|
||||||||||||||||||||||
|
||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | AN ACT concerning local government.
| |||||||||||||||||||||
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 Section | |||||||||||||||||||||
5 | 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 within | |||||||||||||||||||||
12 | a designated franchise
area, no property owner, condominium | |||||||||||||||||||||
13 | association, managing agent, lessee or
other person in | |||||||||||||||||||||
14 | possession or control of any residential building located
| |||||||||||||||||||||
15 | within such designated franchise area shall forbid or prevent | |||||||||||||||||||||
16 | any occupant,
tenant or lessee of any such building from | |||||||||||||||||||||
17 | receiving cable television
service from such franchisee, nor | |||||||||||||||||||||
18 | demand or accept payment from any such
occupant, tenant or | |||||||||||||||||||||
19 | lessee in any form as a condition of permitting the
the
| |||||||||||||||||||||
20 | installation of cable television facilities or the maintenance | |||||||||||||||||||||
21 | of cable
television service in any such building or any portion | |||||||||||||||||||||
22 | thereof occupied or
leased by such occupant, tenant or lessee, | |||||||||||||||||||||
23 | nor shall any such property
owner, condominium association, |
| |||||||
| |||||||
1 | managing agent, lessee or other person
discriminate in rental | ||||||
2 | charges or otherwise against any occupant, tenant or
lessee | ||||||
3 | receiving cable service; provided, however, that the owner of | ||||||
4 | such
building may require, in exchange and as compensation for | ||||||
5 | permitting the
installation of cable television facilities | ||||||
6 | within and upon such building,
the payment of just compensation | ||||||
7 | to be paid by the cable television
franchisee which provides | ||||||
8 | such cable television service, said sum to be
determined in | ||||||
9 | accordance with the provisions of subparagraphs (c) and (d)
| ||||||
10 | hereof, and provided further that the cable television | ||||||
11 | franchisee
installing such cable television facilities shall | ||||||
12 | agree to indemnify the
owner of such building for any damage | ||||||
13 | caused by the installation, operation
or removal of such cable | ||||||
14 | television facilities and service.
| ||||||
15 | No community antenna television company shall install | ||||||
16 | cable television
facilities within a residential building | ||||||
17 | pursuant to this subparagraph (a)
unless an occupant, tenant or | ||||||
18 | lessee of such residential building requests
the delivery of | ||||||
19 | cable television services.
| ||||||
20 | (b) In any instance in which a county has granted a | ||||||
21 | franchise to any
community antenna television company to | ||||||
22 | construct, operate or maintain a
cable television system within | ||||||
23 | a designated franchise area, no property
owner, condominium | ||||||
24 | association, managing agent, lessee or other person in
| ||||||
25 | possession and control of any improved or unimproved real | ||||||
26 | estate located
within such designated franchise area shall |
| |||||||
| |||||||
1 | forbid or prevent such cable
television franchisee from | ||||||
2 | entering upon such real estate for the purpose
of and in | ||||||
3 | connection with the construction or installation of such cable
| ||||||
4 | television system and cable television facilities, nor shall | ||||||
5 | any such
property owner, condominium association, managing | ||||||
6 | agent, lessee or other
person in possession or control of such | ||||||
7 | real estate forbid or prevent such
cable television franchisee | ||||||
8 | from constructing or installing upon, beneath
or over such real | ||||||
9 | estate, including any buildings or other structures
located | ||||||
10 | thereon, hardware, cable, equipment, materials or other cable
| ||||||
11 | television facilities utilized by such cable franchisee in the | ||||||
12 | construction
and installation of such cable television system; | ||||||
13 | provided, however, that
the owner of any such real estate may | ||||||
14 | require, in exchange and as
compensation for permitting the | ||||||
15 | construction or installation of cable
television facilities | ||||||
16 | upon, beneath or over such real estate, the payment
of just | ||||||
17 | compensation by the cable television franchisee which provides | ||||||
18 | such
cable television service, said sum to be determined in | ||||||
19 | accordance with the
provisions of subparagraphs (c) and (d) | ||||||
20 | hereof, and provided further that
the cable television | ||||||
21 | franchisee constructing or installing such cable
television | ||||||
22 | facilities shall agree to indemnify the owner of such real
| ||||||
23 | estate for any damage caused by the installation, operation or | ||||||
24 | removal of
such cable television facilities and service.
| ||||||
25 | (c) In any instance in which the owner of a residential | ||||||
26 | building or the
owner of improved or unimproved real estate |
| |||||||
| |||||||
1 | intends to require the payment of
just compensation in excess | ||||||
2 | of $1 in exchange for permitting the installation
of cable | ||||||
3 | television facilities in and upon such building, or upon, | ||||||
4 | beneath
or over such real estate, the owner shall serve written | ||||||
5 | notice thereof upon
the cable television franchisee. Any such | ||||||
6 | notice shall be served within
20 days of the date on which such | ||||||
7 | owner is notified of the cable television
franchisee's | ||||||
8 | intention to construct or install cable television facilities
| ||||||
9 | in and upon such building, or upon, beneath or over such real | ||||||
10 | estate. Unless
timely notice as herein provided is given by the | ||||||
11 | owner to the cable television
franchisee, it will be | ||||||
12 | conclusively presumed that the owner of any such
building or | ||||||
13 | real estate does not claim or intend to require a payment of
| ||||||
14 | more than $1 in exchange and as just compensation for | ||||||
15 | permitting the
installation of cable television facilities | ||||||
16 | within and upon such building,
or upon, beneath or over such | ||||||
17 | real estate. In any instance in which a cable
television | ||||||
18 | franchisee intends to install cable television facilities as
| ||||||
19 | herein provided, written notice of such intention shall be sent | ||||||
20 | by the
cable television franchisee to the property owner or to | ||||||
21 | such person,
association or managing agent as shall have been | ||||||
22 | appointed or otherwise
designated to manage or operate the | ||||||
23 | property. Such notice shall include
the address of the | ||||||
24 | property, the name of the cable television franchisee,
and | ||||||
25 | information as to the time within which the owner may give | ||||||
26 | notice,
demand payment as just compensation and initiate legal |
| |||||||
| |||||||
1 | proceedings as
provided in this subparagraph (c) and | ||||||
2 | subparagraph (d).
In any instance in which a community antenna | ||||||
3 | television company intends to
install
cable television | ||||||
4 | facilities within a residential building containing 12 or more
| ||||||
5 | residential units or upon, beneath, or over real estate that is | ||||||
6 | used as a site
for 12 or
more manufactured housing units,
12 or | ||||||
7 | more mobile homes,
or a combination of 12 or more
manufactured | ||||||
8 | housing units and mobile homes, the written notice shall | ||||||
9 | further
provide that
the
property owner may require that the | ||||||
10 | community antenna television company submit
to the owner | ||||||
11 | written plans identifying the manner in which cable television
| ||||||
12 | facilities
are to be installed, including the proposed location | ||||||
13 | of coaxial cable.
Approval
of
those plans by the property owner | ||||||
14 | shall not be unreasonably withheld and the
owners' consent to | ||||||
15 | and approval of those plans shall be presumed unless, within
30
| ||||||
16 | days after receipt thereof, or in the case of a condominium | ||||||
17 | association, 90
days
after receipt thereof, the property owner | ||||||
18 | identifies in writing the specific
manner in
which those plans | ||||||
19 | deviate from generally accepted construction or safety
| ||||||
20 | standards,
and unless the property owner contemporaneously | ||||||
21 | submits an alternative
construction plan providing for the | ||||||
22 | installation of cable television facilities
in an
economically | ||||||
23 | feasible manner. The community antenna television company may
| ||||||
24 | proceed with the plans originally submitted if an alternative | ||||||
25 | plan is not
submitted by
the property owner within 30 days, or | ||||||
26 | in the case of a condominium association,
90
days, or if an |
| |||||||
| |||||||
1 | alternative plan submitted by the property owner fails to | ||||||
2 | comply
with
generally accepted construction and safety | ||||||
3 | standards or does not provide for
the installation of cable | ||||||
4 | television facilities in an economically feasible
manner.
For | ||||||
5 | purposes of this subsection, "mobile home" and "manufactured | ||||||
6 | housing unit"
have
the same meaning as in the Illinois | ||||||
7 | Manufactured Housing and Mobile Home Safety
Act.
| ||||||
8 | (d) Any owner of a residential building described in | ||||||
9 | subparagraph (a),
and any owner of improved or unimproved real | ||||||
10 | estate described in subparagraph
(b), who shall have given | ||||||
11 | timely written notice to the cable television
franchisee as | ||||||
12 | provided in subparagraph (c), may assert a claim for just
| ||||||
13 | compensation in excess of $1 for permitting the installation of | ||||||
14 | cable
television facilities within and upon such building, or | ||||||
15 | upon, beneath or
over such real estate. Within 30 days after | ||||||
16 | notice has been given in
accordance with subparagraph (c), the | ||||||
17 | owner shall advise the cable
television franchisee in writing | ||||||
18 | of the amount claimed as just compensation.
If within
60 days | ||||||
19 | after the receipt of the owner's claim, the cable television | ||||||
20 | franchisee
has not agreed to pay the amount claimed or some | ||||||
21 | other amount acceptable
to the owner, the owner may bring suit | ||||||
22 | to enforce such claim for just
compensation in any court of | ||||||
23 | competent jurisdiction and, upon timely demand,
may require | ||||||
24 | that the amount of just compensation be determined by a jury.
| ||||||
25 | Any such action shall be commenced within 6 months of the | ||||||
26 | notice given by
the cable television franchisee pursuant to |
| |||||||
| |||||||
1 | subparagraph (c) hereof. In
any action brought to determine | ||||||
2 | such amount, the owner may submit evidence
of a decrease in the | ||||||
3 | fair market value of the property occasioned by the
| ||||||
4 | installation or location of the cable on the property, that the
| ||||||
5 | owner has a specific alternative use for the space occupied by | ||||||
6 | cable television
facilities, the loss of which will result in a | ||||||
7 | monetary loss to the owner,
or that installation of cable | ||||||
8 | television facilities within and upon such
building or upon, | ||||||
9 | beneath or over such real estate otherwise substantially
| ||||||
10 | interferes with the use and occupancy of such building to an | ||||||
11 | extent which
causes a decrease in the fair market value of such | ||||||
12 | building or real estate.
| ||||||
13 | (e) Neither the giving of a notice by the owner under | ||||||
14 | subparagraph (c),
nor the assertion of a specific claim, nor | ||||||
15 | the initiation of legal action
to enforce such claim, as | ||||||
16 | provided under subparagraph (d), shall delay or
impair the | ||||||
17 | right of the cable television franchisee to construct or | ||||||
18 | install
cable television facilities and maintain cable | ||||||
19 | television services within
or upon any building described in | ||||||
20 | subparagraph (a) or upon, beneath or over
real estate described | ||||||
21 | in subparagraph (b).
| ||||||
22 | (f) Notwithstanding the foregoing, no community antenna | ||||||
23 | television company
shall enter upon any real estate or rights | ||||||
24 | of way in the possession or control
of any public utility, | ||||||
25 | railroad or owner or operator of an oil, petroleum
product, | ||||||
26 | chemical or gas pipeline to install or remove cable television
|
| |||||||
| |||||||
1 | facilities or to provide underground maintenance or repair | ||||||
2 | services with
respect thereto, prior to delivery to the public | ||||||
3 | utility, railroad or pipeline
owner or operator of written | ||||||
4 | notice of intent to enter, install, maintain
or remove. No | ||||||
5 | entry shall be made until at least 15 business days after
| ||||||
6 | receipt of such written notice. Such written notice, which | ||||||
7 | shall be delivered
to the registered agent of such public | ||||||
8 | utility, railroad or pipeline owner
or operator shall include | ||||||
9 | the following information:
| ||||||
10 | (i) The date of the proposed installation, | ||||||
11 | maintenance, repair
or removal and projected length of time | ||||||
12 | required to complete such installation,
maintenance, | ||||||
13 | repair or removal;
| ||||||
14 | (ii) The manner and method of such installation, | ||||||
15 | maintenance, repair or
removal;
| ||||||
16 | (iii) The location of the proposed entry and path of | ||||||
17 | cable television
facilities proposed to be placed, | ||||||
18 | repaired, maintained or removed upon the
real estate or | ||||||
19 | right of way; and
| ||||||
20 | (iv) The written agreement of the community antenna | ||||||
21 | television company
to indemnify and hold harmless such | ||||||
22 | public utility, railroad or pipeline
owner or operator from | ||||||
23 | the costs of any damages directly or indirectly
caused by | ||||||
24 | the installation, maintenance, repair, operation, or | ||||||
25 | removal of
cable television facilities. Upon request of the | ||||||
26 | public utility, railroad,
or owner or operator of an oil, |
| |||||||
| |||||||
1 | petroleum product, chemical or gas
pipeline, the community | ||||||
2 | antenna television company shall provide proof that
it has | ||||||
3 | purchased and will maintain a policy or policies of | ||||||
4 | insurance in
amounts sufficient to provide coverage for | ||||||
5 | personal injury and property
damage losses caused by or | ||||||
6 | resulting from the installation, maintenance,
repair or | ||||||
7 | removal of cable television facilities. The written | ||||||
8 | agreement
shall provide that the community antenna | ||||||
9 | television company shall maintain
such policies of | ||||||
10 | insurance in full force and effect as long as cable
| ||||||
11 | television facilities remain on the real estate or right of | ||||||
12 | way.
| ||||||
13 | Within 15 business days of receipt of the written prior | ||||||
14 | notice of entry
the public utility, railroad or pipeline owner | ||||||
15 | or operator shall investigate
and determine whether or not the | ||||||
16 | proposed entry and installation or repair,
maintenance, or | ||||||
17 | removal would create a dangerous condition threatening the
| ||||||
18 | safety of the public or the safety of its employees or | ||||||
19 | threatening to cause
an interruption of the furnishing of vital | ||||||
20 | transportation, utility or pipeline
services and upon so | ||||||
21 | finding shall so notify the community antenna television
| ||||||
22 | company of such decision in writing. Initial determination of | ||||||
23 | the existence
of such a dangerous condition or interruption of | ||||||
24 | services shall be made
by the public utility, railroad or | ||||||
25 | pipeline owner or operator whose real
estate or right of way is | ||||||
26 | involved. In the event that the community antenna
television |
| |||||||
| |||||||
1 | company disagrees with such determination, a determination of
| ||||||
2 | whether such entry and installation, maintenance, repair or | ||||||
3 | removal would
create such a dangerous condition or interrupt | ||||||
4 | services shall be made by
a court of competent jurisdiction | ||||||
5 | upon the application of such community
antenna television | ||||||
6 | company. An initial written determination of a public
utility, | ||||||
7 | railroad, or pipeline owner or operator timely made and | ||||||
8 | transmitted
to the community antenna television company, in the | ||||||
9 | absence of a determination
by a court of competent jurisdiction | ||||||
10 | finding to the contrary, bars the entry of
the community | ||||||
11 | antenna television company upon the real estate or right of
way | ||||||
12 | for any purpose.
| ||||||
13 | Any public utility, railroad or pipeline owner or operator | ||||||
14 | may assert
a written claim against any community antenna | ||||||
15 | television company for just
compensation within 30 days after | ||||||
16 | written notice has been given in accordance
with this | ||||||
17 | subparagraph (f). If, within 60 days after the receipt of such
| ||||||
18 | claim for compensation, the community antenna television | ||||||
19 | company has not
agreed to the amount claimed or some other | ||||||
20 | amount acceptable to the public
utility, railroad or pipeline | ||||||
21 | owner or operator, the public utility, railroad
or pipeline | ||||||
22 | owner or operator may bring suit to enforce such claim for just
| ||||||
23 | compensation in any court of competent jurisdiction and, upon | ||||||
24 | timely demand,
may require that the amount of just compensation | ||||||
25 | be determined by a jury.
Any such action shall be commenced | ||||||
26 | within 6 months of the notice provided
for in this subparagraph |
| |||||||
| |||||||
1 | (f). In any action brought to determine such just
compensation, | ||||||
2 | the public utility, railroad or pipeline owner or operator
may | ||||||
3 | submit such evidence as may be relevant to the issue of just | ||||||
4 | compensation.
Neither the assertion of a claim for compensation | ||||||
5 | nor the initiation of
legal action to enforce such claim shall | ||||||
6 | delay or impair the right of the
community antenna television | ||||||
7 | company to construct or install cable television
facilities | ||||||
8 | upon any real estate or rights of way of any public utility,
| ||||||
9 | railroad or pipeline owner or operator.
| ||||||
10 | To the extent that the public utility, railroad, or owner | ||||||
11 | or operator
of an oil, petroleum product, chemical or gas | ||||||
12 | pipeline deems it appropriate
to supervise, monitor or | ||||||
13 | otherwise assist the community antenna television
company in | ||||||
14 | connection with the installation, maintenance, repair or | ||||||
15 | removal
of cable television facilities upon such real estate or | ||||||
16 | rights of way, the
community antenna television company shall | ||||||
17 | reimburse the public utility,
railroad or owner or operator of | ||||||
18 | an oil, petroleum product, chemical or gas
pipeline for costs | ||||||
19 | reasonable and actually incurred in connection therewith.
| ||||||
20 | The provisions of this subparagraph (f) shall not be | ||||||
21 | applicable to any
easements, rights of way or ways for public | ||||||
22 | service facilities in which
public utilities, other than | ||||||
23 | railroads, have any interest pursuant to "an
Act to revise the | ||||||
24 | law in relation to plats" approved March 21, 1874, and
all | ||||||
25 | ordinances enacted pursuant thereto. Such easements, rights of | ||||||
26 | way
and ways for public service facilities are hereby declared |
| |||||||
| |||||||
1 | to be apportionable
and upon written request by a community | ||||||
2 | antenna television company, public
utilities shall make such | ||||||
3 | easements, rights of way and ways for public service
facilities | ||||||
4 | available for the construction, maintenance, repair or removal | ||||||
5 | of
cable television facilities provided that such | ||||||
6 | construction, maintenance,
repair or removal does not create a | ||||||
7 | dangerous condition threatening the safety
of the public or the | ||||||
8 | safety of such public utility employees or threatening
to cause | ||||||
9 | an interruption of the furnishing of vital utility service. | ||||||
10 | Initial
determination of the existence of such a dangerous | ||||||
11 | condition or interruption
of services shall be made by the | ||||||
12 | public utility whose easement, right of
way or way for public | ||||||
13 | service facility is involved. In the event the community
| ||||||
14 | antenna television company disagrees with such determination, | ||||||
15 | a determination
of whether such construction, maintenance, | ||||||
16 | repair or removal would create
such a dangerous condition or | ||||||
17 | threaten to interrupt vital utility services,
shall be made by | ||||||
18 | a court of competent jurisdiction upon the application
of such | ||||||
19 | community antenna television company.
| ||||||
20 | If a county notifies or a county requires a developer to | ||||||
21 | notify a public
utility
before or after issuing a permit or | ||||||
22 | other authorization for the construction of
residential
| ||||||
23 | buildings, then the county or developer shall, at the same | ||||||
24 | time, similarly
notify any
community antenna television system | ||||||
25 | franchised by or within that county.
| ||||||
26 | In addition to such other notices as may be required by |
| |||||||
| |||||||
1 | this subparagraph
(f), a community antenna television company | ||||||
2 | shall not enter upon the real
estate or rights of way of any | ||||||
3 | public utility, railroad or pipeline owner
or operator for the | ||||||
4 | purposes of above-ground maintenance or repair of its
| ||||||
5 | television cable facilities without giving 96 hours prior | ||||||
6 | written notice
to the registered agent of the public utility, | ||||||
7 | railroad or pipeline owner
or operator involved, or in the case | ||||||
8 | of a public utility, notice may be
given through the statewide | ||||||
9 | one-call notice system provided for by General
Order of the | ||||||
10 | Illinois Commerce Commission or, if in Chicago, through the
| ||||||
11 | system known as the Chicago Utility Alert Network.
| ||||||
12 | (Source: P.A. 93-219, eff. 1-1-04.)
| ||||||
13 | Section 10. The Illinois Municipal Code is amended by | ||||||
14 | changing Section 11-42-11.1 as follows:
| ||||||
15 | (65 ILCS 5/11-42-11.1) (from Ch. 24, par. 11-42-11.1)
| ||||||
16 | Sec. 11-42-11.1. (a) In any instance in which a | ||||||
17 | municipality has (i)
granted a franchise to any community | ||||||
18 | antenna television company or (ii)
decided for the municipality | ||||||
19 | itself to construct, operate or maintain a
cable television | ||||||
20 | system within a designated area, no property owner,
condominium | ||||||
21 | association, managing agent, lessee or other person in
| ||||||
22 | possession or control of any residential building located | ||||||
23 | within the
designated area shall forbid or prevent any | ||||||
24 | occupant, tenant or lessee of
any such building from receiving |
| |||||||
| |||||||
1 | cable television service from such
franchisee or municipality, | ||||||
2 | nor demand or accept payment from any such
occupant, tenant or | ||||||
3 | lessee in any form as a condition of permitting the
| ||||||
4 | installation of cable television facilities or the
the
| ||||||
5 | maintenance of cable
television service in any such building or | ||||||
6 | any portion thereof occupied or
leased by such occupant, tenant | ||||||
7 | or lessee, nor shall any such property
owner, condominium | ||||||
8 | association, managing agent, lessee or other person
| ||||||
9 | discriminate in rental charges or otherwise against any | ||||||
10 | occupant, tenant or
lessee receiving cable service; provided, | ||||||
11 | however, that the owner of such
building may require, in | ||||||
12 | exchange and as compensation for permitting the
installation of | ||||||
13 | cable television facilities within and upon such building,
the | ||||||
14 | payment of just compensation by the cable television franchisee | ||||||
15 | which
provides such cable television service, said sum to be | ||||||
16 | determined in
accordance with the provisions of subparagraphs | ||||||
17 | (c) and (d) hereof, and
provided further that the cable | ||||||
18 | television franchisee installing such cable
television | ||||||
19 | facilities shall agree to indemnify the owner of such building
| ||||||
20 | for any damage caused by the installation, operation or removal | ||||||
21 | of such
cable television facilities and service.
| ||||||
22 | No community antenna television company shall install | ||||||
23 | cable television
facilities within a residential building | ||||||
24 | pursuant to this subparagraph (a)
unless an occupant, tenant or | ||||||
25 | lessee of such residential building requests
the delivery of | ||||||
26 | cable television services.
In any instance in which a request |
| |||||||
| |||||||
1 | for service is made by more than 3
occupants, tenants or | ||||||
2 | lessees of a residential building, the community
antenna | ||||||
3 | television company may install cable television facilities
| ||||||
4 | throughout the building in a manner which enables the community | ||||||
5 | antenna
television company to provide cable television | ||||||
6 | services to occupants,
tenants or lessees of other residential | ||||||
7 | units without requiring the
installation of additional cable | ||||||
8 | television facilities other than within
the residential units | ||||||
9 | occupied by such other occupants, tenants or lessees.
| ||||||
10 | (b) In any instance in which a municipality has (i) granted | ||||||
11 | a franchise
to any community antenna television company or (ii) | ||||||
12 | decided for the
municipality itself to construct, operate or | ||||||
13 | maintain a cable television
system within a designated area, no | ||||||
14 | property owner, condominium
association, managing agent, | ||||||
15 | lessee or other person in possession and
control of any | ||||||
16 | improved or unimproved real estate located within such
| ||||||
17 | designated area shall forbid or prevent such cable television | ||||||
18 | franchisee or
municipality from entering upon such real estate | ||||||
19 | for the purpose of and in
connection with the construction or | ||||||
20 | installation of such cable television
system and cable | ||||||
21 | television facilities, nor shall any such property owner,
| ||||||
22 | condominium association, managing agent, lessee or other | ||||||
23 | person in
possession or control of such real estate forbid or | ||||||
24 | prevent such cable
television franchisee or municipality from | ||||||
25 | constructing or installing upon,
beneath or over such real | ||||||
26 | estate, including any buildings or other
structures located |
| |||||||
| |||||||
1 | thereon, hardware, cable, equipment, materials or other
cable | ||||||
2 | television facilities utilized by such cable franchisee
or | ||||||
3 | municipality in the construction and installation of such cable
| ||||||
4 | television system; provided, however, that the owner of any | ||||||
5 | such real
estate may require, in exchange and as compensation | ||||||
6 | for permitting the
construction or installation of cable | ||||||
7 | television facilities upon, beneath
or over such real estate, | ||||||
8 | the payment of just compensation by the cable
television | ||||||
9 | franchisee which provides such cable television service, said
| ||||||
10 | sum to be determined in accordance with the provisions of | ||||||
11 | subparagraphs (c)
and (d) hereof, and provided further that the | ||||||
12 | cable television franchisee
constructing or installing such | ||||||
13 | cable television facilities shall agree to
indemnify the owner | ||||||
14 | of such real estate for any damage caused by the
installation, | ||||||
15 | operation or removal of such cable television facilities
and | ||||||
16 | service.
| ||||||
17 | (c) In any instance in which the owner of a residential | ||||||
18 | building or the
owner of improved or unimproved real estate | ||||||
19 | intends to require the payment of
just compensation in excess | ||||||
20 | of $1 in exchange for permitting the installation
of cable | ||||||
21 | television facilities in and upon such building, or upon, | ||||||
22 | beneath
or over such real estate, the owner shall serve written | ||||||
23 | notice thereof upon
the cable television franchisee. Any such | ||||||
24 | notice shall be served within
20 days of the date on which such | ||||||
25 | owner is notified of the cable television
franchisee's | ||||||
26 | intention to construct or install cable television facilities
|
| |||||||
| |||||||
1 | in and upon such building, or upon, beneath or over such real | ||||||
2 | estate. Unless
timely notice as herein provided is given by the | ||||||
3 | owner to the cable television
franchisee, it will be | ||||||
4 | conclusively presumed that the owner of any such
building or | ||||||
5 | real estate does not claim or intend to require a payment of | ||||||
6 | more
than $1 in exchange and as just compensation for | ||||||
7 | permitting the installation
of cable television facilities | ||||||
8 | within and upon such building, or upon, beneath
or over such | ||||||
9 | real estate. In any instance in which a cable television
| ||||||
10 | franchisee intends to install cable television facilities as | ||||||
11 | herein
provided, written notice of such intention shall be sent | ||||||
12 | by the cable
television franchisee to the property owner or to | ||||||
13 | such person, association
or managing agent as shall have been | ||||||
14 | appointed or otherwise designated to
manage or operate the | ||||||
15 | property. Such notice shall include the address of
the | ||||||
16 | property, the name of the cable television franchisee, and | ||||||
17 | information
as to the time within which the owner may give | ||||||
18 | notice, demand payment as
just compensation and initiate legal | ||||||
19 | proceedings as provided in this
subparagraph (c) and | ||||||
20 | subparagraph (d). In any instance in which a community
antenna | ||||||
21 | television company intends to install cable television | ||||||
22 | facilities
within a residential building containing 12 or more | ||||||
23 | residential units
or upon, beneath, or over real estate that is | ||||||
24 | used as a site for 12 or more
manufactured housing units,
12 or | ||||||
25 | more mobile homes,
or a combination of 12 or more
manufactured | ||||||
26 | housing units and mobile homes, the
written notice shall |
| |||||||
| |||||||
1 | further provide that the property owner may require
that the | ||||||
2 | community antenna television company submit to the owner | ||||||
3 | written
plans identifying the manner in which cable television | ||||||
4 | facilities are to be
installed, including the proposed location | ||||||
5 | of coaxial cable. Approval of
such plans by the property owner | ||||||
6 | shall not be unreasonably withheld and
such owners' consent to | ||||||
7 | and approval of such plans shall be presumed
unless, within 30 | ||||||
8 | days after receipt thereof, or in the case of a
condominium | ||||||
9 | association, 90 days after receipt thereof, the property owner
| ||||||
10 | identifies in writing the specific manner in which such plans | ||||||
11 | deviate from
generally accepted construction or safety | ||||||
12 | standards, and unless the
property owner contemporaneously | ||||||
13 | submits an alternative construction plan
providing for the | ||||||
14 | installation of cable television facilities in an
economically | ||||||
15 | feasible manner. The community antenna television company may
| ||||||
16 | proceed with the plans originally submitted if an alternative | ||||||
17 | plan is not
submitted by the property owner within 30 days, or | ||||||
18 | in the case of a
condominium association, 90 days, or if an | ||||||
19 | alternative plan submitted by
the property owner fails to | ||||||
20 | comply with generally accepted construction and
safety | ||||||
21 | standards or does not provide for the installation of cable
| ||||||
22 | television facilities in an economically feasible manner.
For | ||||||
23 | purposes of this subsection, "mobile home" and "manufactured | ||||||
24 | housing
unit" have
the same meaning as in the Illinois | ||||||
25 | Manufactured Housing and Mobile Home Safety
Act.
| ||||||
26 | (d) Any owner of a residential building described in |
| |||||||
| |||||||
1 | subparagraph (a),
and any owner of improved or unimproved real | ||||||
2 | estate described in subparagraph
(b), who shall have given | ||||||
3 | timely written notice to the cable television
franchisee as | ||||||
4 | provided in subparagraph (c), may assert a claim for just
| ||||||
5 | compensation in excess of $1 for permitting the installation of | ||||||
6 | cable
television facilities within and upon such building, or | ||||||
7 | upon, beneath or
over such real estate. Within 30 days after | ||||||
8 | notice has been given in
accordance with subparagraph (c), the | ||||||
9 | owner shall advise the cable
television franchisee in writing | ||||||
10 | of the amount claimed as just
compensation. If within 60 days | ||||||
11 | after the receipt of the owner's claim,
the cable television | ||||||
12 | franchisee has not agreed to pay the amount claimed or
some | ||||||
13 | other amount acceptable to the owner, the owner may bring suit | ||||||
14 | to
enforce such claim for just compensation in any court of | ||||||
15 | competent
jurisdiction and, upon timely demand, may require | ||||||
16 | that the amount of just
compensation be determined by a jury. | ||||||
17 | Any such action shall be commenced
within 6 months of the | ||||||
18 | notice given by the cable television franchisee
pursuant to | ||||||
19 | subparagraph (c) hereof. In any action brought to determine
| ||||||
20 | such amount, the owner may submit evidence of a decrease in the | ||||||
21 | fair market
value of the property occasioned by the | ||||||
22 | installation or location of the
cable on the property, that the | ||||||
23 | owner has a specific alternative use for
the space occupied by | ||||||
24 | cable television facilities, the loss of which will
result in a | ||||||
25 | monetary loss to the owner, or that installation of cable
| ||||||
26 | television facilities within and upon such building or upon, |
| |||||||
| |||||||
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 such | ||||||
4 | 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 described | ||||||
13 | in subparagraph (b).
| ||||||
14 | (f) Notwithstanding the foregoing, no community antenna | ||||||
15 | television
company or municipality shall enter upon any real | ||||||
16 | estate or rights of way
in the possession or control of any | ||||||
17 | public utility, railroad or owner or
operator of an oil, | ||||||
18 | petroleum product, chemical or gas pipeline to install
or | ||||||
19 | remove cable television facilities or to provide underground | ||||||
20 | maintenance
or repair services with respect thereto, prior to | ||||||
21 | delivery to the public
utility, railroad or pipeline owner or | ||||||
22 | operator of written notice of intent
to enter, install, | ||||||
23 | maintain or remove. No entry shall be made until at
least 15 | ||||||
24 | business days after receipt of such written notice. Such | ||||||
25 | written
notice, which shall be delivered to the registered | ||||||
26 | agent of such public
utility, railroad or pipeline owner or |
| |||||||
| |||||||
1 | operator shall include the following
information:
| ||||||
2 | (i) The date of the proposed installation, | ||||||
3 | maintenance, repair or
removal and projected length of time | ||||||
4 | required to complete such
installation, maintenance, | ||||||
5 | repair or removal;
| ||||||
6 | (ii) The manner and method of such installation, | ||||||
7 | maintenance,
repair or removal;
| ||||||
8 | (iii) The location of the proposed entry and path of | ||||||
9 | cable television
facilities proposed to be placed, | ||||||
10 | repaired, maintained or removed upon the
real estate or | ||||||
11 | right of way; and
| ||||||
12 | (iv) The written agreement of the community antenna | ||||||
13 | television company
to indemnify and hold harmless such | ||||||
14 | public utility, railroad or pipeline
owner or operator from | ||||||
15 | the costs of any damages directly or indirectly
caused by | ||||||
16 | the installation, maintenance, repair, operation, or | ||||||
17 | removal of
cable television facilities. Upon request of the | ||||||
18 | public utility, railroad,
or owner or operator of an oil, | ||||||
19 | petroleum product, chemical or gas
pipeline, the community | ||||||
20 | antenna television company shall provide proof that
it has | ||||||
21 | purchased and will maintain a policy or policies of | ||||||
22 | insurance in
amounts sufficient to provide coverage for | ||||||
23 | personal injury and property
damage losses caused by or | ||||||
24 | resulting from the installation, maintenance,
repair or | ||||||
25 | removal of cable television facilities. The written | ||||||
26 | agreement
shall provide that the community antenna |
| |||||||
| |||||||
1 | television company shall maintain
such policies of | ||||||
2 | insurance in full force and effect as long as cable
| ||||||
3 | television facilities remain on the real estate or right of | ||||||
4 | way.
| ||||||
5 | Within 15 business days of receipt of the written prior | ||||||
6 | notice of entry
the public utility, railroad or pipeline owner | ||||||
7 | or operator shall investigate
and determine whether or not the | ||||||
8 | proposed entry and installation or repair,
maintenance, or | ||||||
9 | removal would create a dangerous condition threatening the
| ||||||
10 | safety of the public or the safety of its employees or | ||||||
11 | threatening to cause
an interruption of the furnishing of vital | ||||||
12 | transportation, utility or pipeline
services and upon so | ||||||
13 | finding shall so notify the community antenna television
| ||||||
14 | company or municipality of such decision in writing. Initial | ||||||
15 | determination
of the existence of such a dangerous condition or | ||||||
16 | interruption of services
shall be made by the public utility, | ||||||
17 | railroad or pipeline owner or operator
whose real estate or | ||||||
18 | right of way is involved. In the event that the
community | ||||||
19 | antenna television company or municipality disagrees with such
| ||||||
20 | determination, a determination of whether such entry and | ||||||
21 | installation,
maintenance, repair or removal would create such | ||||||
22 | a dangerous condition or
interrupt services shall be made by a | ||||||
23 | court of competent jurisdiction upon
the application of such | ||||||
24 | community antenna television company or
municipality. An | ||||||
25 | initial written determination of a public utility,
railroad, or | ||||||
26 | pipeline owner or operator timely made and transmitted to the
|
| |||||||
| |||||||
1 | community antenna television company or municipality, in the | ||||||
2 | absence of a
determination by a court of competent jurisdiction | ||||||
3 | finding to the contrary,
bars the entry of the community | ||||||
4 | antenna television company or municipality
upon the real estate | ||||||
5 | or right of way for any purpose.
| ||||||
6 | Any public utility, railroad or pipeline owner or operator | ||||||
7 | may assert
a written claim against any community antenna | ||||||
8 | television company for just
compensation within 30 days after | ||||||
9 | written notice has been given in accordance
with this | ||||||
10 | subparagraph (f). If, within 60 days after the receipt of such
| ||||||
11 | claim for compensation, the community antenna television | ||||||
12 | company has not
agreed to the amount claimed or some other | ||||||
13 | amount acceptable to the public
utility, railroad or pipeline | ||||||
14 | owner or operator, the public utility, railroad
or pipeline | ||||||
15 | owner or operator may bring suit to enforce such claim for just
| ||||||
16 | compensation in any court of competent jurisdiction and, upon | ||||||
17 | timely demand,
may require that the amount of just compensation | ||||||
18 | be determined by a jury.
Any such action shall be commenced | ||||||
19 | within 6 months of the notice provided
for in this subparagraph | ||||||
20 | (f). In any action brought to determine such just
compensation, | ||||||
21 | the public utility, railroad or pipeline owner or operator
may | ||||||
22 | submit such evidence as may be relevant to the issue of just | ||||||
23 | compensation.
Neither the assertion of a claim for compensation | ||||||
24 | nor the initiation of
legal action to enforce such claim shall | ||||||
25 | delay or impair the right of the
community antenna television | ||||||
26 | company to construct or install cable television
facilities |
| |||||||
| |||||||
1 | upon any real estate or rights of way of any public utility,
| ||||||
2 | railroad or pipeline owner or operator.
| ||||||
3 | To the extent that the public utility, railroad, or owner | ||||||
4 | or operator
of an oil, petroleum product, chemical or gas | ||||||
5 | pipeline deems it appropriate
to supervise, monitor or | ||||||
6 | otherwise assist the community antenna television
company in | ||||||
7 | connection with the installation, maintenance, repair or | ||||||
8 | removal
of cable television facilities upon such real estate or | ||||||
9 | rights of way, the
community antenna television company shall | ||||||
10 | reimburse the public utility,
railroad or owner or operator of | ||||||
11 | an oil, petroleum product, chemical or gas
pipeline for costs | ||||||
12 | reasonable and actually incurred in connection therewith.
| ||||||
13 | The provisions of this subparagraph (f) shall not be | ||||||
14 | applicable to any
easements, rights of way or ways for public | ||||||
15 | service facilities in which
public utilities, other than | ||||||
16 | railroads, have any interest pursuant to "An
Act to revise the | ||||||
17 | law in relation to plats", approved March 21, 1874,
as amended, | ||||||
18 | and all ordinances enacted pursuant thereto. Such easements,
| ||||||
19 | rights of way and ways for public service facilities are hereby | ||||||
20 | declared to
be apportionable and upon written request by a | ||||||
21 | community antenna television
company, public utilities shall | ||||||
22 | make such easements, rights of way and ways
for public service | ||||||
23 | facilities available for the construction, maintenance,
repair | ||||||
24 | or removal of cable television facilities provided that such
| ||||||
25 | construction, maintenance, repair or removal does not create a | ||||||
26 | dangerous
condition threatening the safety of the public or the |
| |||||||
| |||||||
1 | safety of such public
utility employees or threatening to cause | ||||||
2 | an interruption of the furnishing
of vital utility service. | ||||||
3 | Initial determination of the existence of such a
dangerous | ||||||
4 | condition or interruption of services shall be made by the | ||||||
5 | public
utility whose easement, right of way or way for public | ||||||
6 | service facility is
involved. In the event the community | ||||||
7 | antenna television company or
municipality disagrees with such | ||||||
8 | determination, a determination of whether
such construction, | ||||||
9 | maintenance, repair or removal would create such a
dangerous | ||||||
10 | condition or threaten to interrupt vital utility services, | ||||||
11 | shall
be made by a court of competent jurisdiction upon the | ||||||
12 | application of such
community antenna television company.
| ||||||
13 | If a municipality notifies or a municipality requires a | ||||||
14 | developer to
notify
a public
utility before or after issuing a | ||||||
15 | permit or other authorization for the
construction of
| ||||||
16 | residential buildings, then the municipality or developer | ||||||
17 | shall, at the same
time, similarly
notify any community antenna | ||||||
18 | television system franchised by or within that
municipality.
| ||||||
19 | In addition to such other notices as may be required by | ||||||
20 | this subparagraph
(f), a community antenna television company | ||||||
21 | or municipality shall not
enter upon the real estate or rights | ||||||
22 | of way of any public utility, railroad
or pipeline owner or | ||||||
23 | operator for the purposes of above-ground maintenance
or repair | ||||||
24 | of its television cable facilities without giving 96 hours | ||||||
25 | prior
written notice to the registered agent of the public | ||||||
26 | utility, railroad or
pipeline owner or operator involved, or in |
| |||||||
| |||||||
1 | the case of a public utility,
notice may be given through the | ||||||
2 | statewide one-call notice system provided
for by General Order | ||||||
3 | of the Illinois Commerce Commission or, if in Chicago,
through | ||||||
4 | the system known as the Chicago Utility Alert Network.
| ||||||
5 | (Source: P.A. 93-219, eff. 1-1-04 .)
| ||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
|