Consumer Protection Committee
Adopted in House Comm. on Feb 25, 2004
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1 | AMENDMENT TO HOUSE BILL 4413
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2 | AMENDMENT NO. ______. Amend House Bill 4413 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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)
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7 | Sec. 5-1095. Community antenna television systems; | ||||||
8 | satellite
transmitted television programming.
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9 | (a) The County Board may license,
tax or franchise the | ||||||
10 | business of operating a community antenna television
system or | ||||||
11 | systems within the County and outside of a municipality, as
| ||||||
12 | defined in Section 1-1-2 of the Illinois Municipal Code.
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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 that | ||||||
19 | 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 |
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| |||||||
1 | only to the county for a
period of 5 years or until, by its | ||||||
2 | terms, the franchise expires, whichever
occurs first. After the | ||||||
3 | 5 year period, any franchise fees payable under
the franchise | ||||||
4 | shall be paid to the annexing municipality. In any
instance in | ||||||
5 | which a duly franchised community antenna television system is
| ||||||
6 | providing cable television services within the annexing | ||||||
7 | municipality at the
time of annexation, the annexing | ||||||
8 | municipality may permit that
franchisee to extend its community | ||||||
9 | antenna television system to the annexed
area under terms and | ||||||
10 | conditions that are no more burdensome nor less
favorable to | ||||||
11 | that franchisee than those imposed under any community antenna
| ||||||
12 | television franchise applicable to the annexed area at the time | ||||||
13 | of annexation.
The authorization to extend cable television | ||||||
14 | service to the annexed area and
any community antenna | ||||||
15 | television system authorized to provide cable television
| ||||||
16 | services within the annexed area at the time of annexation | ||||||
17 | shall not be subject
to the provisions of subsection (e) of | ||||||
18 | this Section.
| ||||||
19 | (b) "Community antenna television system" as used in this | ||||||
20 | Section, means
any facility which is constructed in whole or in | ||||||
21 | part in, on, under or
over any highway or other public place | ||||||
22 | and which is operated to perform
for hire the service of | ||||||
23 | receiving and amplifying the signals broadcast
by one or more | ||||||
24 | television stations and redistributing such signals by
wire, | ||||||
25 | cable or other means to members of the public who subscribe to
| ||||||
26 | such service except that such term does not include (i) any | ||||||
27 | system which
serves fewer than 50 subscribers or (ii) any | ||||||
28 | system which serves only
the residents of one or more apartment | ||||||
29 | dwellings under common ownership,
control or management, and | ||||||
30 | commercial establishments located on the
premises of such | ||||||
31 | dwellings.
| ||||||
32 | (c) The authority hereby granted does not include the | ||||||
33 | authority to
license or franchise telephone companies subject | ||||||
34 | to the jurisdiction of
the Illinois Commerce Commission or the |
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| |||||||
1 | Federal Communications
Commission in connection with | ||||||
2 | furnishing circuits, wires, cables or
other facilities to the | ||||||
3 | operator of a community antenna television
system.
| ||||||
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.
| ||||||
27 | The County Board may, upon written request by the | ||||||
28 | franchisee of a community
antenna television system, exercise | ||||||
29 | its right of eminent domain solely for
the purpose of granting | ||||||
30 | an easement right no greater than 8 feet in width,
extending no | ||||||
31 | greater than 8 feet from any lot line for the purpose of
| ||||||
32 | extending cable across any parcel of property in the manner | ||||||
33 | provided for by
the law of eminent domain, provided, however, | ||||||
34 | such franchisee deposits with
the county sufficient security to |
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1 | pay all costs incurred by the county in
the exercise of its | ||||||
2 | right of eminent domain.
| ||||||
3 | Except as specifically provided otherwise in this Section, | ||||||
4 | this
Section is not a limitation on any home rule county.
| ||||||
5 | (d) The General Assembly finds and declares that | ||||||
6 | satellite-transmitted
television programming should be | ||||||
7 | available to those who desire to subscribe
to such programming | ||||||
8 | and that decoding devices should be obtainable at
reasonable | ||||||
9 | prices by those who are unable to obtain satellite-transmitted
| ||||||
10 | television programming through duly franchised community | ||||||
11 | antenna television
systems.
| ||||||
12 | In any instance in which a person is unable to obtain
| ||||||
13 | satellite-transmitted television programming through a duly | ||||||
14 | franchised
community antenna television system either because | ||||||
15 | the municipality and
county in which such person resides has | ||||||
16 | not granted a franchise to operate
and maintain a community | ||||||
17 | antenna television system, or because the duly
franchised | ||||||
18 | community antenna television system operator does not make | ||||||
19 | cable
television services available to such person, any | ||||||
20 | programming company that
delivers satellite-transmitted | ||||||
21 | television programming in scrambled or
encrypted form shall | ||||||
22 | ensure that devices for decryption of such programming
are made | ||||||
23 | available to such person, through the local community antenna
| ||||||
24 | television operator or directly, for purchase or lease at | ||||||
25 | prices reasonably
related to the cost of manufacture and | ||||||
26 | distribution of such devices.
| ||||||
27 | (e) The General Assembly finds and declares that, in order | ||||||
28 | to ensure that
community antenna television services are | ||||||
29 | provided in an orderly,
competitive and economically sound | ||||||
30 | manner, the best interests of the public
will be served by the | ||||||
31 | establishment of certain minimum standards and
procedures for | ||||||
32 | the granting of additional cable television franchises.
| ||||||
33 | Subject to the provisions of this subsection, the authority
| ||||||
34 | granted under subsection (a) hereof shall include the authority |
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| |||||||
1 | to license,
franchise and tax more than one cable operator to | ||||||
2 | provide community antenna
television services within the | ||||||
3 | territorial limits of a single franchising
authority. For | ||||||
4 | purposes of this subsection (e), the term:
| ||||||
5 | (i) "Existing cable television franchise" means a | ||||||
6 | community antenna
television franchise granted by a county | ||||||
7 | which is in use at the time
such county receives an | ||||||
8 | application or request by another cable
operator for a | ||||||
9 | franchise to provide cable antenna television services
| ||||||
10 | within all or any portion of the territorial area which is | ||||||
11 | or may be served
under the existing cable television | ||||||
12 | franchise.
| ||||||
13 | (ii) "Additional cable television franchise" means a | ||||||
14 | franchise pursuant
to which community antenna television | ||||||
15 | services may be provided within the
territorial areas, or | ||||||
16 | any portion thereof, which may be served under an
existing | ||||||
17 | cable television franchise.
| ||||||
18 | (iii) "Franchising Authority" is defined as that term | ||||||
19 | is defined under
Section 602(9) of the Cable Communications | ||||||
20 | Policy Act of 1984, Public Law
98-549.
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21 | (iv) "Cable operator" is defined as that term is | ||||||
22 | defined under Section
602(4) of the Cable Communications | ||||||
23 | Policy Act of 1984, Public Law 98-549.
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24 | Before granting an additional cable television franchise, | ||||||
25 | the franchising
authority shall:
| ||||||
26 | (1) Give written notice to the owner or operator of any | ||||||
27 | other community
antenna television system franchised to | ||||||
28 | serve all or any portion of the
territorial area to be | ||||||
29 | served by such additional cable television
franchise, | ||||||
30 | identifying the applicant for such additional franchise | ||||||
31 | and
specifying the date, time and place at which the | ||||||
32 | franchising authority
shall conduct public hearings to | ||||||
33 | consider and determine whether such
additional cable | ||||||
34 | television franchise should be granted.
|
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| |||||||
1 | (2) Conduct a public hearing to determine the public | ||||||
2 | need for such
additional cable television franchise, the | ||||||
3 | capacity of public rights-of-way
to accommodate such | ||||||
4 | additional community antenna television services, the
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5 | potential disruption to existing users of public | ||||||
6 | rights-of-way to be used
by such additional franchise | ||||||
7 | applicant to complete construction and to
provide cable | ||||||
8 | television services within the proposed franchise area, | ||||||
9 | the
long term economic impact of such additional cable | ||||||
10 | television system within
the community, and such other | ||||||
11 | factors as the franchising authority shall
deem | ||||||
12 | appropriate.
| ||||||
13 | (3) Determine, based upon the foregoing factors, | ||||||
14 | whether it is in the
best interest of the county to grant | ||||||
15 | such additional cable
television franchise.
| ||||||
16 | (4) If the franchising authority shall determine that | ||||||
17 | it is in the
best
interest
of the county to do so, it may | ||||||
18 | grant the additional cable
television franchise. Except as | ||||||
19 | provided in paragraph (5) of this subsection
(e), no such | ||||||
20 | additional cable television
franchise shall be granted | ||||||
21 | under terms or conditions more favorable or less
burdensome | ||||||
22 | to the applicant than those required under the existing | ||||||
23 | cable
television franchise, including but not limited to | ||||||
24 | terms and conditions
pertaining to the territorial extent | ||||||
25 | of the franchise, system design,
technical performance | ||||||
26 | standards, construction schedules, performance bonds,
| ||||||
27 | standards for construction and installation of cable | ||||||
28 | television facilities,
service to subscribers, public | ||||||
29 | educational and governmental access channels
and | ||||||
30 | programming, production assistance, liability and | ||||||
31 | indemnification, and
franchise fees.
| ||||||
32 | (5) Unless the existing cable television franchise | ||||||
33 | provides that any
additional cable television franchise | ||||||
34 | shall be subject to the same terms or
substantially |
| |||||||
| |||||||
1 | equivalent terms and conditions as those of the existing | ||||||
2 | cable
television franchise, the franchising authority may | ||||||
3 | grant an additional cable
television franchise under | ||||||
4 | different terms and conditions than those of the
existing | ||||||
5 | franchise, in which event the franchising authority shall | ||||||
6 | enter into
good faith negotiations with the existing | ||||||
7 | franchisee and shall, within 120 days
after the effective | ||||||
8 | date of the additional cable television franchise, modify
| ||||||
9 | the existing cable television franchise in a manner and to | ||||||
10 | the extent necessary
to ensure that neither the existing | ||||||
11 | cable television franchise nor the
additional cable | ||||||
12 | television
franchise, each considered in its entirety, | ||||||
13 | provides a competitive advantage
over the other, provided | ||||||
14 | that prior to modifying the existing cable television
| ||||||
15 | franchise, the franchising authority shall have conducted | ||||||
16 | a public hearing to
consider the proposed modification.
No | ||||||
17 | modification in the terms and
conditions of the existing | ||||||
18 | cable television franchise shall oblige the existing
cable | ||||||
19 | television franchisee (1) to make any additional payment to | ||||||
20 | the
franchising authority, including the payment of any | ||||||
21 | additional 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 existing | ||||||
24 | cable television system;
and the inclusion of the factors | ||||||
25 | identified in items (2) and (3) shall not be
considered in | ||||||
26 | determining whether either franchise considered in its | ||||||
27 | entirety,
has a competitive advantage over the other except | ||||||
28 | to the extent that the
additional franchisee provides | ||||||
29 | additional video or data services or the
equipment or | ||||||
30 | facilities necessary to generate and or carry such service.
| ||||||
31 | No modification in the terms and
conditions of the existing | ||||||
32 | cable television franchise shall be made if the
existing | ||||||
33 | cable television franchisee elects to continue to operate | ||||||
34 | under all
terms and conditions of the existing franchise.
|
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| |||||||
1 | If within the 120 day period the franchising authority | ||||||
2 | and the existing
cable television franchisee are unable to | ||||||
3 | reach agreement on modifications to
the existing cable | ||||||
4 | television franchise, then the franchising authority shall
| ||||||
5 | modify the existing cable television franchise, effective | ||||||
6 | 45 days thereafter,
in a manner, and only to the extent, | ||||||
7 | that the terms and conditions of the
existing cable | ||||||
8 | television franchise shall no longer impose any duty or
| ||||||
9 | obligation on the existing franchisee which is not also | ||||||
10 | imposed under the
additional cable television franchise; | ||||||
11 | however, if by the modification the
existing cable | ||||||
12 | television franchisee is relieved of duties or obligations | ||||||
13 | not
imposed under the additional cable television | ||||||
14 | franchise, then within the same
45
days and following a | ||||||
15 | public hearing concerning modification of the additional
| ||||||
16 | cable television franchise within that 45 day period, the | ||||||
17 | franchising authority
shall modify the additional cable | ||||||
18 | television franchise to the extent necessary
to insure that | ||||||
19 | neither the existing cable television franchise nor the
| ||||||
20 | additional cable television franchise, each considered in | ||||||
21 | its entirety, shall
have a
competitive advantage over the | ||||||
22 | other.
| ||||||
23 | No county shall be subject to suit for damages based upon | ||||||
24 | the
county's determination to grant or its refusal to grant an | ||||||
25 | additional cable
television franchise, provided that a
public | ||||||
26 | hearing as herein provided has been held and the franchising
| ||||||
27 | authority has determined that it is in the best interest of the
| ||||||
28 | county to grant or refuse to grant such additional franchise, | ||||||
29 | as the case
may be.
| ||||||
30 | It is declared to be the law of this State, pursuant to | ||||||
31 | paragraphs (h)
and (i) of Section 6 of Article VII of the | ||||||
32 | Illinois Constitution, that the
establishment of minimum | ||||||
33 | standards and procedures for the granting of
additional cable | ||||||
34 | television franchises as provided in this subsection (e)
is an |
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| |||||||
1 | exclusive State power and function that may not be exercised
| ||||||
2 | concurrently by a home rule unit.
| ||||||
3 | (f) An existing cable television franchise serving 1,000 or | ||||||
4 | more customers shall not impose a rate increase unless: | ||||||
5 | (1) the cable television franchise gives its customers | ||||||
6 | at least 60 days' notice of the increase; | ||||||
7 | (2) the county board conducts a public hearing to | ||||||
8 | determine the need for the rate increase at least 14 days | ||||||
9 | after the notice is given; and | ||||||
10 | (3) the cable television franchise includes notice of | ||||||
11 | the rate increase and public hearing on the customer's | ||||||
12 | billing statement.
| ||||||
13 | The requirements of this subsection do not preempt | ||||||
14 | conditions included in a franchise agreement between a | ||||||
15 | county and the business operating a community antenna | ||||||
16 | television system within the county and outside of a | ||||||
17 | municipality.
| ||||||
18 | (g) An existing cable television franchise serving less | ||||||
19 | than 1,000 customers shall not impose a rate increase unless | ||||||
20 | the franchise gives its customers at least 60 days' notice of | ||||||
21 | the increase.
| ||||||
22 | (Source: P.A. 90-14, eff. 7-1-97; 90-285, eff. 7-31-97.)
| ||||||
23 | Section 10. The Illinois Municipal Code is amended by | ||||||
24 | changing Section 11-42-11 as follows:
| ||||||
25 | (65 ILCS 5/11-42-11) (from Ch. 24, par. 11-42-11)
| ||||||
26 | Sec. 11-42-11. Community antenna television systems; | ||||||
27 | satellite transmitted
television programming.
| ||||||
28 | (a) The corporate authorities of each municipality may
| ||||||
29 | license, franchise and tax the business of operating a | ||||||
30 | community antenna
television system as hereinafter defined. In | ||||||
31 | municipalities with less
than 2,000,000 inhabitants, the | ||||||
32 | corporate authorities may, under the limited
circumstances set |
| |||||||
| |||||||
1 | forth in this Section, own (or lease as
lessee) and operate a | ||||||
2 | community antenna television system; provided that a
| ||||||
3 | municipality may not acquire,
construct,
own, or operate a | ||||||
4 | community antenna television system
for the use
or benefit
of | ||||||
5 | private consumers or users, and may not charge a fee for that | ||||||
6 | consumption or
use,
unless the proposition to acquire, | ||||||
7 | construct, own, or operate a cable antenna
television system | ||||||
8 | has been submitted to and approved by the electors
of the | ||||||
9 | municipality in accordance with subsection (f).
Before
| ||||||
10 | acquiring, constructing, or commencing operation of a | ||||||
11 | community antenna
television system, the municipality shall | ||||||
12 | comply with the following:
| ||||||
13 | (1) Give written notice to the owner or operator of any | ||||||
14 | other
community antenna television system franchised to | ||||||
15 | serve all or any portion
of the territorial area to be | ||||||
16 | served by the municipality's community
antenna television | ||||||
17 | system, specifying the date, time, and place at which
the | ||||||
18 | municipality shall conduct public hearings to consider and | ||||||
19 | determine
whether the municipality should acquire, | ||||||
20 | construct, or commence operation
of a community antenna | ||||||
21 | television system. The public hearings shall be
conducted | ||||||
22 | at least 14 days after this notice is given.
| ||||||
23 | (2) Publish a notice of the hearing in 2 or more | ||||||
24 | newspapers published
in the county, city, village, | ||||||
25 | incorporated town, or town, as the case may
be. If there is | ||||||
26 | no such newspaper, then notice shall be published in any 2
| ||||||
27 | or more newspapers published in the county and having a | ||||||
28 | general circulation
throughout the community. The public | ||||||
29 | hearings shall be conducted at least
14 days after this | ||||||
30 | notice is given.
| ||||||
31 | (3) Conduct a public hearing to determine the means by | ||||||
32 | which
construction, maintenance, and operation of the | ||||||
33 | system will be financed,
including whether the use of tax | ||||||
34 | revenues or other fees will be required.
|
| |||||||
| |||||||
1 | (b) The words "community antenna television system" shall | ||||||
2 | mean any facility
which is constructed in whole or in part in, | ||||||
3 | on, under or over any highway
or other public place and which | ||||||
4 | is operated to perform for hire the service
of receiving and | ||||||
5 | amplifying the signals broadcast by one or more television
| ||||||
6 | stations and redistributing such signals by wire, cable or | ||||||
7 | other means to
members of the public who subscribe to such | ||||||
8 | service; except that such
definition shall not include (i) any | ||||||
9 | system which serves fewer than fifty
subscribers, or (ii) any | ||||||
10 | system which serves only the residents of one or
more apartment | ||||||
11 | dwellings under common ownership, control or management, and
| ||||||
12 | commercial establishments located on the premises of such | ||||||
13 | dwellings.
| ||||||
14 | (c) The authority hereby granted does not include authority | ||||||
15 | to license,
franchise or tax telephone companies subject to | ||||||
16 | jurisdiction of the
Illinois Commerce Commission or the Federal | ||||||
17 | Communications Commission in
connection with the furnishing of | ||||||
18 | circuits, wires, cables, and other
facilities to the operator | ||||||
19 | of a community antenna television system.
| ||||||
20 | The corporate authorities of each municipality may, in the | ||||||
21 | course of
franchising such community antenna television | ||||||
22 | system, grant to such franchisee
the authority and the right | ||||||
23 | and permission to use all public streets, rights
of way, | ||||||
24 | alleys, ways for public service facilities, parks, | ||||||
25 | playgrounds,
school grounds, or other public grounds, in which | ||||||
26 | such municipality may
have an interest, for the construction, | ||||||
27 | installation, operation, maintenance,
alteration, addition, | ||||||
28 | extension or improvement of a community antenna
television | ||||||
29 | system.
| ||||||
30 | Any charge imposed by a community antenna television system | ||||||
31 | franchised
pursuant to this Section for the raising or removal | ||||||
32 | of cables or lines to
permit passage on, to or from a street | ||||||
33 | shall not exceed the reasonable
costs of work reasonably | ||||||
34 | necessary to safely permit such passage. Pursuant
to |
| |||||||
| |||||||
1 | subsections (h) and (i) of Section 6 of Article VII of the | ||||||
2 | Constitution
of the State of Illinois, the General Assembly | ||||||
3 | declares the regulation of
charges which may be imposed by | ||||||
4 | community antenna television systems for
the raising or removal | ||||||
5 | of cables or lines to permit passage on, to or from
streets is | ||||||
6 | a power or function to be exercised exclusively by the State | ||||||
7 | and
not to be exercised or performed concurrently with the | ||||||
8 | State by any unit of
local government, including any home rule | ||||||
9 | unit.
| ||||||
10 | The municipality may, upon written request by the | ||||||
11 | franchisee of a community
antenna television system, exercise | ||||||
12 | its right of eminent domain
solely for the purpose of granting | ||||||
13 | an easement right no greater than 8 feet
in width, extending no | ||||||
14 | greater than 8 feet from any lot line for the purpose
of | ||||||
15 | extending cable across any parcel of property in the manner | ||||||
16 | provided
by the law of eminent domain, provided, however, such | ||||||
17 | franchisee deposits
with the municipality sufficient security | ||||||
18 | to pay all costs incurred by the
municipality in the exercise | ||||||
19 | of its right of eminent domain.
| ||||||
20 | (d) The General Assembly finds and declares that | ||||||
21 | satellite-transmitted
television programming should be | ||||||
22 | available to those who desire to subscribe
to such programming | ||||||
23 | and that decoding devices should be obtainable at
reasonable | ||||||
24 | prices by those who are unable to obtain satellite-transmitted
| ||||||
25 | television programming through duly franchised community | ||||||
26 | antenna television
systems.
| ||||||
27 | In any instance in which a person is unable to obtain
| ||||||
28 | satellite-transmitted television programming through a duly | ||||||
29 | franchised
community antenna television system either because | ||||||
30 | the municipality and
county in which such person resides has | ||||||
31 | not granted a franchise to operate
and maintain a community | ||||||
32 | antenna television system, or because the duly
franchised | ||||||
33 | community antenna television system operator does not make | ||||||
34 | cable
television services available to such person, any |
| |||||||
| |||||||
1 | programming company that
delivers satellite-transmitted | ||||||
2 | television programming in scrambled or
encrypted form shall | ||||||
3 | ensure that devices for description of such programming
are | ||||||
4 | made available to such person, through the local community | ||||||
5 | antenna
television operator or directly, for purchase or lease | ||||||
6 | at prices reasonably
related to the cost of manufacture and | ||||||
7 | distribution of such devices.
| ||||||
8 | (e) The General Assembly finds and declares that, in order | ||||||
9 | to ensure that
community antenna television services are | ||||||
10 | provided in an orderly,
competitive and economically sound | ||||||
11 | manner, the best interests of the public
will be served by the | ||||||
12 | establishment of certain minimum standards and
procedures for | ||||||
13 | the granting of additional cable television franchises.
| ||||||
14 | Subject to the provisions of this subsection, the authority
| ||||||
15 | granted under subsection (a) hereof shall include the authority | ||||||
16 | to license,
franchise and tax more than one cable operator to | ||||||
17 | provide community antenna
television services within the | ||||||
18 | corporate limits of a single franchising
authority. For | ||||||
19 | purposes of this subsection (e), the term:
| ||||||
20 | (i) "Existing cable television franchise" means a | ||||||
21 | community antenna
television franchise granted by a | ||||||
22 | municipality which is in use at the time
such municipality | ||||||
23 | receives an application or request by another cable
| ||||||
24 | operator for a franchise to provide cable antenna | ||||||
25 | television services
within all or any portion of the | ||||||
26 | territorial area which is or may be served
under the | ||||||
27 | existing cable television franchise.
| ||||||
28 | (ii) "Additional cable television franchise" means a | ||||||
29 | franchise pursuant
to which community antenna television | ||||||
30 | services may be provided within the
territorial areas, or | ||||||
31 | any portion thereof, which may be served under an
existing | ||||||
32 | cable television franchise.
| ||||||
33 | (iii) "Franchising Authority" is defined as that term | ||||||
34 | is defined under
Section 602(9) of the Cable Communications |
| |||||||
| |||||||
1 | Policy Act of 1984, Public Law
98-549, but does not include | ||||||
2 | any municipality with a population of 1,000,000
or more.
| ||||||
3 | (iv) "Cable operator" is defined as that term is | ||||||
4 | defined under Section
602(4) of the Cable Communications | ||||||
5 | Policy Act of 1984, Public Law 98-549.
| ||||||
6 | Before granting an additional cable television franchise, | ||||||
7 | the franchising
authority shall:
| ||||||
8 | (1) Give written notice to the owner or operator of any | ||||||
9 | other community
antenna television system franchised to | ||||||
10 | serve all or any portion of the
territorial area to be | ||||||
11 | served by such additional cable television
franchise, | ||||||
12 | identifying the applicant for such additional franchise | ||||||
13 | and
specifying the date, time and place at which the | ||||||
14 | franchising authority
shall conduct public hearings to | ||||||
15 | consider and determine whether such
additional cable | ||||||
16 | television franchise should be granted.
| ||||||
17 | (2) Conduct a public hearing to determine the public | ||||||
18 | need for such
additional cable television franchise, the | ||||||
19 | capacity of public rights-of-way
to accommodate such | ||||||
20 | additional community antenna television services, the
| ||||||
21 | potential disruption to existing users of public | ||||||
22 | rights-of-way to be used
by such additional franchise | ||||||
23 | applicant to complete construction and to
provide cable | ||||||
24 | television services within the proposed franchise area, | ||||||
25 | the
long term economic impact of such additional cable | ||||||
26 | television system within
the community, and such other | ||||||
27 | factors as the franchising authority shall
deem | ||||||
28 | appropriate.
| ||||||
29 | (3) Determine, based upon the foregoing factors, | ||||||
30 | whether it is in the
best interest of the municipality to | ||||||
31 | grant such additional cable television
franchise.
| ||||||
32 | (4) If the franchising authority shall determine that | ||||||
33 | it is in the
best
interest of the municipality to do so, it | ||||||
34 | may grant the additional cable
television franchise. |
| |||||||
| |||||||
1 | Except as provided in paragraph (5) of this subsection
(e), | ||||||
2 | no such additional cable television
franchise shall be | ||||||
3 | granted under terms or conditions more favorable or less
| ||||||
4 | burdensome to the applicant than those required under the | ||||||
5 | existing cable
television franchise, including but not | ||||||
6 | limited to terms and conditions
pertaining to the | ||||||
7 | territorial extent of the franchise, system design,
| ||||||
8 | technical performance standards, construction schedules, | ||||||
9 | performance
bonds, standards for construction and | ||||||
10 | installation of cable television
facilities, service to | ||||||
11 | subscribers, public educational and governmental
access | ||||||
12 | channels and programming, production assistance, liability | ||||||
13 | and
indemnification, and franchise fees.
| ||||||
14 | (5) Unless the existing cable television franchise | ||||||
15 | provides that any
additional cable television franchise | ||||||
16 | shall be subject to the same terms or
substantially | ||||||
17 | equivalent terms and conditions as those of the existing | ||||||
18 | cable
television franchise, the franchising authority may | ||||||
19 | grant an additional cable
television franchise under | ||||||
20 | different terms and conditions than those of the
existing | ||||||
21 | franchise, in which event the franchising authority shall | ||||||
22 | enter into
good faith negotiations with the existing | ||||||
23 | franchisee and shall, within 120 days
after the effective | ||||||
24 | date of the additional cable television franchise, modify
| ||||||
25 | the existing cable television franchise in a manner and to | ||||||
26 | the extent necessary
to ensure that neither the existing | ||||||
27 | cable television franchise nor the
additional cable | ||||||
28 | television
franchise, each considered in its entirety, | ||||||
29 | provides a competitive advantage
over the other, provided | ||||||
30 | that prior to modifying the existing cable television
| ||||||
31 | franchise, the franchising authority shall have conducted | ||||||
32 | a public hearing to
consider the proposed modification.
No | ||||||
33 | modification in the terms and
conditions of the existing | ||||||
34 | cable television franchise shall oblige the existing
cable |
| |||||||
| |||||||
1 | television franchisee (1) to make any additional payment to | ||||||
2 | the
franchising authority, including the payment of any | ||||||
3 | additional franchise fee,
(2) to engage in any
additional | ||||||
4 | construction of the existing cable television system or, | ||||||
5 | (3) to
modify the specifications or design of the existing | ||||||
6 | cable television system;
and the inclusion of the factors | ||||||
7 | identified in items (2) and (3) shall not be
considered in | ||||||
8 | determining whether either franchise considered in its | ||||||
9 | entirety,
has a competitive advantage over the other except | ||||||
10 | to the extent that the
additional franchisee provides | ||||||
11 | additional video or data services or the
equipment or | ||||||
12 | facilities necessary to generate and or carry such service.
| ||||||
13 | No modification in the terms and
conditions of the existing | ||||||
14 | cable television franchise shall be made if the
existing | ||||||
15 | cable television franchisee elects to continue to operate | ||||||
16 | under all
terms and conditions of the existing franchise.
| ||||||
17 | If within the 120 day period the franchising authority | ||||||
18 | and the existing
cable television franchisee are unable to | ||||||
19 | reach agreement on modifications to
the existing cable | ||||||
20 | television franchise, then the franchising authority shall
| ||||||
21 | modify the existing cable television franchise, effective | ||||||
22 | 45 days thereafter,
in a manner, and only to the extent, | ||||||
23 | that the terms and conditions of the
existing cable | ||||||
24 | television franchise shall no longer impose any duty or
| ||||||
25 | obligation on the existing franchisee which is not also | ||||||
26 | imposed under the
additional cable television franchise; | ||||||
27 | however, if by the modification the
existing cable | ||||||
28 | television franchisee is relieved of duties or obligations | ||||||
29 | not
imposed under the additional cable television | ||||||
30 | franchise, then within the same
45
days and following a | ||||||
31 | public hearing concerning modification of the additional
| ||||||
32 | cable television franchise within that 45 day period, the | ||||||
33 | franchising authority
shall modify the additional cable | ||||||
34 | television franchise to the extent necessary
to insure that |
| |||||||
| |||||||
1 | neither the existing cable television franchise nor the
| ||||||
2 | additional cable television franchise, each considered in | ||||||
3 | its entirety, shall
have a
competitive advantage over the | ||||||
4 | other.
| ||||||
5 | No municipality shall be subject to suit for damages based | ||||||
6 | upon the
municipality's determination to grant or its refusal | ||||||
7 | to grant an additional
cable television franchise, provided | ||||||
8 | that a
public hearing as herein provided has been held and the | ||||||
9 | franchising
authority has determined that it is in the best | ||||||
10 | interest of the
municipality to grant or refuse to grant such | ||||||
11 | additional franchise, as
the
case may be.
| ||||||
12 | It is declared to be the law of this State, pursuant to | ||||||
13 | paragraphs (h)
and (i) of Section 6 of Article VII of the | ||||||
14 | Illinois Constitution, that the
establishment of minimum | ||||||
15 | standards and procedures for the granting of
additional cable | ||||||
16 | television franchises by municipalities with a population
less | ||||||
17 | than 1,000,000 as provided in this subsection (e) is an | ||||||
18 | exclusive
State power and function that may not be exercised | ||||||
19 | concurrently by a home
rule unit.
| ||||||
20 | (f) No municipality may acquire, construct, own, or operate | ||||||
21 | a community
antenna
television system
unless the corporate | ||||||
22 | authorities adopt
an
ordinance. The ordinance must set forth | ||||||
23 | the action proposed; describe the
plant,
equipment, and | ||||||
24 | property to be acquired or constructed; and specifically
| ||||||
25 | describe the
manner in which the construction, acquisition, and | ||||||
26 | operation of the system
will
be financed.
| ||||||
27 | The ordinance may not take effect until the question of | ||||||
28 | acquiring,
construction,
owning, or operating a community | ||||||
29 | antenna television system
has been
submitted to the electors of | ||||||
30 | the municipality at a regular election and
approved by a
| ||||||
31 | majority of the electors voting on the question. The corporate | ||||||
32 | authorities
must certify the
question to the proper election | ||||||
33 | authority, which must submit the question at an
election in
| ||||||
34 | accordance with the Election Code.
|
| |||||||
| |||||||
1 | The question must be submitted in substantially the | ||||||
2 | following form:
| ||||||
3 | Shall the ordinance authorizing the municipality to | ||||||
4 | (insert action
authorized by ordinance) take effect?
| ||||||
5 | The votes must be recorded as "Yes" or "No".
| ||||||
6 | If a majority of electors voting on the question vote in | ||||||
7 | the affirmative, the
ordinance shall take effect.
| ||||||
8 | Not more than 30 or less than 15 days before the date of | ||||||
9 | the referendum, the
municipal clerk must publish the ordinance | ||||||
10 | at least once in one or more
newspapers
published in the | ||||||
11 | municipality or, if no newspaper is published in the
| ||||||
12 | municipality, in one
or more newspapers of general circulation | ||||||
13 | within the municipality.
| ||||||
14 | (g) An existing cable television franchise serving 1,000 or | ||||||
15 | more customers shall not impose a rate increase unless: | ||||||
16 | (1) the cable television franchise gives its customers | ||||||
17 | at least 60 days' notice of the increase; | ||||||
18 | (2) the corporate authorities of the municipality | ||||||
19 | conduct a public hearing to determine the need for the rate | ||||||
20 | increase at least 14 days after the notice is given; and | ||||||
21 | (3) the cable television franchise includes notice of | ||||||
22 | the rate increase and public hearing on the customer's | ||||||
23 | billing statement.
| ||||||
24 | The requirements of this subsection do not preempt | ||||||
25 | conditions included in a franchise agreement between the | ||||||
26 | corporate authorities of a municipality and the business | ||||||
27 | operating a community antenna television system within the | ||||||
28 | municipality.
| ||||||
29 | (h) An existing cable television franchise serving less | ||||||
30 | than 1,000 customers shall not impose a rate increase unless | ||||||
31 | the franchise gives its customers at least 60 days' notice of | ||||||
32 | the increase.
| ||||||
33 | (Source: P.A. 90-285, eff. 7-31-97; 91-648, eff. 1-1-00.)
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
|