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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2337
Introduced 1/28/2004, by John J. Cullerton SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/5-1095 |
from Ch. 34, par. 5-1095 |
65 ILCS 5/11-42-11 |
from Ch. 24, par. 11-42-11 |
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Amends the Counties Code and the Illinois Municipal Code. Makes technical changes in Sections concerning community television systems.
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A BILL FOR
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SB2337 |
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LRB093 16091 MKM 41717 b |
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| AN ACT concerning cable television.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing Section |
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| 5-1095 as follows:
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| (55 ILCS 5/5-1095) (from Ch. 34, par. 5-1095)
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| Sec. 5-1095. Community antenna television systems; |
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| satellite
transmitted television programming. |
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| (a) The County Board may license,
tax , or franchise the |
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| business of operating a community antenna television
system or |
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| systems within the County and outside of a municipality, as
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| defined in Section 1-1-2 of the Illinois Municipal Code.
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| When an area is annexed to a municipality, the annexing |
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| municipality
becomes
shall thereby become the franchising |
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| authority with respect to that portion
of any community antenna |
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| television system that, immediately before
annexation, had |
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| provided cable television services within the annexed area
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| under a franchise granted by the county, and the owner of that |
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| community
antenna television system is authorized
shall |
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| thereby be authorized to provide cable
television services |
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| within the annexed area under the terms and provisions
of the |
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| existing franchise. In that instance, the franchise shall |
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| remain in
effect until, by its terms, it expires, except that |
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| any franchise fees
payable under the franchise shall be payable |
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| only to the county for a
period of 5 years or until, by its |
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| terms, the franchise expires, whichever
occurs first. After the |
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| 5 year period, any franchise fees payable under
the franchise |
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| shall be paid to the annexing municipality. In any
instance in |
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| which a duly franchised community antenna television system is
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| providing cable television services within the annexing |
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| municipality at the
time of annexation, the annexing |
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| municipality may permit that
franchisee to extend its community |
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SB2337 |
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LRB093 16091 MKM 41717 b |
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| antenna television system to the annexed
area under terms and |
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| conditions that are no more burdensome nor less
favorable to |
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| that franchisee than those imposed under any community antenna
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| television franchise applicable to the annexed area at the time |
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| of annexation.
The authorization to extend cable television |
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| service to the annexed area and
any community antenna |
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| television system authorized to provide cable television
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| services within the annexed area at the time of annexation |
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| shall not be subject
to the provisions of subsection (e) of |
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| this Section.
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| (b) "Community antenna television system" as used in this |
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| Section, means
any facility which is constructed in whole or in |
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| part in, on, under or
over any highway or other public place |
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| and which is operated to perform
for hire the service of |
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| receiving and amplifying the signals broadcast
by one or more |
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| television stations and redistributing such signals by
wire, |
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| cable or other means to members of the public who subscribe to
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| such service except that such term does not include (i) any |
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| system which
serves fewer than 50 subscribers or (ii) any |
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| system which serves only
the residents of one or more apartment |
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| dwellings under common ownership,
control or management, and |
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| commercial establishments located on the
premises of such |
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| dwellings.
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| (c) The authority hereby granted does not include the |
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| authority to
license or franchise telephone companies subject |
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| to the jurisdiction of
the Illinois Commerce Commission or the |
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| Federal Communications
Commission in connection with |
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| furnishing circuits, wires, cables or
other facilities to the |
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| operator of a community antenna television
system.
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| The County Board may, in the course of franchising such |
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| community antenna
television system, grant to such franchisee |
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| the authority and the right
and permission to use all public |
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| streets, rights of way, alleys, ways for
public service |
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| facilities, parks, playgrounds, school grounds, or other
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| public grounds, in which such county may have an interest, for |
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| the
construction, installation, operation, maintenance, |
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SB2337 |
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LRB093 16091 MKM 41717 b |
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| alteration, addition,
extension or improvement of a community |
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| antenna television system.
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| Any charge imposed by a community antenna television system |
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| franchised
pursuant to this Section for the raising or removal |
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| of cables or lines to
permit passage on, to or from a street |
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| shall not exceed the reasonable
costs of work reasonably |
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| necessary to safely permit such passage. Pursuant
to |
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| subsections (h) and (i) of Section 6 of Article VII of the |
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| Constitution
of the State of Illinois, the General Assembly |
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| declares the regulation of
charges which may be imposed by |
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| community antenna television systems for
the raising or removal |
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| of cables or lines to permit passage on, to or from
streets is |
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| a power or function to be exercised exclusively by the State |
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| and
not to be exercised or performed concurrently with the |
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| State by any unit of
local government, including any home rule |
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| unit.
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| The County Board may, upon written request by the |
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| franchisee of a community
antenna television system, exercise |
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| its right of eminent domain solely for
the purpose of granting |
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| an easement right no greater than 8 feet in width,
extending no |
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| greater than 8 feet from any lot line for the purpose of
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| extending cable across any parcel of property in the manner |
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| provided for by
the law of eminent domain, provided, however, |
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| such franchisee deposits with
the county sufficient security to |
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| pay all costs incurred by the county in
the exercise of its |
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| right of eminent domain.
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| Except as specifically provided otherwise in this Section, |
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| this
Section is not a limitation on any home rule county.
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| (d) The General Assembly finds and declares that |
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| satellite-transmitted
television programming should be |
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| available to those who desire to subscribe
to such programming |
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| and that decoding devices should be obtainable at
reasonable |
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| prices by those who are unable to obtain satellite-transmitted
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| television programming through duly franchised community |
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| antenna television
systems.
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| In any instance in which a person is unable to obtain
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SB2337 |
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LRB093 16091 MKM 41717 b |
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| satellite-transmitted television programming through a duly |
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| franchised
community antenna television system either because |
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| the municipality and
county in which such person resides has |
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| not granted a franchise to operate
and maintain a community |
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| antenna television system, or because the duly
franchised |
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| community antenna television system operator does not make |
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| cable
television services available to such person, any |
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| programming company that
delivers satellite-transmitted |
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| television programming in scrambled or
encrypted form shall |
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| ensure that devices for decryption of such programming
are made |
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| available to such person, through the local community antenna
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| television operator or directly, for purchase or lease at |
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| prices reasonably
related to the cost of manufacture and |
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| distribution of such devices.
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| (e) The General Assembly finds and declares that, in order |
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| to ensure that
community antenna television services are |
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| provided in an orderly,
competitive and economically sound |
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| manner, the best interests of the public
will be served by the |
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| establishment of certain minimum standards and
procedures for |
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| the granting of additional cable television franchises.
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| Subject to the provisions of this subsection, the authority
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| granted under subsection (a) hereof shall include the authority |
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| to license,
franchise and tax more than one cable operator to |
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| provide community antenna
television services within the |
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| territorial limits of a single franchising
authority. For |
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| purposes of this subsection (e), the term:
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| (i) "Existing cable television franchise" means a |
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| community antenna
television franchise granted by a county |
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| which is in use at the time
such county receives an |
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| application or request by another cable
operator for a |
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| franchise to provide cable antenna television services
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| within all or any portion of the territorial area which is |
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| or may be served
under the existing cable television |
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| franchise.
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| (ii) "Additional cable television franchise" means a |
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| franchise pursuant
to which community antenna television |
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SB2337 |
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LRB093 16091 MKM 41717 b |
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| services may be provided within the
territorial areas, or |
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| any portion thereof, which may be served under an
existing |
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| cable television franchise.
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| (iii) "Franchising Authority" is defined as that term |
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| is defined under
Section 602(9) of the Cable Communications |
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| Policy Act of 1984, Public Law
98-549.
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| (iv) "Cable operator" is defined as that term is |
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| defined under Section
602(4) of the Cable Communications |
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| Policy Act of 1984, Public Law 98-549.
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| Before granting an additional cable television franchise, |
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| the franchising
authority shall:
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| (1) Give written notice to the owner or operator of any |
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| other community
antenna television system franchised to |
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| serve all or any portion of the
territorial area to be |
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| served by such additional cable television
franchise, |
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| identifying the applicant for such additional franchise |
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| and
specifying the date, time and place at which the |
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| franchising authority
shall conduct public hearings to |
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| consider and determine whether such
additional cable |
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| television franchise should be granted.
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| (2) Conduct a public hearing to determine the public |
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| need for such
additional cable television franchise, the |
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| capacity of public rights-of-way
to accommodate such |
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| additional community antenna television services, the
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| potential disruption to existing users of public |
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| rights-of-way to be used
by such additional franchise |
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| applicant to complete construction and to
provide cable |
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| television services within the proposed franchise area, |
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| the
long term economic impact of such additional cable |
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| television system within
the community, and such other |
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| factors as the franchising authority shall
deem |
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| appropriate.
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| (3) Determine, based upon the foregoing factors, |
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| whether it is in the
best interest of the county to grant |
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| such additional cable
television franchise.
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| (4) If the franchising authority shall determine that |
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SB2337 |
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LRB093 16091 MKM 41717 b |
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| it is in the
best
interest
of the county to do so, it may |
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| grant the additional cable
television franchise. Except as |
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| provided in paragraph (5) of this subsection
(e), no such |
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| additional cable television
franchise shall be granted |
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| under terms or conditions more favorable or less
burdensome |
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| to the applicant than those required under the existing |
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| cable
television franchise, including but not limited to |
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| terms and conditions
pertaining to the territorial extent |
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| of the franchise, system design,
technical performance |
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| standards, construction schedules, performance bonds,
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| standards for construction and installation of cable |
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| television facilities,
service to subscribers, public |
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| educational and governmental access channels
and |
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| programming, production assistance, liability and |
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| indemnification, and
franchise fees.
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| (5) Unless the existing cable television franchise |
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| provides that any
additional cable television franchise |
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| shall be subject to the same terms or
substantially |
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| equivalent terms and conditions as those of the existing |
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| cable
television franchise, the franchising authority may |
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| grant an additional cable
television franchise under |
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| different terms and conditions than those of the
existing |
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| franchise, in which event the franchising authority shall |
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| enter into
good faith negotiations with the existing |
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| franchisee and shall, within 120 days
after the effective |
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| date of the additional cable television franchise, modify
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| the existing cable television franchise in a manner and to |
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| the extent necessary
to ensure that neither the existing |
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| cable television franchise nor the
additional cable |
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| television
franchise, each considered in its entirety, |
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| provides a competitive advantage
over the other, provided |
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| that prior to modifying the existing cable television
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| franchise, the franchising authority shall have conducted |
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| a public hearing to
consider the proposed modification.
No |
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| modification in the terms and
conditions of the existing |
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| cable television franchise shall oblige the existing
cable |
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SB2337 |
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LRB093 16091 MKM 41717 b |
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| television franchisee (1) to make any additional payment to |
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| the
franchising authority, including the payment of any |
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| additional franchise fee,
(2) to engage in any
additional |
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| construction of the existing cable television system or, |
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| (3) to
modify the specifications or design of the existing |
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| cable television system;
and the inclusion of the factors |
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| identified in items (2) and (3) shall not be
considered in |
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| determining whether either franchise considered in its |
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| entirety,
has a competitive advantage over the other except |
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| to the extent that the
additional franchisee provides |
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| additional video or data services or the
equipment or |
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| facilities necessary to generate and or carry such service.
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| No modification in the terms and
conditions of the existing |
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| cable television franchise shall be made if the
existing |
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| cable television franchisee elects to continue to operate |
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| under all
terms and conditions of the existing franchise.
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| If within the 120 day period the franchising authority |
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| and the existing
cable television franchisee are unable to |
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| reach agreement on modifications to
the existing cable |
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| television franchise, then the franchising authority shall
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| modify the existing cable television franchise, effective |
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| 45 days thereafter,
in a manner, and only to the extent, |
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| that the terms and conditions of the
existing cable |
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| television franchise shall no longer impose any duty or
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| obligation on the existing franchisee which is not also |
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| imposed under the
additional cable television franchise; |
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| however, if by the modification the
existing cable |
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| television franchisee is relieved of duties or obligations |
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| not
imposed under the additional cable television |
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| franchise, then within the same
45
days and following a |
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| public hearing concerning modification of the additional
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| cable television franchise within that 45 day period, the |
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| franchising authority
shall modify the additional cable |
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| television franchise to the extent necessary
to insure that |
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| neither the existing cable television franchise nor the
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| additional cable television franchise, each considered in |
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SB2337 |
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LRB093 16091 MKM 41717 b |
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| its entirety, shall
have a
competitive advantage over the |
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| other.
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| No county shall be subject to suit for damages based upon |
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| the
county's determination to grant or its refusal to grant an |
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| additional cable
television franchise, provided that a
public |
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| hearing as herein provided has been held and the franchising
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| authority has determined that it is in the best interest of the
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| county to grant or refuse to grant such additional franchise, |
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| as the case
may be.
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| It is declared to be the law of this State, pursuant to |
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| paragraphs (h)
and (i) of Section 6 of Article VII of the |
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| Illinois Constitution, that the
establishment of minimum |
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| standards and procedures for the granting of
additional cable |
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| television franchises as provided in this subsection (e)
is an |
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| exclusive State power and function that may not be exercised
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| concurrently by a home rule unit.
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| (Source: P.A. 90-14, eff. 7-1-97; 90-285, eff. 7-31-97.)
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| Section 10. The Illinois Municipal Code is amended by |
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| changing Section 11-42-11 as follows:
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| (65 ILCS 5/11-42-11) (from Ch. 24, par. 11-42-11)
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| Sec. 11-42-11. Community antenna television systems; |
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| satellite transmitted
television programming. (a) The |
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| corporate authorities of each municipality may
license, |
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| franchise , and tax the business of operating a community |
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| antenna
television system as hereinafter defined in this |
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| Section . In municipalities with less
than 2,000,000 |
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| inhabitants, the corporate authorities may, under the limited
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| circumstances set forth in this Section, own (or lease as
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| lessee) and operate a community antenna television system; |
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| provided that a
municipality may not acquire,
construct,
own, |
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| or operate a community antenna television system
for the use
or |
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| benefit
of private consumers or users, and may not charge a fee |
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| for that consumption or
use,
unless the proposition to acquire, |
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| construct, own, or operate a cable antenna
television system |
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SB2337 |
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LRB093 16091 MKM 41717 b |
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| has been submitted to and approved by the electors
of the |
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| municipality in accordance with subsection (f).
Before
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| acquiring, constructing, or commencing operation of a |
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| community antenna
television system, the municipality shall |
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| comply with the following:
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| (1) Give written notice to the owner or operator of any |
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| other
community antenna television system franchised to |
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| serve all or any portion
of the territorial area to be |
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| served by the municipality's community
antenna television |
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| system, specifying the date, time, and place at which
the |
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| municipality shall conduct public hearings to consider and |
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| determine
whether the municipality should acquire, |
13 |
| construct, or commence operation
of a community antenna |
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| television system. The public hearings shall be
conducted |
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| at least 14 days after this notice is given.
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| (2) Publish a notice of the hearing in 2 or more |
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| newspapers published
in the county, city, village, |
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| incorporated town, or town, as the case may
be. If there is |
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| no such newspaper, then notice shall be published in any 2
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| or more newspapers published in the county and having a |
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| general circulation
throughout the community. The public |
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| hearings shall be conducted at least
14 days after this |
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| notice is given.
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| (3) Conduct a public hearing to determine the means by |
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| which
construction, maintenance, and operation of the |
26 |
| system will be financed,
including whether the use of tax |
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| revenues or other fees will be required.
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| (b) The words "community antenna television system" shall |
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| mean any facility
which is constructed in whole or in part in, |
30 |
| on, under or over any highway
or other public place and which |
31 |
| is operated to perform for hire the service
of receiving and |
32 |
| amplifying the signals broadcast by one or more television
|
33 |
| stations and redistributing such signals by wire, cable or |
34 |
| other means to
members of the public who subscribe to such |
35 |
| service; except that such
definition shall not include (i) any |
36 |
| system which serves fewer than fifty
subscribers, or (ii) any |
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SB2337 |
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LRB093 16091 MKM 41717 b |
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| system which serves only the residents of one or
more apartment |
2 |
| dwellings under common ownership, control or management, and
|
3 |
| commercial establishments located on the premises of such |
4 |
| dwellings.
|
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| (c) The authority hereby granted does not include authority |
6 |
| to license,
franchise or tax telephone companies subject to |
7 |
| jurisdiction of the
Illinois Commerce Commission or the Federal |
8 |
| Communications Commission in
connection with the furnishing of |
9 |
| circuits, wires, cables, and other
facilities to the operator |
10 |
| of a community antenna television system.
|
11 |
| The corporate authorities of each municipality may, in the |
12 |
| course of
franchising such community antenna television |
13 |
| system, grant to such franchisee
the authority and the right |
14 |
| and permission to use all public streets, rights
of way, |
15 |
| alleys, ways for public service facilities, parks, |
16 |
| playgrounds,
school grounds, or other public grounds, in which |
17 |
| such municipality may
have an interest, for the construction, |
18 |
| installation, operation, maintenance,
alteration, addition, |
19 |
| extension or improvement of a community antenna
television |
20 |
| system.
|
21 |
| Any charge imposed by a community antenna television system |
22 |
| franchised
pursuant to this Section for the raising or removal |
23 |
| of cables or lines to
permit passage on, to or from a street |
24 |
| shall not exceed the reasonable
costs of work reasonably |
25 |
| necessary to safely permit such passage. Pursuant
to |
26 |
| subsections (h) and (i) of Section 6 of Article VII of the |
27 |
| Constitution
of the State of Illinois, the General Assembly |
28 |
| declares the regulation of
charges which may be imposed by |
29 |
| community antenna television systems for
the raising or removal |
30 |
| of cables or lines to permit passage on, to or from
streets is |
31 |
| a power or function to be exercised exclusively by the State |
32 |
| and
not to be exercised or performed concurrently with the |
33 |
| State by any unit of
local government, including any home rule |
34 |
| unit.
|
35 |
| The municipality may, upon written request by the |
36 |
| franchisee of a community
antenna television system, exercise |
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SB2337 |
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LRB093 16091 MKM 41717 b |
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1 |
| its right of eminent domain
solely for the purpose of granting |
2 |
| an easement right no greater than 8 feet
in width, extending no |
3 |
| greater than 8 feet from any lot line for the purpose
of |
4 |
| extending cable across any parcel of property in the manner |
5 |
| provided
by the law of eminent domain, provided, however, such |
6 |
| franchisee deposits
with the municipality sufficient security |
7 |
| to pay all costs incurred by the
municipality in the exercise |
8 |
| of its right of eminent domain.
|
9 |
| (d) The General Assembly finds and declares that |
10 |
| satellite-transmitted
television programming should be |
11 |
| available to those who desire to subscribe
to such programming |
12 |
| and that decoding devices should be obtainable at
reasonable |
13 |
| prices by those who are unable to obtain satellite-transmitted
|
14 |
| television programming through duly franchised community |
15 |
| antenna television
systems.
|
16 |
| In any instance in which a person is unable to obtain
|
17 |
| satellite-transmitted television programming through a duly |
18 |
| franchised
community antenna television system either because |
19 |
| the municipality and
county in which such person resides has |
20 |
| not granted a franchise to operate
and maintain a community |
21 |
| antenna television system, or because the duly
franchised |
22 |
| community antenna television system operator does not make |
23 |
| cable
television services available to such person, any |
24 |
| programming company that
delivers satellite-transmitted |
25 |
| television programming in scrambled or
encrypted form shall |
26 |
| ensure that devices for description of such programming
are |
27 |
| made available to such person, through the local community |
28 |
| antenna
television operator or directly, for purchase or lease |
29 |
| at prices reasonably
related to the cost of manufacture and |
30 |
| distribution of such devices.
|
31 |
| (e) The General Assembly finds and declares that, in order |
32 |
| to ensure that
community antenna television services are |
33 |
| provided in an orderly,
competitive and economically sound |
34 |
| manner, the best interests of the public
will be served by the |
35 |
| establishment of certain minimum standards and
procedures for |
36 |
| the granting of additional cable television franchises.
|
|
|
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SB2337 |
- 12 - |
LRB093 16091 MKM 41717 b |
|
|
1 |
| Subject to the provisions of this subsection, the authority
|
2 |
| granted under subsection (a) hereof shall include the authority |
3 |
| to license,
franchise and tax more than one cable operator to |
4 |
| provide community antenna
television services within the |
5 |
| corporate limits of a single franchising
authority. For |
6 |
| purposes of this subsection (e), the term:
|
7 |
| (i) "Existing cable television franchise" means a |
8 |
| community antenna
television franchise granted by a |
9 |
| municipality which is in use at the time
such municipality |
10 |
| receives an application or request by another cable
|
11 |
| operator for a franchise to provide cable antenna |
12 |
| television services
within all or any portion of the |
13 |
| territorial area which is or may be served
under the |
14 |
| existing cable television franchise.
|
15 |
| (ii) "Additional cable television franchise" means a |
16 |
| franchise pursuant
to which community antenna television |
17 |
| services may be provided within the
territorial areas, or |
18 |
| any portion thereof, which may be served under an
existing |
19 |
| cable television franchise.
|
20 |
| (iii) "Franchising Authority" is defined as that term |
21 |
| is defined under
Section 602(9) of the Cable Communications |
22 |
| Policy Act of 1984, Public Law
98-549, but does not include |
23 |
| any municipality with a population of 1,000,000
or more.
|
24 |
| (iv) "Cable operator" is defined as that term is |
25 |
| defined under Section
602(4) of the Cable Communications |
26 |
| Policy Act of 1984, Public Law 98-549.
|
27 |
| Before granting an additional cable television franchise, |
28 |
| the franchising
authority shall:
|
29 |
| (1) Give written notice to the owner or operator of any |
30 |
| other community
antenna television system franchised to |
31 |
| serve all or any portion of the
territorial area to be |
32 |
| served by such additional cable television
franchise, |
33 |
| identifying the applicant for such additional franchise |
34 |
| and
specifying the date, time and place at which the |
35 |
| franchising authority
shall conduct public hearings to |
36 |
| consider and determine whether such
additional cable |
|
|
|
SB2337 |
- 13 - |
LRB093 16091 MKM 41717 b |
|
|
1 |
| television franchise should be granted.
|
2 |
| (2) Conduct a public hearing to determine the public |
3 |
| need for such
additional cable television franchise, the |
4 |
| capacity of public rights-of-way
to accommodate such |
5 |
| additional community antenna television services, the
|
6 |
| potential disruption to existing users of public |
7 |
| rights-of-way to be used
by such additional franchise |
8 |
| applicant to complete construction and to
provide cable |
9 |
| television services within the proposed franchise area, |
10 |
| the
long term economic impact of such additional cable |
11 |
| television system within
the community, and such other |
12 |
| factors as the franchising authority shall
deem |
13 |
| appropriate.
|
14 |
| (3) Determine, based upon the foregoing factors, |
15 |
| whether it is in the
best interest of the municipality to |
16 |
| grant such additional cable television
franchise.
|
17 |
| (4) If the franchising authority shall determine that |
18 |
| it is in the
best
interest of the municipality to do so, it |
19 |
| may grant the additional cable
television franchise. |
20 |
| Except as provided in paragraph (5) of this subsection
(e), |
21 |
| no such additional cable television
franchise shall be |
22 |
| granted under terms or conditions more favorable or less
|
23 |
| burdensome to the applicant than those required under the |
24 |
| existing cable
television franchise, including but not |
25 |
| limited to terms and conditions
pertaining to the |
26 |
| territorial extent of the franchise, system design,
|
27 |
| technical performance standards, construction schedules, |
28 |
| performance
bonds, standards for construction and |
29 |
| installation of cable television
facilities, service to |
30 |
| subscribers, public educational and governmental
access |
31 |
| channels and programming, production assistance, liability |
32 |
| and
indemnification, and franchise fees.
|
33 |
| (5) Unless the existing cable television franchise |
34 |
| provides that any
additional cable television franchise |
35 |
| shall be subject to the same terms or
substantially |
36 |
| equivalent terms and conditions as those of the existing |
|
|
|
SB2337 |
- 14 - |
LRB093 16091 MKM 41717 b |
|
|
1 |
| cable
television franchise, the franchising authority may |
2 |
| grant an additional cable
television franchise under |
3 |
| different terms and conditions than those of the
existing |
4 |
| franchise, in which event the franchising authority shall |
5 |
| enter into
good faith negotiations with the existing |
6 |
| franchisee and shall, within 120 days
after the effective |
7 |
| date of the additional cable television franchise, modify
|
8 |
| the existing cable television franchise in a manner and to |
9 |
| the extent necessary
to ensure that neither the existing |
10 |
| cable television franchise nor the
additional cable |
11 |
| television
franchise, each considered in its entirety, |
12 |
| provides a competitive advantage
over the other, provided |
13 |
| that prior to modifying the existing cable television
|
14 |
| franchise, the franchising authority shall have conducted |
15 |
| a public hearing to
consider the proposed modification.
No |
16 |
| modification in the terms and
conditions of the existing |
17 |
| cable television franchise shall oblige the existing
cable |
18 |
| television franchisee (1) to make any additional payment to |
19 |
| the
franchising authority, including the payment of any |
20 |
| additional franchise fee,
(2) to engage in any
additional |
21 |
| construction of the existing cable television system or, |
22 |
| (3) to
modify the specifications or design of the existing |
23 |
| cable television system;
and the inclusion of the factors |
24 |
| identified in items (2) and (3) shall not be
considered in |
25 |
| determining whether either franchise considered in its |
26 |
| entirety,
has a competitive advantage over the other except |
27 |
| to the extent that the
additional franchisee provides |
28 |
| additional video or data services or the
equipment or |
29 |
| facilities necessary to generate and or carry such service.
|
30 |
| No modification in the terms and
conditions of the existing |
31 |
| cable television franchise shall be made if the
existing |
32 |
| cable television franchisee elects to continue to operate |
33 |
| under all
terms and conditions of the existing franchise.
|
34 |
| If within the 120 day period the franchising authority |
35 |
| and the existing
cable television franchisee are unable to |
36 |
| reach agreement on modifications to
the existing cable |
|
|
|
SB2337 |
- 15 - |
LRB093 16091 MKM 41717 b |
|
|
1 |
| television franchise, then the franchising authority shall
|
2 |
| modify the existing cable television franchise, effective |
3 |
| 45 days thereafter,
in a manner, and only to the extent, |
4 |
| that the terms and conditions of the
existing cable |
5 |
| television franchise shall no longer impose any duty or
|
6 |
| obligation on the existing franchisee which is not also |
7 |
| imposed under the
additional cable television franchise; |
8 |
| however, if by the modification the
existing cable |
9 |
| television franchisee is relieved of duties or obligations |
10 |
| not
imposed under the additional cable television |
11 |
| franchise, then within the same
45
days and following a |
12 |
| public hearing concerning modification of the additional
|
13 |
| cable television franchise within that 45 day period, the |
14 |
| franchising authority
shall modify the additional cable |
15 |
| television franchise to the extent necessary
to insure that |
16 |
| neither the existing cable television franchise nor the
|
17 |
| additional cable television franchise, each considered in |
18 |
| its entirety, shall
have a
competitive advantage over the |
19 |
| other.
|
20 |
| No municipality shall be subject to suit for damages based |
21 |
| upon the
municipality's determination to grant or its refusal |
22 |
| to grant an additional
cable television franchise, provided |
23 |
| that a
public hearing as herein provided has been held and the |
24 |
| franchising
authority has determined that it is in the best |
25 |
| interest of the
municipality to grant or refuse to grant such |
26 |
| additional franchise, as
the
case may be.
|
27 |
| It is declared to be the law of this State, pursuant to |
28 |
| paragraphs (h)
and (i) of Section 6 of Article VII of the |
29 |
| Illinois Constitution, that the
establishment of minimum |
30 |
| standards and procedures for the granting of
additional cable |
31 |
| television franchises by municipalities with a population
less |
32 |
| than 1,000,000 as provided in this subsection (e) is an |
33 |
| exclusive
State power and function that may not be exercised |
34 |
| concurrently by a home
rule unit.
|
35 |
| (f) No municipality may acquire, construct, own, or operate |
36 |
| a community
antenna
television system
unless the corporate |
|
|
|
SB2337 |
- 16 - |
LRB093 16091 MKM 41717 b |
|
|
1 |
| authorities adopt
an
ordinance. The ordinance must set forth |
2 |
| the action proposed; describe the
plant,
equipment, and |
3 |
| property to be acquired or constructed; and specifically
|
4 |
| describe the
manner in which the construction, acquisition, and |
5 |
| operation of the system
will
be financed.
|
6 |
| The ordinance may not take effect until the question of |
7 |
| acquiring,
construction,
owning, or operating a community |
8 |
| antenna television system
has been
submitted to the electors of |
9 |
| the municipality at a regular election and
approved by a
|
10 |
| majority of the electors voting on the question. The corporate |
11 |
| authorities
must certify the
question to the proper election |
12 |
| authority, which must submit the question at an
election in
|
13 |
| accordance with the Election Code.
|
14 |
| The question must be submitted in substantially the |
15 |
| following form:
|
16 |
| Shall the ordinance authorizing the municipality to |
17 |
| (insert action
authorized by ordinance) take effect?
|
18 |
| The votes must be recorded as "Yes" or "No".
|
19 |
| If a majority of electors voting on the question vote in |
20 |
| the affirmative, the
ordinance shall take effect.
|
21 |
| Not more than 30 or less than 15 days before the date of |
22 |
| the referendum, the
municipal clerk must publish the ordinance |
23 |
| at least once in one or more
newspapers
published in the |
24 |
| municipality or, if no newspaper is published in the
|
25 |
| municipality, in one
or more newspapers of general circulation |
26 |
| within the municipality.
|
27 |
| (Source: P.A. 90-285, eff. 7-31-97; 91-648, eff. 1-1-00.)
|