093_SB0886eng SB886 Engrossed LRB093 08261 BDD 08474 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 5-1096 as follows: 6 (55 ILCS 5/5-1096) (from Ch. 34, par. 5-1096) 7 Sec. 5-1096. Community antenna television systems; 8 interference with and payment for access. 9 (a) In any instance in which a county has granted a 10 franchise to any community antenna television company to 11 construct, operate or maintain a cable television system 12 within a designated franchise area, no property owner, 13 condominium association, managing agent, lessee or other 14 person in possession or control of any residential building 15 located within such designated franchise area shall forbid or 16 prevent any occupant, tenant or lessee of any such building 17 from receiving cable television service from such franchisee, 18 nor demand or accept payment from any such occupant, tenant 19 or lessee in any form as a condition of permitting the 20 installation of cable television facilities or the 21 maintenance of cable television service in any such building 22 or any portion thereof occupied or leased by such occupant, 23 tenant or lessee, nor shall any such property owner, 24 condominium association, managing agent, lessee or other 25 person discriminate in rental charges or otherwise against 26 any occupant, tenant or lessee receiving cable service; 27 provided, however, that the owner of such building may 28 require, in exchange and as compensation for permitting the 29 installation of cable television facilities within and upon 30 such building, the payment of just compensation to be paid by 31 the cable television franchisee which provides such cable SB886 Engrossed -2- LRB093 08261 BDD 08474 b 1 television service, said sum to be determined in accordance 2 with the provisions of subparagraphs (c) and (d) hereof, and 3 provided further that the cable television franchisee 4 installing such cable television facilities shall agree to 5 indemnify the owner of such building for any damage caused by 6 the installation, operation or removal of such cable 7 television facilities and service. 8 No community antenna television company shall install 9 cable television facilities within a residential building 10 pursuant to this subparagraph (a) unless an occupant, tenant 11 or lessee of such residential building requests the delivery 12 of cable television services. 13 (b) In any instance in which a county has granted a 14 franchise to any community antenna television company to 15 construct, operate or maintain a cable television system 16 within a designated franchise area, no property owner, 17 condominium association, managing agent, lessee or other 18 person in possession and control of any improved or 19 unimproved real estate located within such designated 20 franchise area shall forbid or prevent such cable television 21 franchisee from entering upon such real estate for the 22 purpose of and in connection with the construction or 23 installation of such cable television system and cable 24 television facilities, nor shall any such property owner, 25 condominium association, managing agent, lessee or other 26 person in possession or control of such real estate forbid or 27 prevent such cable television franchisee from constructing or 28 installing upon, beneath or over such real estate, including 29 any buildings or other structures located thereon, hardware, 30 cable, equipment, materials or other cable television 31 facilities utilized by such cable franchisee in the 32 construction and installation of such cable television 33 system; provided, however, that the owner of any such real 34 estate may require, in exchange and as compensation for SB886 Engrossed -3- LRB093 08261 BDD 08474 b 1 permitting the construction or installation of cable 2 television facilities upon, beneath or over such real estate, 3 the payment of just compensation by the cable television 4 franchisee which provides such cable television service, said 5 sum to be determined in accordance with the provisions of 6 subparagraphs (c) and (d) hereof, and provided further that 7 the cable television franchisee constructing or installing 8 such cable television facilities shall agree to indemnify the 9 owner of such real estate for any damage caused by the 10 installation, operation or removal of such cable television 11 facilities and service. 12 (c) In any instance in which the owner of a residential 13 building or the owner of improved or unimproved real estate 14 intends to require the payment of just compensation in excess 15 of $1 in exchange for permitting the installation of cable 16 television facilities in and upon such building, or upon, 17 beneath or over such real estate, the owner shall serve 18 written notice thereof upon the cable television franchisee. 19 Any such notice shall be served within 20 days of the date on 20 which such owner is notified of the cable television 21 franchisee's intention to construct or install cable 22 television facilities in and upon such building, or upon, 23 beneath or over such real estate. Unless timely notice as 24 herein provided is given by the owner to the cable television 25 franchisee, it will be conclusively presumed that the owner 26 of any such building or real estate does not claim or intend 27 to require a payment of more than $1 in exchange and as just 28 compensation for permitting the installation of cable 29 television facilities within and upon such building, or upon, 30 beneath or over such real estate. In any instance in which a 31 cable television franchisee intends to install cable 32 television facilities as herein provided, written notice of 33 such intention shall be sent by the cable television 34 franchisee to the property owner or to such person, SB886 Engrossed -4- LRB093 08261 BDD 08474 b 1 association or managing agent as shall have been appointed or 2 otherwise designated to manage or operate the property. Such 3 notice shall include the address of the property, the name of 4 the cable television franchisee, and information as to the 5 time within which the owner may give notice, demand payment 6 as just compensation and initiate legal proceedings as 7 provided in this subparagraph (c) and subparagraph (d). In 8 any instance in which a community antenna television company 9 intends to install cable television facilities within a 10 residential building containing 12 or more residential units 11 or upon, beneath, or over real estate that is used as a site 12 for 12 or more manufactured housing units, 12 or more mobile 13 homes, or a combination of 12 or more manufactured housing 14 units and mobile homes, the written notice shall further 15 provide that the property owner may require that the 16 community antenna television company submit to the owner 17 written plans identifying the manner in which cable 18 television facilities are to be installed, including the 19 proposed location of coaxial cable. Approval of those plans 20 by the property owner shall not be unreasonably withheld and 21 the owners' consent to and approval of those plans shall be 22 presumed unless, within 30 days after receipt thereof, or in 23 the case of a condominium association, 90 days after receipt 24 thereof, the property owner identifies in writing the 25 specific manner in which those plans deviate from generally 26 accepted construction or safety standards, and unless the 27 property owner contemporaneously submits an alternative 28 construction plan providing for the installation of cable 29 television facilities in an economically feasible manner. 30 The community antenna television company may proceed with the 31 plans originally submitted if an alternative plan is not 32 submitted by the property owner within 30 days, or in the 33 case of a condominium association, 90 days, or if an 34 alternative plan submitted by the property owner fails to SB886 Engrossed -5- LRB093 08261 BDD 08474 b 1 comply with generally accepted construction and safety 2 standards or does not provide for the installation of cable 3 television facilities in an economically feasible manner. For 4 purposes of this subsection, "mobile home" and "manufactured 5 housing unit" have the same meaning as in the Illinois 6 Manufactured Housing and Mobile Home Safety Act. 7 (d) Any owner of a residential building described in 8 subparagraph (a), and any owner of improved or unimproved 9 real estate described in subparagraph (b), who shall have 10 given timely written notice to the cable television 11 franchisee as provided in subparagraph (c), may assert a 12 claim for just compensation in excess of $1 for permitting 13 the installation of cable television facilities within and 14 upon such building, or upon, beneath or over such real 15 estate. Within 30 days after notice has been given in 16 accordance with subparagraph (c), the owner shall advise the 17 cable television franchisee in writing of the amount claimed 18 as just compensation. If within 60 days after the receipt of 19 the owner's claim, the cable television franchisee has not 20 agreed to pay the amount claimed or some other amount 21 acceptable to the owner, the owner may bring suit to enforce 22 such claim for just compensation in any court of competent 23 jurisdiction and, upon timely demand, may require that the 24 amount of just compensation be determined by a jury. Any such 25 action shall be commenced within 6 months of the notice given 26 by the cable television franchisee pursuant to subparagraph 27 (c) hereof. In any action brought to determine such amount, 28 the owner may submit evidence of a decrease in the fair 29 market value of the property occasioned by the installation 30 or location of the cable on the property, that the owner has 31 a specific alternative use for the space occupied by cable 32 television facilities, the loss of which will result in a 33 monetary loss to the owner, or that installation of cable 34 television facilities within and upon such building or upon, SB886 Engrossed -6- LRB093 08261 BDD 08474 b 1 beneath or over such real estate otherwise substantially 2 interferes with the use and occupancy of such building to an 3 extent which causes a decrease in the fair market value of 4 such building or real estate. 5 (e) Neither the giving of a notice by the owner under 6 subparagraph (c), nor the assertion of a specific claim, nor 7 the initiation of legal action to enforce such claim, as 8 provided under subparagraph (d), shall delay or impair the 9 right of the cable television franchisee to construct or 10 install cable television facilities and maintain cable 11 television services within or upon any building described in 12 subparagraph (a) or upon, beneath or over real estate 13 described in subparagraph (b). 14 (f) Notwithstanding the foregoing, no community antenna 15 television company shall enter upon any real estate or rights 16 of way in the possession or control of any public utility, 17 railroad or owner or operator of an oil, petroleum product, 18 chemical or gas pipeline to install or remove cable 19 television facilities or to provide underground maintenance 20 or repair services with respect thereto, prior to delivery to 21 the public utility, railroad or pipeline owner or operator of 22 written notice of intent to enter, install, maintain or 23 remove. No entry shall be made until at least 15 business 24 days after receipt of such written notice. Such written 25 notice, which shall be delivered to the registered agent of 26 such public utility, railroad or pipeline owner or operator 27 shall include the following information: 28 (i) The date of the proposed installation, maintenance, 29 repair or removal and projected length of time required to 30 complete such installation, maintenance, repair or removal; 31 (ii) The manner and method of such installation, 32 maintenance, repair or removal; 33 (iii) The location of the proposed entry and path of 34 cable television facilities proposed to be placed, repaired, SB886 Engrossed -7- LRB093 08261 BDD 08474 b 1 maintained or removed upon the real estate or right of way; 2 and 3 (iv) The written agreement of the community antenna 4 television company to indemnify and hold harmless such public 5 utility, railroad or pipeline owner or operator from the 6 costs of any damages directly or indirectly caused by the 7 installation, maintenance, repair, operation, or removal of 8 cable television facilities. Upon request of the public 9 utility, railroad, or owner or operator of an oil, petroleum 10 product, chemical or gas pipeline, the community antenna 11 television company shall provide proof that it has purchased 12 and will maintain a policy or policies of insurance in 13 amounts sufficient to provide coverage for personal injury 14 and property damage losses caused by or resulting from the 15 installation, maintenance, repair or removal of cable 16 television facilities. The written agreement shall provide 17 that the community antenna television company shall maintain 18 such policies of insurance in full force and effect as long 19 as cable television facilities remain on the real estate or 20 right of way. 21 Within 15 business days of receipt of the written prior 22 notice of entry the public utility, railroad or pipeline 23 owner or operator shall investigate and determine whether or 24 not the proposed entry and installation or repair, 25 maintenance, or removal would create a dangerous condition 26 threatening the safety of the public or the safety of its 27 employees or threatening to cause an interruption of the 28 furnishing of vital transportation, utility or pipeline 29 services and upon so finding shall so notify the community 30 antenna television company of such decision in writing. 31 Initial determination of the existence of such a dangerous 32 condition or interruption of services shall be made by the 33 public utility, railroad or pipeline owner or operator whose 34 real estate or right of way is involved. In the event that SB886 Engrossed -8- LRB093 08261 BDD 08474 b 1 the community antenna television company disagrees with such 2 determination, a determination of whether such entry and 3 installation, maintenance, repair or removal would create 4 such a dangerous condition or interrupt services shall be 5 made by a court of competent jurisdiction upon the 6 application of such community antenna television company. An 7 initial written determination of a public utility, railroad, 8 or pipeline owner or operator timely made and transmitted to 9 the community antenna television company, in the absence of a 10 determination by a court of competent jurisdiction finding to 11 the contrary, bars the entry of the community antenna 12 television company upon the real estate or right of way for 13 any purpose. 14 Any public utility, railroad or pipeline owner or 15 operator may assert a written claim against any community 16 antenna television company for just compensation within 30 17 days after written notice has been given in accordance with 18 this subparagraph (f). If, within 60 days after the receipt 19 of such claim for compensation, the community antenna 20 television company has not agreed to the amount claimed or 21 some other amount acceptable to the public utility, railroad 22 or pipeline owner or operator, the public utility, railroad 23 or pipeline owner or operator may bring suit to enforce such 24 claim for just compensation in any court of competent 25 jurisdiction and, upon timely demand, may require that the 26 amount of just compensation be determined by a jury. Any 27 such action shall be commenced within 6 months of the notice 28 provided for in this subparagraph (f). In any action brought 29 to determine such just compensation, the public utility, 30 railroad or pipeline owner or operator may submit such 31 evidence as may be relevant to the issue of just 32 compensation. Neither the assertion of a claim for 33 compensation nor the initiation of legal action to enforce 34 such claim shall delay or impair the right of the community SB886 Engrossed -9- LRB093 08261 BDD 08474 b 1 antenna television company to construct or install cable 2 television facilities upon any real estate or rights of way 3 of any public utility, railroad or pipeline owner or 4 operator. 5 To the extent that the public utility, railroad, or owner 6 or operator of an oil, petroleum product, chemical or gas 7 pipeline deems it appropriate to supervise, monitor or 8 otherwise assist the community antenna television company in 9 connection with the installation, maintenance, repair or 10 removal of cable television facilities upon such real estate 11 or rights of way, the community antenna television company 12 shall reimburse the public utility, railroad or owner or 13 operator of an oil, petroleum product, chemical or gas 14 pipeline for costs reasonable and actually incurred in 15 connection therewith. 16 The provisions of this subparagraph (f) shall not be 17 applicable to any easements, rights of way or ways for public 18 service facilities in which public utilities, other than 19 railroads, have any interest pursuant to "an Act to revise 20 the law in relation to plats" approved March 21, 1874, and 21 all ordinances enacted pursuant thereto. Such easements, 22 rights of way and ways for public service facilities are 23 hereby declared to be apportionable and upon written request 24 by a community antenna television company, public utilities 25 shall make such easements, rights of way and ways for public 26 service facilities available for the construction, 27 maintenance, repair or removal of cable television facilities 28 provided that such construction, maintenance, repair or 29 removal does not create a dangerous condition threatening the 30 safety of the public or the safety of such public utility 31 employees or threatening to cause an interruption of the 32 furnishing of vital utility service. Initial determination 33 of the existence of such a dangerous condition or 34 interruption of services shall be made by the public utility SB886 Engrossed -10- LRB093 08261 BDD 08474 b 1 whose easement, right of way or way for public service 2 facility is involved. In the event the community antenna 3 television company disagrees with such determination, a 4 determination of whether such construction, maintenance, 5 repair or removal would create such a dangerous condition or 6 threaten to interrupt vital utility services, shall be made 7 by a court of competent jurisdiction upon the application of 8 such community antenna television company. 9 Within 20 days after a county issues a permit or other 10 authorization for the construction of residential buildings 11 within any residentially zoned subdivision created through a 12 plat recorded after July 1, 2003, the county must notify any 13 community antenna television system franchised to serve all 14 or a portion of the subdivision of the issuance of the permit 15 or other authorization. The notice must identify the owner of 16 record of the property and the party to whom construction 17 authorization has been granted. 18 In addition to such other notices as may be required by 19 this subparagraph (f), a community antenna television company 20 shall not enter upon the real estate or rights of way of any 21 public utility, railroad or pipeline owner or operator for 22 the purposes of above-ground maintenance or repair of its 23 television cable facilities without giving 96 hours prior 24 written notice to the registered agent of the public utility, 25 railroad or pipeline owner or operator involved, or in the 26 case of a public utility, notice may be given through the 27 statewide one-call notice system provided for by General 28 Order of the Illinois Commerce Commission or, if in Chicago, 29 through the system known as the Chicago Utility Alert 30 Network. 31 (Source: P.A. 90-450, eff. 1-1-98.) 32 Section 10. The Illinois Municipal Code is amended by 33 changing Section 11-42-11.1 as follows: SB886 Engrossed -11- LRB093 08261 BDD 08474 b 1 (65 ILCS 5/11-42-11.1) (from Ch. 24, par. 11-42-11.1) 2 Sec. 11-42-11.1. (a) In any instance in which a 3 municipality has (i) granted a franchise to any community 4 antenna television company or (ii) decided for the 5 municipality itself to construct, operate or maintain a cable 6 television system within a designated area, no property 7 owner, condominium association, managing agent, lessee or 8 other person in possession or control of any residential 9 building located within the designated area shall forbid or 10 prevent any occupant, tenant or lessee of any such building 11 from receiving cable television service from such franchisee 12 or municipality, nor demand or accept payment from any such 13 occupant, tenant or lessee in any form as a condition of 14 permitting the installation of cable television facilities or 15 the maintenance of cable television service in any such 16 building or any portion thereof occupied or leased by such 17 occupant, tenant or lessee, nor shall any such property 18 owner, condominium association, managing agent, lessee or 19 other person discriminate in rental charges or otherwise 20 against any occupant, tenant or lessee receiving cable 21 service; provided, however, that the owner of such building 22 may require, in exchange and as compensation for permitting 23 the installation of cable television facilities within and 24 upon such building, the payment of just compensation by the 25 cable television franchisee which provides such cable 26 television service, said sum to be determined in accordance 27 with the provisions of subparagraphs (c) and (d) hereof, and 28 provided further that the cable television franchisee 29 installing such cable television facilities shall agree to 30 indemnify the owner of such building for any damage caused by 31 the installation, operation or removal of such cable 32 television facilities and service. 33 No community antenna television company shall install 34 cable television facilities within a residential building SB886 Engrossed -12- LRB093 08261 BDD 08474 b 1 pursuant to this subparagraph (a) unless an occupant, tenant 2 or lessee of such residential building requests the delivery 3 of cable television services. In any instance in which a 4 request for service is made by more than 3 occupants, tenants 5 or lessees of a residential building, the community antenna 6 television company may install cable television facilities 7 throughout the building in a manner which enables the 8 community antenna television company to provide cable 9 television services to occupants, tenants or lessees of other 10 residential units without requiring the installation of 11 additional cable television facilities other than within the 12 residential units occupied by such other occupants, tenants 13 or lessees. 14 (b) In any instance in which a municipality has (i) 15 granted a franchise to any community antenna television 16 company or (ii) decided for the municipality itself to 17 construct, operate or maintain a cable television system 18 within a designated area, no property owner, condominium 19 association, managing agent, lessee or other person in 20 possession and control of any improved or unimproved real 21 estate located within such designated area shall forbid or 22 prevent such cable television franchisee or municipality from 23 entering upon such real estate for the purpose of and in 24 connection with the construction or installation of such 25 cable television system and cable television facilities, nor 26 shall any such property owner, condominium association, 27 managing agent, lessee or other person in possession or 28 control of such real estate forbid or prevent such cable 29 television franchisee or municipality from constructing or 30 installing upon, beneath or over such real estate, including 31 any buildings or other structures located thereon, hardware, 32 cable, equipment, materials or other cable television 33 facilities utilized by such cable franchisee or municipality 34 in the construction and installation of such cable television SB886 Engrossed -13- LRB093 08261 BDD 08474 b 1 system; provided, however, that the owner of any such real 2 estate may require, in exchange and as compensation for 3 permitting the construction or installation of cable 4 television facilities upon, beneath or over such real estate, 5 the payment of just compensation by the cable television 6 franchisee which provides such cable television service, said 7 sum to be determined in accordance with the provisions of 8 subparagraphs (c) and (d) hereof, and provided further that 9 the cable television franchisee constructing or installing 10 such cable television facilities shall agree to indemnify the 11 owner of such real estate for any damage caused by the 12 installation, operation or removal of such cable television 13 facilities and service. 14 (c) In any instance in which the owner of a residential 15 building or the owner of improved or unimproved real estate 16 intends to require the payment of just compensation in excess 17 of $1 in exchange for permitting the installation of cable 18 television facilities in and upon such building, or upon, 19 beneath or over such real estate, the owner shall serve 20 written notice thereof upon the cable television franchisee. 21 Any such notice shall be served within 20 days of the date on 22 which such owner is notified of the cable television 23 franchisee's intention to construct or install cable 24 television facilities in and upon such building, or upon, 25 beneath or over such real estate. Unless timely notice as 26 herein provided is given by the owner to the cable television 27 franchisee, it will be conclusively presumed that the owner 28 of any such building or real estate does not claim or intend 29 to require a payment of more than $1 in exchange and as just 30 compensation for permitting the installation of cable 31 television facilities within and upon such building, or upon, 32 beneath or over such real estate. In any instance in which a 33 cable television franchisee intends to install cable 34 television facilities as herein provided, written notice of SB886 Engrossed -14- LRB093 08261 BDD 08474 b 1 such intention shall be sent by the cable television 2 franchisee to the property owner or to such person, 3 association or managing agent as shall have been appointed or 4 otherwise designated to manage or operate the property. Such 5 notice shall include the address of the property, the name of 6 the cable television franchisee, and information as to the 7 time within which the owner may give notice, demand payment 8 as just compensation and initiate legal proceedings as 9 provided in this subparagraph (c) and subparagraph (d). In 10 any instance in which a community antenna television company 11 intends to install cable television facilities within a 12 residential building containing 12 or more residential units 13 or upon, beneath, or over real estate that is used as a site 14 for 12 or more manufactured housing units, 12 or more mobile 15 homes, or a combination of 12 or more manufactured housing 16 units and mobile homes, the written notice shall further 17 provide that the property owner may require that the 18 community antenna television company submit to the owner 19 written plans identifying the manner in which cable 20 television facilities are to be installed, including the 21 proposed location of coaxial cable. Approval of such plans 22 by the property owner shall not be unreasonably withheld and 23 such owners' consent to and approval of such plans shall be 24 presumed unless, within 30 days after receipt thereof, or in 25 the case of a condominium association, 90 days after receipt 26 thereof, the property owner identifies in writing the 27 specific manner in which such plans deviate from generally 28 accepted construction or safety standards, and unless the 29 property owner contemporaneously submits an alternative 30 construction plan providing for the installation of cable 31 television facilities in an economically feasible manner. 32 The community antenna television company may proceed with the 33 plans originally submitted if an alternative plan is not 34 submitted by the property owner within 30 days, or in the SB886 Engrossed -15- LRB093 08261 BDD 08474 b 1 case of a condominium association, 90 days, or if an 2 alternative plan submitted by the property owner fails to 3 comply with generally accepted construction and safety 4 standards or does not provide for the installation of cable 5 television facilities in an economically feasible manner. For 6 purposes of this subsection, "mobile home" and "manufactured 7 housing unit" have the same meaning as in the Illinois 8 Manufactured Housing and Mobile Home Safety Act. 9 (d) Any owner of a residential building described in 10 subparagraph (a), and any owner of improved or unimproved 11 real estate described in subparagraph (b), who shall have 12 given timely written notice to the cable television 13 franchisee as provided in subparagraph (c), may assert a 14 claim for just compensation in excess of $1 for permitting 15 the installation of cable television facilities within and 16 upon such building, or upon, beneath or over such real 17 estate. Within 30 days after notice has been given in 18 accordance with subparagraph (c), the owner shall advise the 19 cable television franchisee in writing of the amount claimed 20 as just compensation. If within 60 days after the receipt of 21 the owner's claim, the cable television franchisee has not 22 agreed to pay the amount claimed or some other amount 23 acceptable to the owner, the owner may bring suit to enforce 24 such claim for just compensation in any court of competent 25 jurisdiction and, upon timely demand, may require that the 26 amount of just compensation be determined by a jury. Any such 27 action shall be commenced within 6 months of the notice given 28 by the cable television franchisee pursuant to subparagraph 29 (c) hereof. In any action brought to determine such amount, 30 the owner may submit evidence of a decrease in the fair 31 market value of the property occasioned by the installation 32 or location of the cable on the property, that the owner has 33 a specific alternative use for the space occupied by cable 34 television facilities, the loss of which will result in a SB886 Engrossed -16- LRB093 08261 BDD 08474 b 1 monetary loss to the owner, or that installation of cable 2 television facilities within and upon such building or upon, 3 beneath or over such real estate otherwise substantially 4 interferes with the use and occupancy of such building to an 5 extent which causes a decrease in the fair market value of 6 such building or real estate. 7 (e) Neither the giving of a notice by the owner under 8 subparagraph (c), nor the assertion of a specific claim, nor 9 the initiation of legal action to enforce such claim, as 10 provided under subparagraph (d), shall delay or impair the 11 right of the cable television franchisee to construct or 12 install cable television facilities and maintain cable 13 television services within or upon any building described in 14 subparagraph (a) or upon, beneath or over real estate 15 described in subparagraph (b). 16 (f) Notwithstanding the foregoing, no community antenna 17 television company or municipality shall enter upon any real 18 estate or rights of way in the possession or control of any 19 public utility, railroad or owner or operator of an oil, 20 petroleum product, chemical or gas pipeline to install or 21 remove cable television facilities or to provide underground 22 maintenance or repair services with respect thereto, prior to 23 delivery to the public utility, railroad or pipeline owner or 24 operator of written notice of intent to enter, install, 25 maintain or remove. No entry shall be made until at least 15 26 business days after receipt of such written notice. Such 27 written notice, which shall be delivered to the registered 28 agent of such public utility, railroad or pipeline owner or 29 operator shall include the following information: 30 (i) The date of the proposed installation, maintenance, 31 repair or removal and projected length of time required to 32 complete such installation, maintenance, repair or removal; 33 (ii) The manner and method of such installation, 34 maintenance, repair or removal; SB886 Engrossed -17- LRB093 08261 BDD 08474 b 1 (iii) The location of the proposed entry and path of 2 cable television facilities proposed to be placed, repaired, 3 maintained or removed upon the real estate or right of way; 4 and 5 (iv) The written agreement of the community antenna 6 television company to indemnify and hold harmless such public 7 utility, railroad or pipeline owner or operator from the 8 costs of any damages directly or indirectly caused by the 9 installation, maintenance, repair, operation, or removal of 10 cable television facilities. Upon request of the public 11 utility, railroad, or owner or operator of an oil, petroleum 12 product, chemical or gas pipeline, the community antenna 13 television company shall provide proof that it has purchased 14 and will maintain a policy or policies of insurance in 15 amounts sufficient to provide coverage for personal injury 16 and property damage losses caused by or resulting from the 17 installation, maintenance, repair or removal of cable 18 television facilities. The written agreement shall provide 19 that the community antenna television company shall maintain 20 such policies of insurance in full force and effect as long 21 as cable television facilities remain on the real estate or 22 right of way. 23 Within 15 business days of receipt of the written prior 24 notice of entry the public utility, railroad or pipeline 25 owner or operator shall investigate and determine whether or 26 not the proposed entry and installation or repair, 27 maintenance, or removal would create a dangerous condition 28 threatening the safety of the public or the safety of its 29 employees or threatening to cause an interruption of the 30 furnishing of vital transportation, utility or pipeline 31 services and upon so finding shall so notify the community 32 antenna television company or municipality of such decision 33 in writing. Initial determination of the existence of such a 34 dangerous condition or interruption of services shall be made SB886 Engrossed -18- LRB093 08261 BDD 08474 b 1 by the public utility, railroad or pipeline owner or operator 2 whose real estate or right of way is involved. In the event 3 that the community antenna television company or municipality 4 disagrees with such determination, a determination of whether 5 such entry and installation, maintenance, repair or removal 6 would create such a dangerous condition or interrupt services 7 shall be made by a court of competent jurisdiction upon the 8 application of such community antenna television company or 9 municipality. An initial written determination of a public 10 utility, railroad, or pipeline owner or operator timely made 11 and transmitted to the community antenna television company 12 or municipality, in the absence of a determination by a court 13 of competent jurisdiction finding to the contrary, bars the 14 entry of the community antenna television company or 15 municipality upon the real estate or right of way for any 16 purpose. 17 Any public utility, railroad or pipeline owner or 18 operator may assert a written claim against any community 19 antenna television company for just compensation within 30 20 days after written notice has been given in accordance with 21 this subparagraph (f). If, within 60 days after the receipt 22 of such claim for compensation, the community antenna 23 television company has not agreed to the amount claimed or 24 some other amount acceptable to the public utility, railroad 25 or pipeline owner or operator, the public utility, railroad 26 or pipeline owner or operator may bring suit to enforce such 27 claim for just compensation in any court of competent 28 jurisdiction and, upon timely demand, may require that the 29 amount of just compensation be determined by a jury. Any 30 such action shall be commenced within 6 months of the notice 31 provided for in this subparagraph (f). In any action brought 32 to determine such just compensation, the public utility, 33 railroad or pipeline owner or operator may submit such 34 evidence as may be relevant to the issue of just SB886 Engrossed -19- LRB093 08261 BDD 08474 b 1 compensation. Neither the assertion of a claim for 2 compensation nor the initiation of legal action to enforce 3 such claim shall delay or impair the right of the community 4 antenna television company to construct or install cable 5 television facilities upon any real estate or rights of way 6 of any public utility, railroad or pipeline owner or 7 operator. 8 To the extent that the public utility, railroad, or owner 9 or operator of an oil, petroleum product, chemical or gas 10 pipeline deems it appropriate to supervise, monitor or 11 otherwise assist the community antenna television company in 12 connection with the installation, maintenance, repair or 13 removal of cable television facilities upon such real estate 14 or rights of way, the community antenna television company 15 shall reimburse the public utility, railroad or owner or 16 operator of an oil, petroleum product, chemical or gas 17 pipeline for costs reasonable and actually incurred in 18 connection therewith. 19 The provisions of this subparagraph (f) shall not be 20 applicable to any easements, rights of way or ways for public 21 service facilities in which public utilities, other than 22 railroads, have any interest pursuant to "An Act to revise 23 the law in relation to plats", approved March 21, 1874, as 24 amended, and all ordinances enacted pursuant thereto. Such 25 easements, rights of way and ways for public service 26 facilities are hereby declared to be apportionable and upon 27 written request by a community antenna television company, 28 public utilities shall make such easements, rights of way and 29 ways for public service facilities available for the 30 construction, maintenance, repair or removal of cable 31 television facilities provided that such construction, 32 maintenance, repair or removal does not create a dangerous 33 condition threatening the safety of the public or the safety 34 of such public utility employees or threatening to cause an SB886 Engrossed -20- LRB093 08261 BDD 08474 b 1 interruption of the furnishing of vital utility service. 2 Initial determination of the existence of such a dangerous 3 condition or interruption of services shall be made by the 4 public utility whose easement, right of way or way for public 5 service facility is involved. In the event the community 6 antenna television company or municipality disagrees with 7 such determination, a determination of whether such 8 construction, maintenance, repair or removal would create 9 such a dangerous condition or threaten to interrupt vital 10 utility services, shall be made by a court of competent 11 jurisdiction upon the application of such community antenna 12 television company. 13 Within 20 days after a municipality issues a permit or 14 other authorization for the construction of residential 15 buildings within any residentially zoned subdivision created 16 through a plat recorded after July 1, 2003, the municipality 17 must notify any community antenna television system 18 franchised to serve all or a portion of the subdivision of 19 the issuance of the permit or other authorization. The notice 20 must identify the owner of record of the property and the 21 party to whom construction authorization has been granted. 22 In addition to such other notices as may be required by 23 this subparagraph (f), a community antenna television company 24 or municipality shall not enter upon the real estate or 25 rights of way of any public utility, railroad or pipeline 26 owner or operator for the purposes of above-ground 27 maintenance or repair of its television cable facilities 28 without giving 96 hours prior written notice to the 29 registered agent of the public utility, railroad or pipeline 30 owner or operator involved, or in the case of a public 31 utility, notice may be given through the statewide one-call 32 notice system provided for by General Order of the Illinois 33 Commerce Commission or, if in Chicago, through the system 34 known as the Chicago Utility Alert Network. SB886 Engrossed -21- LRB093 08261 BDD 08474 b 1 (Source: P.A. 90-450, eff. 1-1-98.)