HB1500 95TH GENERAL ASSEMBLY

LRB095 09362 MJR 31669 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1500

Introduced 2/22/2007, by Rep. James D. Brosnahan

SYNOPSIS AS INTRODUCED:

See Index

Creates the Cable and Video Competition Law of 2007 in the Public Utilities Act. Provides that a person or entity seeking to provide cable service or video service must file an application with and obtain a State-issued authorization from the Illinois Commerce Commission. Provides that the holder of a State-issued authorization must: (1) comply with rules concerning customer service and privacy protection; (2) designate a sufficient amount of capacity on its network to provide for the same number of public, education, and government access channels that are in actual use; (3) comply with provisions concerning the emergency alert system; and (4) comply with provisions concerning applicable fees payable to and audits by local units of government. Contains provisions concerning the local unit of government's authority over the holder of a State-issued authorization. Specifies the requirements for a holder of a State-issued authorization to provide video services. Contains provisions concerning the access to property and payment for access by the holder of a State-issued authorization. Provides that the Law shall be enforced only by a court of competent jurisdiction. Preempts home rule. Amends other Acts to provide that they are subject to the provisions added to the Public Utilities Act. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Public Utilities Act is amended by adding Article XXI and Sections 21-100, 21-101, 21-201, 21-301, 21-401, 21-501, 21-601, 21-701, 21-801, 21-901, 21-1001, 21-1101, 21-1201, 21-1301, and 21-1401 as follows:

(220 ILCS 5/Art. XXI heading new)

ARTICLE XXI. CABLE AND VIDEO COMPETITION

(220 ILCS 5/21-100 new)

Sec. 21-100. Short title. This Article may be cited as the Cable and Video Competition Law of 2007.

(220 ILCS 5/21-101 new)

Sec. 21-101. Findings. With respect to cable and video competition, the General Assembly finds that:

(a) The economy in the State of Illinois would be enhanced by investment in new communications and video services infrastructure, including broadband facilities, fiber optic, and Internet protocol technologies.

(b) Cable services and video services bring important daily benefits to Illinois consumers by providing news, education, and entertainment.

(c) Competitive video service providers are capable of providing new video programming services and competition to Illinois consumers.

(d) There has been only minimal competitive entry into the facilities-based video programming market since current franchising requirements in this State were enacted.

(e) The local authorization process and issues regarding its applicability act as a barrier to entry to many new facilities-based entrants because time to market and reasonable cost of entry are critical for new entrants seeking to compete with the cable incumbents.

(f) The provision of competitive cable service and video service is a matter of statewide concern that extends beyond the boundaries of individual local units of government.

(g) The State authorization process and uniform standards and procedures in this Article are intended to enable rapid and widespread entry by competitive providers bringing to Illinois consumers the benefits of video competition and bringing to this State and its local units of government the benefits of new infrastructure investment, job growth, and innovation in broadband and Internet protocol technologies and deployment.

(220 ILCS 5/21-201 new)

Sec. 21-201. Definitions. As used in this Article:

(a) "Cable operator" means that term as defined in 47 U.S.C. 522(5).

(b) "Cable service" means that term as defined in 47 U.S.C. 522(6).

(c) "Cable service or video service authorization" means an initial authorization issued by the Commission, regardless of whether the authorization is designed as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, that authorizes the construction and operation of a cable system or video service provider's network in the public rights-of-way to offer cable service or video service to any subscriber in the State.

(d) "Cable system" means that term as defined in 47 U.S.C. 522(7).

(e) "Commission" means the Illinois Commerce Commission.

(f) "Competitive video service provider" means a person or entity that is providing or seeks to provide video service, as defined in subsection (n) of this Section, in the area served or to be served by that video service provider. This term does not include a cable operator, and a competitive video service provider shall not be considered a cable operator, and the facilities of a competitive video service provider shall not be considered a cable system.

(g) "Holder" means a person or entity that has been issued a cable service or video service authorization from the Commission pursuant to this Article.

(h) "Incumbent cable operator" means a cable operator that provides cable service to subscribers in a particular franchise area within a local unit of government and that serves the largest number of cable subscribers in that particular franchise area on the effective date of this Article.

(i) "Local franchising entity" means the local unit of government that requires a franchise with a cable operator to offer cable services.

(j) "Local unit of government" means a municipality, either a city, village, or incorporated town, and a county, but only with respect to those portions within that county and outside a municipality, within whose jurisdiction the holder of a State authorization under this Article may provide cable service or video service.

(k) "Public rights-of-way" means the areas on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easements dedicated for compatible uses.

(l) "Service provider fee" means the amount paid under Section 21-801 of this Article by the holder of a State-issued authorization pursuant to Section 21-301 of this Article.

(m) "Video programming" means that term as defined in 47 U.S.C. 522(20).

(n) "Video service" means video programming services provided through wireline facilities located at least in part in the public rights-of-way without regard to delivery technology, including Internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider defined in 47 U.S.C. 332(d) or any video programming provided as part of, and via, a service that enables users to access content, information, electronic mail, or other services offered over the public Internet.

(220 ILCS 5/21-301 new)

Sec. 21-301. Eligibility for State authorization.

(1) A person or entity seeking to provide cable service or video service in this State after the effective date of this Article shall file an application with and obtain a State-issued authorization from the Commission as required by this Article.

(2) A person or entity providing cable service or video service pursuant to an agreement with a local franchising entity or local unit of government is not eligible to obtain a State-issued authorization under this Article with respect to its current authority until the agreement expires, except as provided in subsections (3) and (4). Upon expiration of its current agreement, an incumbent cable operator not subject to subsections (3) and (4) shall obtain State authorization from the Commission pursuant to this Article and shall be subject to the provisions of this Article.

(3) A person or entity providing cable service or video service that is not the incumbent cable operator may elect to terminate its agreement with the local franchising entity or local unit of government and obtain a State-issued authorization by providing written notice to the Commission and the affected local franchising entity or local unit of government within 90 days after the effective date of this Article. The existing agreement is terminated on the date that the Commission issues the State-issued authorization.

(4) A person or entity providing cable service or video service that is not the incumbent cable operator in a particular franchise area and that elects under subsection (3) to terminate an existing agreement with a local franchising entity or local unit of government is responsible for remitting to the affected franchising authority or local unit of government before the 91st day after the date the agreement is terminated any accrued but unpaid fees due under the terminated agreement. If that person or entity has credit remaining from prepaid franchise fees, that person or entity may deduct the amount of the remaining credit from any future fees or taxes it must pay to the local franchising authority or local unit of government.

(5) For purposes of this Article, Section 11-42-11 of the Illinois Municipal Code (65 ILCS 5/11-42-11), Section 5-1095 of the Counties Code (55 ILCS 5/5-1095), or 47 U.S.C. 521 et seq., the Commission shall be the sole franchising authority for cable service or video service in this State. Neither the Commission nor any local unit of government may require a person or entity that is eligible for and has applied for a State-issued authorization to obtain a separate franchise or otherwise impose or collect any fee on cable service or video service or franchise requirement except as provided under this Article. For purposes of this subsection, such fee or franchise requirement includes, without limitation, any provision regulating rates charged by that person or entity or requiring that person or entity to satisfy any build-out requirements or to deploy any facilities or equipment.

(6) Any person or entity that is subject to subsection (1) or elects pursuant to subsections (3) and (4) to be subject to the provisions of this Article shall not be subject to Section 11-42-11 of the Illinois Municipal Code (65 ILCS 5/11-42-11) or Section 5-1095 of the Counties Code (55 ILCS 5/5-1095).

(220 ILCS 5/21-401 new)

Sec. 21-401. Applications.

(1) A person or entity that is eligible and seeks to provide cable service or video service in this State may at any time after the effective date of this Article file an application for cable service or video service authorization with the Commission as required by this Section. A person or entity providing cable service or video service under an existing agreement with a local franchising entity or local unit of government is not subject to this Section with respect to the local franchising entity or local unit of government for the area covered by that existing agreement until the agreement expires or it elects pursuant to Section 21-301 (1), (3), and (4) to obtain an authorization from the Commission.

(2) The application shall contain a completed affidavit submitted by the applicant and signed by an officer or general partner of the applicant affirming all of the following:

(a) That the applicant has filed or will timely file with the Federal Communications Commission all forms required by that agency in advance of offering cable service or video service in this State.

(b) That the applicant agrees to comply with all applicable federal and State statutes and regulations.

(c) That the applicant agrees to comply with all local unit of government regulations that are applicable and enforceable under Section 21-1001 of this Article regarding the use and occupation of public rights-of-way in the delivery of the cable service or video service.

(d) A general description of the cable or video service area footprint to be served.

(e) The location of the applicant's principal place of business and the names of the applicant's principal executive officers.

(3) If an application contains information that is designated as confidential and proprietary by the applicant, the Commission shall only disclose that information pursuant to a valid and enforceable subpoena or court order. This Article supersedes any other provision of State law that would permit or require the Commission to disclose such information.

(4) The Commission shall notify an applicant for a cable service or video service authorization whether the applicant's application and affidavit are complete on or before the 15th day after the applicant submits the application. If the application and affidavit are not complete, the Commission shall state in its notice all of the reasons the application or affidavit are incomplete, and the applicant shall resubmit a complete application. The Commission shall have 30 days after submission by the applicant of a complete application and affidavit to issue the service authorization. If the Commission does not notify the applicant regarding the completeness of the application and affidavit or issue the service authorization within the time periods required under this subsection, the application and affidavit shall be considered complete and the service authorization issued upon the expiration of the 30th day.

(5) The cable service or video service authorization issued by the Commission or pursuant to this Article shall contain or include all of the following:

(a) A grant of authority to provide cable service or video service in the service area footprint as requested in the application.

(b) A grant of authority to use and occupy the public rights-of-way in the delivery of that service in the service area footprint, subject to Section 21-1001 and the laws of this State.

(c) A statement that the grant of authority is subject to lawful operation of the cable service or video service by the applicant or its successor in interest.

(6) The cable service or video service authorization issued by the Commission is fully transferable to any successor in interest to the applicant to which it is initially granted without further Commission action. A notice of transfer shall be filed with the Commission and the relevant local unit of government within 15 business days of the completion of the transfer. The Commission is not required or authorized to act upon that notice.

(7) The cable service or video service authorization issued by the Commission may be terminated or its cable or video service area footprint may be modified by the cable service provider or video service provider by submitting notice to the Commission and the relevant local unit of government. The Commission is not required or authorized to act upon that notice.

(8) The Commission's authority to administer this Article is limited to the powers and duties explicitly provided for under this Article. Its authority under this Article does not include the powers and duties that the Commission has under the other Articles of this Act and the Illinois Administrative Procedure Act (5 ILCS 100/) to conduct proceedings or to promulgate rules or regulations. The Commission shall not have the authority to either limit or expand the obligations and requirements provided in this Section or Article, or to regulate or control a person or entity to the extent that person or entity is providing cable service or video service except as provided in this Article.

(220 ILCS 5/21-501 new)

Sec. 21-501. Customer service and privacy protection.

(1) The holder of a State-issued authorization shall comply with all customer service rules of the Federal Communications Commission under 47 CFR 76.309(c), and as amended thereafter. As of the effective date of this Article, those rules require:

(a) An up-to-date copy of all of holder's rates, rules, regulations and policies related to cable service and video service must be made available to customers, or on the holder's web site, and provided to the local unit of government upon request.

(b) Holder will maintain a local, toll-free, or collect call telephone access line that will be available to subscribers to its cable service or video service 24 hours a day, 7 days a week. Holder's trained representatives will be available to respond to customer telephone inquiries during normal business hours. After normal business hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by holder's trained company representative on the next business day.

(c) Under normal operating conditions, telephone answer time by holder's customer representative, including wait time, shall not exceed 30 seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed 30 seconds. These standards shall be met no less than 90% of the time under normal operating conditions, measured on a quarterly basis. Holder will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards described in this subsection unless an historical record of complaints indicates a clear failure to comply.

(d) Under normal operating conditions, holder's customer will receive a busy signal less than 3% of the time.

(e) Holder's customer service center and bill payment locations will be open at least during normal business hours and will be conveniently located.

(f) Under normal operating conditions, each of the following 4 standards related to installations, outages, and service calls will be met no less than 95% of the time measured on a quarterly basis:

(i) Standard installations will be performed within 7 business days after an order has been placed. "Standard" installations are those that are located up to 125 feet from the existing distribution system.

(ii) Excluding conditions beyond the control of holder, holder will begin working on "service interruptions" promptly and in no event later than 24 hours after the interruption becomes known. Holder must begin actions to correct other service problems the next business day after notification of the service problem.

(iii) The "appointment window" alternatives for installations, service calls, and other installation activities will be either a specific time or, at maximum, a 4-hour time block during normal business hours. (Holder may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.)

(iv) Holder may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment.

(g) If holder's representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time that is convenient for the customer.

(h) Refund checks will be issued promptly, but no later than either (i) the customer's next billing cycle following resolution of the request or 30 days, whichever is earlier, or (ii) the return of the equipment supplied by holder if service is terminated.

(i) Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted.

(j) The following definitions apply to the terms used in this subsection (1):

(i) "Normal business hours" means those hours during which most similar businesses in the geographic area of the local unit of government are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week or some weekend hours.

(ii) "Normal operating conditions" means those service conditions that are within the control of holder. Those conditions that are not within the control of holder include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions that are ordinarily within the control of holder include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable service or video service network.

(iii) "Service interruption" means the loss of picture or sound on one or more cable service or video service channels.

(2) The holder of a State-issued authorization shall comply with the consumer privacy requirements of 47 U.S.C. 551 in effect as of the effective date of this Article, and as amended thereafter.

(220 ILCS 5/21-601 new)

Sec. 21-601. Public, education, and government programming access.

(1) Not later than 120 days after a request by the unit of local government that has received notice under Section 801(1) of this Article, the holder of a State-issued authorization shall designate a sufficient amount of capacity on its network to provide for the same number of public, education, and government access channels that are in actual use, as described in this Section, on the incumbent cable operator's system on the effective date of this Article and make reasonable, technically feasible efforts to retransmit such community programming, but shall not be subject to any requirements under 47 U.S.C. 531. Any public, education, or government channel provided under this Section that is not used by the franchising authority or local unit of government for at least 8 hours per day of non-repeat programming for 3 consecutive months may no longer be made available to the local franchising authority or local unit of government and may be programmed at the provider's discretion. At such time as the local franchising authority or local unit of government can certify a schedule for at least 8 hours of daily non-repeat programming for a period of 3 consecutive months, the provider shall restore the previously allocated channel. A cable operator that elects to obtain a video service authorization pursuant to Section 21-301(3) and (4) or at the expiration of its existing franchise shall continue to comply with all community programming obligations of its franchise and be subject to 47 U.S.C. 531.

(2) The local unit of government shall ensure that all transmissions, content, or programming to be retransmitted by a holder of a State authorization to provide cable service or video service is provided or submitted to that holder in a manner or form that is capable of being accepted and retransmitted by the holder, without requirement for additional alteration or change in the content by the holder, over its particular network, and that is compatible with the technology or protocol utilized by the holder to deliver cable service or video service.

(3) Where technically feasible, the holder of a service authorization under this Article and a cable operator that is already providing cable service in that franchise area may interconnect their cable or video systems for the purpose of providing applicable public, education, and government programming for the respective services areas. Interconnection may be accomplished by direct cable, microwave link, satellite, or other reasonable method of connection. Holders of a service authorization and cable operators that are already providing cable service in that particular franchise area shall negotiate in good faith, and those cable operators may not withhold interconnection. The provider of public, education, or government channels shall not be required to transmit over these channels any content that is branded with the logo, name, or other identifying marks of another provider.

(4) The local unit of government is solely responsible for all content provided over designated public, education, or government channels. A holder of a State-issued authorization shall not exercise any editorial control over any programming on any channel designed for public, education, or government use or on any other channel required by law or a binding agreement with the local franchising authority.

(5) A holder of a State-issued authorization is not subject to any civil or criminal liability for any program carried on any channel designated for public, education, or government use or on any other channel.

(220 ILCS 5/21-701 new)

Sec. 21-701. Emergency alert system. The holder of a State-issued authorization shall comply with all applicable requirements of the Federal Communications Commission involving the distribution and notification of federal, state, and local emergency messages over the emergency alert system applicable to cable operators.

(220 ILCS 5/21-801 new)

Sec. 21-801. Applicable fees payable to the local unit of government.

(1) Prior to offering cable service or video service in a local unit of government's jurisdiction, a holder of a State-issued authorization shall notify the local unit of government. The notice shall be given to the local unit of government at least 10 days before the holder of that authorization begins to offer cable service or video service within the boundaries of that local unit of government.

(2) In any local unit of government in which a holder offers cable service or video service on a commercial basis, the holder shall be liable for and pay the service provider fee to the local unit of government: (a) upon its written request for that fee; and (b) after no less than 30 days written notice. The holder's liability for the fee shall commence only on the first day of the calendar month following the expiration of the 30-day minimum written notice period. The fee shall be equal to the lesser of 5% of gross revenues or the lowest percentage of gross revenues paid to the local unit of government by any cable operator providing cable service as of the effective date of this Article. If the local unit of government makes such a request, the payment of the service provider fee shall be due on a quarterly basis, 45 days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. The local unit of government may not demand any additional fees or charges from the holder of the State-issued authorization and may not demand the use of any other calculation method other than allowed under this Article. Notwithstanding any other provisions in this Section, no fee is due under this Section until the local unit of government certifies and provides supporting documentation of the percentages of gross revenues paid by each cable operator.

(3) For purposes of this Section, "gross revenues" means all consideration of any kind or nature, including, without limitation, cash, credits, property, and in-kind contributions received by the holder from subscribers for the provision of cable service or video service within the holder's cable or video service area within the local unit of government's jurisdiction.

(a) Gross revenues are limited to the following:

(i) Recurring charges for cable service or video service.

(ii) Event-based charges for cable service or video service, including, but not limited to, pay-per-view and video-on-demand charges.

(iii) Rental of set top boxes and other cable service or video service equipment.

(iv) Service charges related to the provision of cable service or video service, including but not limited to activation, installation, and repair charges.

(v) Administrative charges related to the provision of cable service or video service, including but not limited to service order and service termination charges.

(b) Gross revenues do not include any of the following:

(i) Revenues not actually received, even if billed, such as bad debt.

(ii) Refunds, discounts, or other price adjustments that reduce the amount of gross revenues received by the holder of the State-issued authorization.

(iii) Regardless of whether the services are bundled, packaged, or functionally integrated with cable service or video service, any revenues from services not classified as cable service or video service, including, without limitation, revenue received from telecommunications services, information services, or the provision of directory or Internet advertising, including yellow pages, white pages, banner advertisement, and electronic publishing, or any other revenues attributed by the holder of the State-issued authorization to noncable service or nonvideo service in accordance with the holder's books and records kept in the regular course of business and any applicable laws, rules, regulations, standards, or orders.

(iv) The sale of cable services or video services for resale in which the purchaser is required to collect the service provider fee from the purchaser's subscriber.

(v) Any tax or fee, including the fees specified in this Section, imposed upon the holder of the State-issued authorization or upon subscribers by a city, state, federal, or any other governmental entity and collected by the holder of the State-issued authorization and remitted to the taxing entity.

(vi) Security deposits collected from subscribers.

(vii) Late payment fees or charges, insufficient funds check charges, and other charges assessed to recover the costs of collecting delinquent payments.

(viii) Maintenance charges.

(ix) Amounts paid by subscribers to "home shopping" or similar vendors for merchandise sold through any home shopping channel offered as part of the cable service or video service.

(4) The holder of a State-issued authorization to provide cable service or video service shall pay to the local unit of government upon request as support for public, education, and government programming a fee equal to 1% of gross revenues. The fee shall be due on a quarterly basis, 45 days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. The liability of the holder for payment of the fee under this subsection shall commence on the same date as the payment of the service provider fee pursuant to subsection (2) of this Section. Any cable operator that pursuant to Section 21-601(1) is required to continue to provide to a unit of local government any services, facilities, or equipment, that relate to public, education, or government use of channel capacity under 47 U.S.C. 531, shall be permitted to reduce the amounts required to be paid pursuant to this subsection by any reasonable costs it incurs on an annual basis to provide such services, facilities, or equipment.

(5) The holder of a State-issued authorization may identify and collect the amount of the service provider fee as a separate line item on the regular bill of each subscriber.

(6) The holder of a State-issued authorization may identify and collect the amount of the public, education, and government programming support fee as a separate line item on the regular bill of a subscriber.

(7) All determinations and computations made under this Section shall be pursuant to generally accepted accounting principles.

(8) Nothing contained in this Article shall be construed to exempt a holder of a State-issued authorization from the Commission from any tax that is or may later be imposed by the local unit of government, including any tax that is or may later be required to be paid by or through the holder with respect to cable service or video service.

(220 ILCS 5/21-901 new)

Sec. 21-901. Audits.

(1) No more than once per any 3-year period, a local unit of government may perform reasonable audits of the holder of a State-issued authorization's calculation of the fees paid to the local unit of government under Section 21-801. All records reasonably necessary for the audits shall be made available by the holder at the location where the records are kept in the ordinary course of business. The local unit of government and the holder shall each be responsible for their respective costs of the audit. Any additional amount due verified by the holder of an authorization and the local unit of government shall be paid within 30 days after the local unit of government's submission of an invoice for the sum.

(2) Any claims by a local unit of government that fees have not been paid as required under Section 21-801, and any claims for refunds or other corrections to the remittance of the holder, shall be made within 3 years of the end of the quarter for which compensation is remitted.

(3) If the audit contains or reveals information that is designated as confidential and proprietary by the holder, the local unit of government shall only disclose that information pursuant to a valid and enforceable subpoena or court order. This supersedes any other provision of State law that would permit or require the local unit of government to disclose that information.

(220 ILCS 5/21-1001 new)

Sec. 21-1001. Local unit of government authority.

(1) Except as expressly provided in this Article, a local unit of government shall retain all existing authority and police powers in existence on the effective date of this Article; provided, however, that that authority and police power shall not be exercised by any local unit of government in a manner that is in conflict with the purpose or provisions of this Article or that prohibits or has the effect of prohibiting the ability of any holder of a State-issued authorization to provide cable service or video service.

(2) A local unit of government shall allow the holder of a State-issued authorization to provide cable service or video service to install, construct, and maintain a cable service, video service, or communications network within a public right-of-way and shall provide the holder of a State-issued authorization to provide cable service or video service with open, comparable, nondiscriminatory, and competitively neutral access to the public right-of-way. Notwithstanding any other provisions of law, if a local unit of government is permitted by law to require the holder of a State authorization to seek a permit to install, construct, and maintain its cable service, video service, or communications network within a public right-of-way, those permits shall be deemed granted within 30 days after being submitted, if not otherwise acted upon by the local unit of government.

(3) A local unit of government may not discriminate against the holder of a State-issued authorization to provide cable service or video service for any of the following:

(a) The authorization or placement of a cable service, video service, or communications network in public rights-of-way.

(b) Access to a building.

(c) A local unit of government utility pole attachment.

(4) A local unit of government may impose on a competitive video service provider a permit fee only to the extent it imposes such a fee on incumbent cable operators, and any fee may not exceed the actual, direct costs incurred by the local unit of government for issuing the relevant permit. In no event may a fee under this Section be levied if the competitive video service provider already has paid a permit fee of any kind in connection with the same activity that would otherwise be covered by the permit fee under this Section or is otherwise authorized by law or contract to place the facilities used by the competitive video service provider in the public rights-of-way or for general revenue purposes.

(5) Nothing in this Article shall affect the rights that any holder has under Section 4 of the Telephone Line Right of Way Act (220 ILCS 65/4).

(220 ILCS 5/21-1101 new)

Sec. 21-1101. Requirements to provide video services.

(1) The holder of a State-issued authorization shall not deny access to cable service or video service to any potential residential subscribers because of the race or income of the residents in the local area in which the group resides.

(2) It is a defense to an alleged violation of subsection (1) if the holder of the State-issued authorization has met any of the following conditions:

(a) 3 years have not expired since the issuance of the State authorization.

(b) 3 years after the date the holder of the State-issued authorization began providing cable service or video service in the local area, at least 25% of households with access to the holder's cable service or video service are low-income households.

(c) Beginning 5 years after the date the holder of the State-issued authorization began providing cable service or video service in the local area, at least 30% of the households with access to the holder's cable service or video service are low-income households.

(3) If the holder of a State-issued authorization is: (i) using telecommunications facilities to provide cable service or video service in this State; and (ii) has more than 1,000,000 telecommunications access lines in this State, the holder shall provide access to its cable service or video service to a number of households equal to at least 20% of the households in the holder's telecommunications service area in the State within 3 years after the date it began providing cable service or video service under this Article and to a number not less than 40% of these households within 6 years. The holder of a State-issued authorization is not required to meet the 40% requirement in this subsection until 2 years after at least 30% of the households with access to the holder's video service subscribe to the service for 6 consecutive months.

(4) The holder of a State-issued authorization may satisfy the requirements of this Section through the use of direct-to-home satellite service or another alternative technology that offers service, functionality, and content that is demonstrably similar to that provided through the holder's cable service or video service system.

(5) The holder of a State-issued authorization may apply to the Commission, for a waiver of or for an extension of time to meet the requirements of subsection (3) of this Section, if one or more of the following apply:

(a) The inability to obtain access to public and private rights-of-way under reasonable terms and conditions.

(b) Developments or buildings not being subject to competition because of existing exclusive service arrangements.

(c) Developments or buildings being inaccessible using reasonable technical solutions under commercially reasonable terms and conditions.

(d) Natural disasters.

(e) Factors beyond the control of the video service provider.

(6) If the holder seeks a waiver or extension pursuant to subsection (5) of this Section, the waiver application shall state (a) what substantial effort the holder of a State-issued authorization has taken to meet the requirements of subsection (3) of this Section; (b) which portions of subsection (5) of this Section apply; and (c) the number of days it has been delayed or the requirements it cannot perform as a consequence of subsection (5). No later than 30 days after the waiver has been submitted to the Commission, the Commission shall notify the holder of the State-issued authorization whether the application is complete. If portions of the application are incomplete, the holder of the State-issued authorization shall provide the supplemental information identified in the notification from the Commission. Within 30 days after receiving a completed application, the Commission shall grant the waiver or extension. If an extension is granted, the Commission shall establish a new compliance deadline consistent with the effect of such delay as described in subsection (5). If an additional period of time to perform is not practicable because of the nature of the waiver as described in subsection (5), the Commission shall specify the requirements waived. In reviewing waiver applications, the Commission is subject to the provisions of Section 21-401(7) of this Article.

(7) As used in this subsection, the following definitions apply.

"Household" means consistent with the United States Census Bureau, a house, an apartment, a mobile home, a group of rooms, or a single room that is intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants live and eat separately from any other persons in the building and which have direct access from the outside of the building or through a common hall.

"Low-income household" means those residential households located within the holder's existing telephone service area where the average annual household income is less than $35,000 based on the United States Census Bureau estimates adjusted annually to reflect rates of change and distribution through January 1, 2007.

"Access" means that the holder is capable of providing cable service or video service at the household address using direct-to-home satellite service or any technology providing two-way broadband Internet capability and video programming, content, and functionality, regardless of whether any customer has ordered service or whether the owner or landlord or other responsible person has granted access to the household. If more than one technology is used, the technologies shall provide similar two-way broadband Internet accessibility and similar video programming.

Notwithstanding any other provision of this Article, the holder of a State-issued authorization using telecommunications facilities to provide cable service or video service is not obligated to provide that service outside the holder's existing telecommunications service area.

(220 ILCS 5/21-1201 new)

Sec. 21-1201. Access to property and payment for access.

(1) In any area in this State in which the Commission has granted a cable service or video service authorization pursuant to this Article, no property owner, condominium association, managing agent, lessee, or other person in possession or control of any residential building located within that area shall forbid or prevent any occupant, tenant, or lessee of any such building from receiving cable service or video service from the holder of such State-issued authorization, nor demand or accept payment from any such occupant, tenant, or lessee in any form as a condition of permitting the installation of cable service or video service facilities or the maintenance of cable service or video service in any such building or any portion thereof occupied or leased by such occupant, tenant, or lessee, nor shall any such property owner, condominium association, managing agent, lessee, or other person discriminate in rental charges or otherwise against any occupant, tenant, or lessee receiving cable service or video service; provided, however, that the owner of the building may require, in exchange and as compensation for permitting the installation of cable service or video service facilities within and upon that building, the payment of just compensation by the holder of the State-issued service authorization which provides such cable service or video service, that sum to be determined in accordance with the provisions of subsections (3) and (4) of this Section, and provided further that the holder of the State-issued authorization installing those cable service or video service facilities shall agree to indemnify the owner of the building for any damage caused by the installation, operation, or removal of the cable service or video service facilities and service. No holder of a State-issued authorization shall install cable service or video service facilities within a residential building pursuant to this subsection (1) unless an occupant, tenant, or lessee of that residential building requests the delivery of those services. In any instance in which a request for service is made by more than 3 occupants, tenants, or lessees of a residential building, the holder of a State-issued authorization may install cable service and video service facilities throughout the building in a manner that enables the holder of a State-issued authorization to provide cable services or video services to occupants, tenants, or lessees of other residential units without requiring the installation of additional cable service or video service facilities other than within the residential units occupied by such other occupants, tenants or lessees.

(2) Any area in this State in which the Commission has granted a cable service or video service authorization pursuant to this Article, no property owner, condominium association, managing agent, lessee, or other person in possession and control of any improved or unimproved real estate located within such area shall forbid or prevent the holder of a State-issued authorization from entering upon that real estate for the purpose of and in connection with the construction or installation of that cable service or video service facilities, nor shall any such property owner, condominium association, managing agent, lessee, or other person in possession or control of that real estate forbid or prevent the holder of a State-issued authorization from constructing or installing upon, beneath, or over the real estate, including any buildings or other structures located thereon, hardware, cable, fiber, equipment, materials, or other cable service or video service facilities used by the holder of a State-issued authorization in the construction and installation of those cable service or video service facilities; provided, however, that the owner of any such real estate may require, in exchange and as compensation for permitting the construction or installation of cable service or video service facilities upon, beneath, or over such real estate, the payment of just compensation by the holder of a State-issued authorization which provides that cable service or video service, that sum to be determined in accordance with the provisions of subsections (3) and (4) of this Section, and provided further that the holder of a State-issued authorization constructing or installing those cable service or video service facilities shall agree to indemnify the owner of the real estate for any damage caused by the installation, operation, or removal of the cable service or video service facilities and service.

(3) In any instance in which the owner of a residential building or the owner of improved or unimproved real estate intends to require the payment of just compensation in excess of $1 in exchange for permitting the installation of cable service or video service facilities in and upon such building, or upon, beneath, or over such real estate, the owner shall serve written notice thereof upon the holder of the State-issued authorization. Any such notice shall be served within 20 days after the date on which the owner is notified of the holder's intention to construct or install cable service or video service facilities in and upon such building, or upon, beneath or over such real estate. Unless timely notice as provided in this subsection (3) is given by the owner to the holder of the State-issued authorization, it shall be conclusively presumed that the owner of any such building or real estate does not claim or intend to require a payment of more than $1 in exchange and as just compensation for permitting the installation of cable service or video service facilities within and upon the building, or upon, beneath, or over the real estate. In any instance in which the holder of the State-issued authorization intends to install cable service or video service facilities as herein provided, written notice of that intention shall be sent by the holder of the State-issued authorization to the property owner or to such person, association, or managing agent as shall have been appointed or otherwise designated to manage or operate the property. The notice shall include the address of the property, the name of the holder of the State-issued authorization, and information as to the time within which the owner may give notice, demand payment as just compensation, and initiate legal proceedings as provided in this subsection (3) and subsection (4). In any instance in which the holder of the State-issued authorization intends to install cable service or video service facilities within a residential building containing 12 or more residential units or upon, beneath, or over real estate that is used as a site for 12 or more manufactured housing units, 12 or more mobile homes, or a combination of 12 or more manufactured housing units and mobile homes, the written notice shall further provide that the property owner may require that the holder of the State-issued authorization submit to the owner written plans identifying the manner in which cable service or video service facilities are to be installed, including the proposed location of those facilities. Approval of those plans by the property owner shall not be unreasonably withheld and the owners' consent to and approval of the plans shall be presumed unless, within 30 days after receipt thereof, or in the case of a condominium association, 90 days after receipt thereof, the property owner identifies in writing the specific manner in which the plans deviate from generally accepted construction or safety standards, and unless the property owner contemporaneously submits an alternative construction plan providing for the installation of cable service or video service facilities in an economically feasible manner. The holder of the State-issued authorization may proceed with the plans originally submitted if an alternative plan is not submitted by the property owner within 30 days, or in the case of a condominium association, 90 days, or if an alternative plan submitted by the property owner fails to comply with generally accepted construction and safety standards or does not provide for the installation of cable television or cable service or video service facilities in an economically feasible manner. For purposes of this subsection, "mobile home" and "manufactured housing unit" have the same meaning ascribed to those terms in the Illinois Manufactured Housing and Mobile Home Safety Act.

(4) Any owner of a residential building described in subsection (1), and any owner of improved or unimproved real estate described in subsection (2), who shall have given timely written notice to the holder of the State-issued authorization as provided in subsection (3), may assert a claim for just compensation in excess of $1 for permitting the installation of cable service or video service facilities within and upon such building, or upon, beneath, or over such real estate. Within 30 days after notice has been given in accordance with subsection (3), the owner shall advise the holder of the State-issued authorization in writing of the amount claimed as just compensation. If within 60 days after the receipt of the owner's claim, the holder of the State-issued authorization has not agreed to pay the amount claimed or some other amount acceptable to the owner, the owner may bring suit to enforce the claim for just compensation in any court of competent jurisdiction and, upon timely demand, may require that the amount of just compensation be determined by a jury. Any such action shall be commenced within 6 months after the notice given by the holder of the State-issued authorization pursuant to subsection (3). In any action brought to determine that amount, the owner may submit evidence of a decrease in the fair market value of the property occasioned by the installation or location of the cable service or video service facilities on the property, that the owner has a specific alternative use for the space occupied by cable service or video service facilities, the loss of which will result in a monetary loss to the owner, or that installation of cable service or video service facilities within and upon such building or upon, beneath or over such real estate otherwise substantially interferes with the use and occupancy of that building to an extent that causes a decrease in the fair market value of the building or real estate.

(5) Neither the giving of a notice by the owner under subsection (3), nor the assertion of a specific claim, nor the initiation of legal action to enforce such claim, as provided under subsection (4), shall delay or impair the right of the holder of the State-issued authorization to construct or install cable service or video service facilities within or upon any building described in subsection (1) or upon, beneath, or over real estate described in subsection (2).

(6) Notwithstanding the foregoing, no holder of a State-issued authorization shall enter upon any real estate or rights of way in the possession or control of any other public utility, railroad, or owner or operator of an oil, petroleum product, chemical, or gas pipeline to install or remove cable service or video service facilities or to provide underground maintenance or repair services with respect thereto, prior to delivery to such public utility, railroad, or pipeline owner or operator of written notice of intent to enter, install, maintain, or remove. No entry shall be made until at least 15 business days after receipt of the written notice. The written notice, which shall be delivered to the registered agent of such public utility, railroad, or pipeline owner or operator, shall include the following information:

(a) The date of the proposed installation, maintenance, repair, or removal and projected length of time required to complete the installation, maintenance, repair, or removal;

(b) The manner and method of the installation, maintenance, repair, or removal;

(c) The location of the proposed entry and path of cable service or video service facilities proposed to be placed, repaired, maintained, or removed upon the real estate or right of way; and

(d) The written agreement of the holder of the State-issued authorization to indemnify and hold harmless such public utility, railroad, or pipeline owner or operator from the costs of any damages directly or indirectly caused by the installation, maintenance, repair, operation, or removal of cable service or video service facilities. Upon request of the public utility, railroad, or owner or operator of an oil, petroleum product, chemical, or gas pipeline, the holder of the State-issued authorization shall provide proof that it has purchased and will maintain a policy or policies of insurance in amounts sufficient to provide coverage for personal injury and property damage losses caused by or resulting from the installation, maintenance, repair, or removal of cable service or video service facilities. The written agreement shall provide that the holder of the State-issued authorization shall maintain such policies of insurance in full force and effect as long as cable service or video service facilities remain on the real estate or right of way.

Within 15 business days after receipt of the written prior notice of entry the public utility, railroad, or pipeline owner or operator shall investigate and determine whether or not the proposed entry and installation or repair, maintenance, or removal would create a dangerous condition threatening the safety of the public or the safety of its employees or threatening to cause an interruption of the furnishing of vital transportation, utility, or pipeline services and upon so finding shall so notify the holder of the State-issued authorization of that decision in writing. Initial determination of the existence of such a dangerous condition or interruption of services shall be made by the public utility, railroad, or pipeline owner or operator whose real estate or right of way is involved. In the event that the holder of the State-issued authorization disagrees with such determination, a determination of whether the entry and installation, maintenance, repair, or removal would create such a dangerous condition or interrupt services shall be made by a court of competent jurisdiction upon the application of the holder of the State-issued authorization. An initial written determination of a public utility, railroad, or pipeline owner or operator timely made and transmitted to the holder of the State-issued authorization, in the absence of a determination by a court of competent jurisdiction finding to the contrary, bars the entry of the holder of the State-issued authorization upon the real estate or right of way for any purpose.

Any public utility, railroad, or pipeline owner or operator may assert a written claim against any holder of the State-issued authorization for just compensation within 30 days after written notice has been given in accordance with this subsection (6). If, within 60 days after the receipt of such claim for compensation, the holder of the State-issued authorization has not agreed to the amount claimed or some other amount acceptable to the public utility, railroad, or pipeline owner or operator, the public utility, railroad, or pipeline owner or operator may bring suit to enforce the claim for just compensation in any court of competent jurisdiction and, upon timely demand, may require that the amount of just compensation be determined by a jury. Any such action shall be commenced within 6 months after the notice provided for in this subsection (6). In any action brought to determine such just compensation, the public utility, railroad, or pipeline owner or operator may submit such evidence as may be relevant to the issue of just compensation. Neither the assertion of a claim for compensation nor the initiation of legal action to enforce the claim shall delay or impair the right of the holder of the State-issued authorization to construct or install cable service or video service facilities upon any real estate or rights of way of any public utility, railroad, or pipeline owner or operator.

To the extent that the public utility, railroad, or owner or operator of an oil, petroleum product, chemical, or gas pipeline deems it appropriate to supervise, monitor, or otherwise assist the holder of the State-issued authorization in connection with the installation, maintenance, repair, or removal of cable service or video service facilities upon such real estate or rights of way, the holder of the State-issued authorization shall reimburse the public utility, railroad, or owner or operator of an oil, petroleum product, chemical, or gas pipeline for costs reasonable and actually incurred in connection therewith.

The provisions of this subsection (6) shall not be applicable to any easements, rights-of-way, or ways for public service facilities in which public utilities, other than railroads, have any interest pursuant to the Plat Act and all ordinances enacted pursuant thereto. Such easements, rights-of-way, and ways for public service facilities are hereby declared to be apportionable and upon written request by a holder of a State-issued authorization, public utilities shall make such easements, rights-of-way, and ways for public service facilities available for the construction, maintenance, repair, or removal of cable service or video service facilities provided that the construction, maintenance, repair, or removal does not create a dangerous condition threatening the safety of the public or the safety of the public utility employees or threatening to cause an interruption of the furnishing of vital utility service. Initial determination of the existence of such a dangerous condition or interruption of services shall be made by the public utility whose easement, right-of-way, or way for public service facility is involved. If the holder of the State-issued authorization disagrees with that determination, a determination of whether the construction, maintenance, repair, or removal would create such a dangerous condition or threaten to interrupt vital utility services shall be made by a court of competent jurisdiction upon the application of the holder of the State-issued authorization.

If a municipality or county notifies or a municipality or county requires a developer to notify a public utility before or after issuing a permit or other authorization for the construction of residential buildings, then the municipality, county, or developer shall, at the same time, similarly notify any holder of a State-issued authorization within that municipality or county.

In addition to such other notices as may be required by this subsection (6), a holder of a State-issued authorization shall not enter upon the real estate or rights-of-way of any other public utility, railroad, or pipeline owner or operator for the purposes of above ground maintenance or repair of its cable service or video service facilities without giving 96 hours prior written notice to the registered agent of the public utility, railroad, or pipeline owner or operator involved, or in the case of a public utility, notice may be given through the statewide one-call notice system provided for by General Order of the Illinois Commerce Commission or, if in Chicago, through the system known as the Chicago Utility Alert Network.

(220 ILCS 5/21-1301 new)

Sec. 21-1301. Home rule.

(a) It is declared to be the law of this State, pursuant to paragraph (h) of Section 6 of Article VII of the Illinois Constitution, that the establishment of standards and procedures for, and the granting of, all cable service and video service authorizations after the effective date of, and as provided in, this Article are exclusive State powers and functions that may not be exercised by a home rule unit.

(b) With respect to the other provisions of this Article that are not subject to subsection (a), a home rule unit may not impose restrictions or limitations that are inconsistent with those other provisions of this Article. This subsection is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(220 ILCS 5/21-1401 new)

Sec. 21-1401. This Article shall be enforced only by a court of competent jurisdiction.

Section 90. The Illinois Administrative Procedure Act is amended by changing Section 1-5 as follows:

(5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)

Sec. 1-5. Applicability.

(a) This Act applies to every agency as defined in this Act. Beginning January 1, 1978, except as otherwise set forth in this Act, in case of conflict between the provisions of this Act and the Act creating or conferring power on an agency, this Act shall control. If, however, an agency (or its predecessor in the case of an agency that has been consolidated or reorganized) has existing procedures on July 1, 1977, specifically for contested cases or licensing, those existing provisions control, except that this exception respecting contested cases and licensing does not apply if the Act creating or conferring power on the agency adopts by express reference the provisions of this Act. Where the Act creating or conferring power on an agency establishes administrative procedures not covered by this Act, those procedures shall remain in effect.

(b) The provisions of this Act do not apply to (i) preliminary hearings, investigations, or practices where no final determinations affecting State funding are made by the State Board of Education, (ii) legal opinions issued under Section 2-3.7 of the School Code, (iii) as to State colleges and universities, their disciplinary and grievance proceedings, academic irregularity and capricious grading proceedings, and admission standards and procedures, and (iv) the class specifications for positions and individual position descriptions prepared and maintained under the Personnel Code. Those class specifications shall, however, be made reasonably available to the public for inspection and copying. The provisions of this Act do not apply to hearings under Section 20 of the Uniform Disposition of Unclaimed Property Act.

(c) Section 5-35 of this Act relating to procedures for rulemaking does not apply to the following:

(1) Rules adopted by the Pollution Control Board that, in accordance with Section 7.2 of the Environmental Protection Act, are identical in substance to federal regulations or amendments to those regulations implementing the following: Sections 3001, 3002, 3003, 3004, 3005, and 9003 of the Solid Waste Disposal Act; Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; Sections 307(b), 307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal Water Pollution Control Act; and Sections 1412(b), 1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking Water Act.

(2) Rules adopted by the Pollution Control Board that establish or amend standards for the emission of hydrocarbons and carbon monoxide from gasoline powered motor vehicles subject to inspection under Section 13A-105 of the Vehicle Emissions Inspection Law and rules adopted under Section 13B-20 of the Vehicle Emissions Inspection Law of 1995.

(3) Procedural rules adopted by the Pollution Control Board governing requests for exceptions under Section 14.2 of the Environmental Protection Act.

(4) The Pollution Control Board's grant, pursuant to an adjudicatory determination, of an adjusted standard for persons who can justify an adjustment consistent with subsection (a) of Section 27 of the Environmental Protection Act.

(5) Rules adopted by the Pollution Control Board that are identical in substance to the regulations adopted by the Office of the State Fire Marshal under clause (ii) of paragraph (b) of subsection (3) of Section 2 of the Gasoline Storage Act.

(d) Pay rates established under Section 8a of the Personnel Code shall be amended or repealed pursuant to the process set forth in Section 5-50 within 30 days after it becomes necessary to do so due to a conflict between the rates and the terms of a collective bargaining agreement covering the compensation of an employee subject to that Code.

(e) Section 10-45 of this Act shall not apply to any hearing, proceeding, or investigation conducted under Section 13-515 of the Public Utilities Act.

(f) Article 10 of this Act does not apply to any hearing, proceeding, or investigation conducted by the State Council for the State of Illinois created under Section 3-3-11.05 of the Unified Code of Corrections or by the Interstate Commission Commision for Adult Offender Supervision created under the Interstate Compact for Adult Offender Supervision.

(g) This Act is subject to the provisions of Article XXI of the Public Utilities Act. To the extent that any provision of this Act conflicts with the provisions of that Article XXI, the provisions of that Article XXI control.

(Source: P.A. 92-571, eff. 6-26-02; revised 7-25-02.)

Section 91. The State Mandates Act is amended by adding Section 8.31 as follows:

(30 ILCS 805/8.31 new)

Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 95th General Assembly.

Section 92. The Counties Code is amended by adding Section 5-1096.5 as follows:

(55 ILCS 5/5-1096.5 new)

Sec. 5-1096.5. Cable and video competition. This Act is subject to the provisions of Article XXI of the Public Utilities Act. To the extent that any provision of this Act conflicts with the provisions of that Article XXI, the provisions of that Article XXI control.

Section 93. The Illinois Municipal Code is amended by adding Section 11-42-11.2 as follows:

(65 ILCS 5/11-42-11.2 new)

Sec. 11-42-11.2. Cable and video competition. This Act is subject to the provisions of Article XXI of the Public Utilities Act. To the extent that any provision of this Act conflicts with the provisions of that Article XXI, the provisions of that Article XXI control.

Section 94. The Eminent Domain Act is amended by changing Section 15-5-25 and by adding Section 90-5-25 as follows:

(735 ILCS 30/15-5-25)

Sec. 15-5-25. Eminent domain powers in ILCS Chapters 205 through 430. The following provisions of law may include express grants of the power to acquire property by condemnation or eminent domain:

(220 ILCS 5/8-509); Public Utilities Act; public utilities; for construction of certain improvements.

(220 ILCS 5/21-1201); Public Utilities Act; holders of State issued authorizations; for cable service or video service. (220 ILCS 15/1); Gas Storage Act; corporations engaged in the distribution, transportation, or storage of natural gas or manufactured gas; for their operations.

(220 ILCS 15/2 and 15/6); Gas Storage Act; corporations engaged in the distribution, transportation, or storage of natural gas or manufactured gas; for use of an underground geological formation for gas storage.

(220 ILCS 30/13); Electric Supplier Act; electric cooperatives; for general purposes.

(220 ILCS 55/3); Telegraph Act; telegraph companies; for telegraph lines.

(220 ILCS 65/4); Telephone Company Act; telecommunications carriers; for telephone company purposes.

(225 ILCS 435/23); Ferries Act; ferry operators; for a landing, ferryhouse, or approach.

(225 ILCS 440/9); Highway Advertising Control Act of 1971; Department of Transportation; for removal of signs adjacent to highways.

(310 ILCS 5/6 and 5/38); State Housing Act; housing corporations; for general purposes.

(310 ILCS 10/8.3); Housing Authorities Act; housing authorities; for general purposes.

(310 ILCS 10/8.15); Housing Authorities Act; housing authorities; for implementation of conservation plans and demolition.

(310 ILCS 10/9); Housing Authorities Act; housing authorities; for general purposes.

(310 ILCS 20/5); Housing Development and Construction Act; housing authorities; for development or redevelopment.

(310 ILCS 35/2); House Relocation Act; political subdivisions and municipal corporations; for relocation of dwellings for highway construction.

(315 ILCS 5/14); Blighted Areas Redevelopment Act of 1947; land clearance commissions; for redevelopment projects.

(315 ILCS 10/5); Blighted Vacant Areas Development Act of 1949; State of Illinois; for housing development.

(315 ILCS 20/9 and 20/42); Neighborhood Redevelopment Corporation Law; neighborhood redevelopment corporations; for general purposes. (315 ILCS 25/4 and 25/6); Urban Community Conservation Act; municipal conservation boards; for conservation areas.

(315 ILCS 30/12); Urban Renewal Consolidation Act of 1961; municipal departments of urban renewal; for blighted area redevelopment projects.

(315 ILCS 30/20 and 30/22); Urban Renewal Consolidation Act of 1961; municipal departments of urban renewal; for implementing conservation areas.

(315 ILCS 30/24); Urban Renewal Consolidation Act of 1961; municipal departments of urban renewal; for general purposes.

(415 ILCS 95/6); Junkyard Act; Department of Transportation; for junkyards or scrap processing facilities.

(420 ILCS 35/1); Radioactive Waste Storage Act; Illinois Emergency Management Agency; for radioactive by-product and waste storage.

(Source: P.A. 94-1055, eff. 1-1-07.)

(735 ILCS 30/90-5-25 new)

Sec. 90-5-25. Cable and video competition. This Act is subject to the provisions of Article XXI of the Public Utilities Act. To the extent that any provision of this Act conflicts with the provisions of that Article XXI, the provisions of that Article XXI control.

Section 99. Effective date. This Act takes effect upon becoming law.