assembly
17    declares the regulation of charges which may  be  imposed  by
18    community  antenna  television  systems  for  the  raising or
19    removal of cables or lines to permit passage on, to  or  from
20    streets is a power or function to be exercised exclusively by
21    the  State  and not to be exercised or performed concurrently
22    with the State by any unit of local government, including any
23    home rule unit.
24        The  municipality  may,  upon  written  request  by   the
25    franchisee of a community antenna television system, exercise
26    its  right  of  eminent  domain  solely  for  the  purpose of
27    granting an easement right no greater than 8 feet  in  width,
28    extending  no  greater  than 8 feet from any lot line for the
29    purpose of extending cable across any parcel of  property  in
30    the  manner  provided by the law of eminent domain, provided,
31    however,  such  franchisee  deposits  with  the  municipality
32    sufficient  security  to  pay  all  costs  incurred  by   the
33    municipality in the exercise of its right of eminent domain.
34        (d)  The   General   Assembly  finds  and  declares  that
 
                            -12-     LRB093 09363 BDD 09598 b
 1    satellite-transmitted  television   programming   should   be
 2    available   to   those   who  desire  to  subscribe  to  such
 3    programming and that decoding devices should be obtainable at
 4    reasonable  prices  by  those  who  are  unable   to   obtain
 5    satellite-transmitted  television  programming  through  duly
 6    franchised community antenna television systems.
 7        In  any  instance  in  which a person is unable to obtain
 8    satellite-transmitted television programming through  a  duly
 9    franchised community antenna television system either because
10    the  municipality and county in which such person resides has
11    not granted a franchise to operate and maintain  a  community
12    antenna  television  system,  or  because the duly franchised
13    community antenna television system operator  does  not  make
14    cable  television  services  available  to  such  person, any
15    programming  company  that   delivers   satellite-transmitted
16    television  programming  in scrambled or encrypted form shall
17    ensure that devices for description of such  programming  are
18    made  available  to  such person, through the local community
19    antenna television operator  or  directly,  for  purchase  or
20    lease at prices reasonably related to the cost of manufacture
21    and distribution of such devices.
22        (e)  The  General  Assembly  finds  and declares that, in
23    order to ensure that community  antenna  television  services
24    are  provided  in  an  orderly,  competitive and economically
25    sound manner, the best interests of the public will be served
26    by  the  establishment  of  certain  minimum  standards   and
27    procedures  for  the  granting of additional cable television
28    franchises.
29        Subject  to  the  provisions  of  this  subsection,   the
30    authority  granted  under subsection (a) hereof shall include
31    the authority to license, franchise and  tax  more  than  one
32    cable   operator  to  provide  community  antenna  television
33    services within the corporate limits of a single  franchising
34    authority.  For purposes of this subsection (e), the term:
 
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 1             (i)  "Existing  cable  television franchise" means a
 2        community  antenna  television  franchise  granted  by  a
 3        municipality  which  is  in  use   at   the   time   such
 4        municipality   receives  an  application  or  request  by
 5        another cable operator for a franchise to  provide  cable
 6        antenna  television services within all or any portion of
 7        the territorial area which is or may be served under  the
 8        existing cable television franchise.
 9             (ii)  "Additional  cable television franchise" means
10        a  franchise  pursuant   to   which   community   antenna
11        television   services   may   be   provided   within  the
12        territorial areas, or any portion thereof, which  may  be
13        served under an existing cable television franchise.
14             (iii)  "Franchising  Authority"  is  defined as that
15        term  is  defined  under  Section  602(9)  of  the  Cable
16        Communications Policy Act of 1984, Public Law 98-549, but
17        does not include any municipality with  a  population  of
18        1,000,000 or more.
19             (iv)  "Cable  operator"  is  defined as that term is
20        defined under Section 602(4) of the Cable  Communications
21        Policy Act of 1984, Public Law 98-549.
22        Before granting an additional cable television franchise,
23    the franchising authority shall:
24             (1)  Give written notice to the owner or operator of
25        any  other community antenna television system franchised
26        to serve all or any portion of the territorial area to be
27        served by such  additional  cable  television  franchise,
28        identifying  the  applicant for such additional franchise
29        and specifying the date, time  and  place  at  which  the
30        franchising  authority  shall  conduct public hearings to
31        consider and  determine  whether  such  additional  cable
32        television franchise should be granted.
33             (2)  Conduct  a  public  hearing  to  determine  the
34        public   need   for   such  additional  cable  television
 
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 1        franchise,  the  capacity  of  public  rights-of-way   to
 2        accommodate  such additional community antenna television
 3        services, the potential disruption to existing  users  of
 4        public  rights-of-way  to  be  used  by  such  additional
 5        franchise  applicant  to  complete  construction  and  to
 6        provide  cable  television  services  within the proposed
 7        franchise area, the long term  economic  impact  of  such
 8        additional  cable television system within the community,
 9        and such other factors as the franchising authority shall
10        deem appropriate.
11             (3)  Determine, based upon  the  foregoing  factors,
12        whether it is in the best interest of the municipality to
13        grant such additional cable television franchise.
14             (4)  If  the  franchising  authority shall determine
15        that it is in the best interest of the municipality to do
16        so,  it  may  grant  the  additional   cable   television
17        franchise.   Except  as provided in paragraph (5) of this
18        subsection  (e),  no  such  additional  cable  television
19        franchise shall be granted under terms or conditions more
20        favorable or less burdensome to the applicant than  those
21        required  under  the existing cable television franchise,
22        including  but  not  limited  to  terms  and   conditions
23        pertaining  to  the  territorial extent of the franchise,
24        system   design,   technical    performance    standards,
25        construction  schedules, performance bonds, standards for
26        construction  and  installation   of   cable   television
27        facilities,  service  to  subscribers, public educational
28        and  governmental  access   channels   and   programming,
29        production assistance, liability and indemnification, and
30        franchise fees.
31             (5)  Unless  the existing cable television franchise
32        provides that any additional cable  television  franchise
33        shall  be  subject  to  the  same  terms or substantially
34        equivalent terms and conditions as those of the  existing
 
                            -15-     LRB093 09363 BDD 09598 b
 1        cable television franchise, the franchising authority may
 2        grant  an  additional  cable  television  franchise under
 3        different terms and conditions than those of the existing
 4        franchise, in which event the franchising authority shall
 5        enter into good  faith  negotiations  with  the  existing
 6        franchisee and shall, within 120 days after the effective
 7        date of the additional cable television franchise, modify
 8        the  existing  cable television franchise in a manner and
 9        to the  extent  necessary  to  ensure  that  neither  the
10        existing  cable  television  franchise nor the additional
11        cable  television  franchise,  each  considered  in   its
12        entirety,  provides  a  competitive  advantage  over  the
13        other,  provided  that  prior  to  modifying the existing
14        cable television  franchise,  the  franchising  authority
15        shall  have  conducted  a  public hearing to consider the
16        proposed modification.   No modification in the terms and
17        conditions of the  existing  cable  television  franchise
18        shall oblige the existing cable television franchisee (1)
19        to   make  any  additional  payment  to  the  franchising
20        authority,  including  the  payment  of  any   additional
21        franchise   fee,   (2)   to   engage  in  any  additional
22        construction of the existing cable television system  or,
23        (3)  to  modify  the  specifications  or  design  of  the
24        existing  cable  television  system; and the inclusion of
25        the factors identified in items (2) and (3) shall not  be
26        considered   in   determining  whether  either  franchise
27        considered in its entirety, has a  competitive  advantage
28        over  the  other except to the extent that the additional
29        franchisee provides additional video or data services  or
30        the  equipment or facilities necessary to generate and or
31        carry such service.   No modification in  the  terms  and
32        conditions  of  the  existing  cable television franchise
33        shall be made if the existing cable television franchisee
34        elects  to  continue  to  operate  under  all  terms  and
 
                            -16-     LRB093 09363 BDD 09598 b
 1        conditions of the existing franchise.
 2             If  within  the  120  day  period  the   franchising
 3        authority  and  the  existing cable television franchisee
 4        are unable to reach agreement  on  modifications  to  the
 5        existing cable television franchise, then the franchising
 6        authority  shall  modify  the  existing  cable television
 7        franchise, effective 45 days thereafter, in a manner, and
 8        only to the extent, that the terms and conditions of  the
 9        existing  cable  television  franchise  shall  no  longer
10        impose  any duty or obligation on the existing franchisee
11        which is not also  imposed  under  the  additional  cable
12        television franchise; however, if by the modification the
13        existing  cable  television  franchisee  is  relieved  of
14        duties  or  obligations  not imposed under the additional
15        cable television franchise, then within the same 45  days
16        and following a public hearing concerning modification of
17        the  additional cable television franchise within that 45
18        day period, the franchising authority  shall  modify  the
19        additional  cable  television  franchise  to  the  extent
20        necessary  to  insure  that  neither  the  existing cable
21        television franchise nor the additional cable  television
22        franchise,  each considered in its entirety, shall have a
23        competitive advantage over the other.
24        No municipality shall be  subject  to  suit  for  damages
25    based  upon  the municipality's determination to grant or its
26    refusal to grant an additional  cable  television  franchise,
27    provided  that  a  public hearing as herein provided has been
28    held and the franchising authority has determined that it  is
29    in  the  best interest of the municipality to grant or refuse
30    to grant such additional franchise, as the case may be.
31        It is declared to be the law of this State,  pursuant  to
32    paragraphs  (h)  and  (i)  of Section 6 of Article VII of the
33    Illinois Constitution,  that  the  establishment  of  minimum
34    standards and procedures for the granting of additional cable
 
                            -17-     LRB093 09363 BDD 09598 b
 1    television  franchises  by  municipalities  with a population
 2    less than 1,000,000 as provided in this subsection (e) is  an
 3    exclusive  State power and function that may not be exercised
 4    concurrently by a home rule unit.
 5        (f)  No municipality  may  acquire,  construct,  own,  or
 6    operate  a  community  antenna  television  system unless the
 7    corporate authorities adopt an ordinance.  The ordinance must
 8    set forth the action proposed; describe the plant, equipment,
 9    and property to be acquired or constructed; and  specifically
10    describe  the  manner in which the construction, acquisition,
11    and operation of the system will be financed.
12        The ordinance may not take effect until the  question  of
13    acquiring,  construction,  owning,  or  operating a community
14    antenna television system has been submitted to the  electors
15    of  the  municipality at a regular election and approved by a
16    majority  of  the  electors  voting  on  the  question.   The
17    corporate authorities must certify the question to the proper
18    election authority, which must  submit  the  question  at  an
19    election in accordance with the Election Code.
20        The  question  must  be  submitted  in  substantially the
21    following form:
22             Shall the ordinance authorizing the municipality  to
23        (insert action authorized by ordinance) take effect?
24    The votes must be recorded as "Yes" or "No".
25        If  a majority of electors voting on the question vote in
26    the affirmative, the ordinance shall take effect.
27        Not more than 30 or less than 15 days before the date  of
28    the   referendum,   the  municipal  clerk  must  publish  the
29    ordinance at least once in one or more  newspapers  published
30    in  the  municipality or, if no newspaper is published in the
31    municipality,  in  one  or   more   newspapers   of   general
32    circulation within the municipality.
33    (Source: P.A. 90-285, eff. 7-31-97; 91-648, eff. 1-1-00.)