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.


LRB095 09362 MJR 31669 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB1500 LRB095 09362 MJR 31669 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Public Utilities Act is amended by adding
5 Article XXI and Sections 21-100, 21-101, 21-201, 21-301,
6 21-401, 21-501, 21-601, 21-701, 21-801, 21-901, 21-1001,
7 21-1101, 21-1201, 21-1301, and 21-1401 as follows:
 
8     (220 ILCS 5/Art. XXI heading new)
9
ARTICLE XXI. CABLE AND VIDEO COMPETITION

 
10     (220 ILCS 5/21-100 new)
11     Sec. 21-100. Short title. This Article may be cited as the
12 Cable and Video Competition Law of 2007.
 
13     (220 ILCS 5/21-101 new)
14     Sec. 21-101. Findings. With respect to cable and video
15 competition, the General Assembly finds that:
16     (a) The economy in the State of Illinois would be enhanced
17 by investment in new communications and video services
18 infrastructure, including broadband facilities, fiber optic,
19 and Internet protocol technologies.
20     (b) Cable services and video services bring important daily
21 benefits to Illinois consumers by providing news, education,

 

 

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1 and entertainment.
2     (c) Competitive video service providers are capable of
3 providing new video programming services and competition to
4 Illinois consumers.
5     (d) There has been only minimal competitive entry into the
6 facilities-based video programming market since current
7 franchising requirements in this State were enacted.
8     (e) The local authorization process and issues regarding
9 its applicability act as a barrier to entry to many new
10 facilities-based entrants because time to market and
11 reasonable cost of entry are critical for new entrants seeking
12 to compete with the cable incumbents.
13     (f) The provision of competitive cable service and video
14 service is a matter of statewide concern that extends beyond
15 the boundaries of individual local units of government.
16     (g) The State authorization process and uniform standards
17 and procedures in this Article are intended to enable rapid and
18 widespread entry by competitive providers bringing to Illinois
19 consumers the benefits of video competition and bringing to
20 this State and its local units of government the benefits of
21 new infrastructure investment, job growth, and innovation in
22 broadband and Internet protocol technologies and deployment.
 
23     (220 ILCS 5/21-201 new)
24     Sec. 21-201. Definitions. As used in this Article:
25     (a) "Cable operator" means that term as defined in 47

 

 

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1 U.S.C. 522(5).
2     (b) "Cable service" means that term as defined in 47 U.S.C.
3 522(6).
4     (c) "Cable service or video service authorization" means an
5 initial authorization issued by the Commission, regardless of
6 whether the authorization is designed as a franchise, permit,
7 license, resolution, contract, certificate, agreement, or
8 otherwise, that authorizes the construction and operation of a
9 cable system or video service provider's network in the public
10 rights-of-way to offer cable service or video service to any
11 subscriber in the State.
12     (d) "Cable system" means that term as defined in 47 U.S.C.
13 522(7).
14     (e) "Commission" means the Illinois Commerce Commission.
15     (f) "Competitive video service provider" means a person or
16 entity that is providing or seeks to provide video service, as
17 defined in subsection (n) of this Section, in the area served
18 or to be served by that video service provider. This term does
19 not include a cable operator, and a competitive video service
20 provider shall not be considered a cable operator, and the
21 facilities of a competitive video service provider shall not be
22 considered a cable system.
23     (g) "Holder" means a person or entity that has been issued
24 a cable service or video service authorization from the
25 Commission pursuant to this Article.
26     (h) "Incumbent cable operator" means a cable operator that

 

 

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1 provides cable service to subscribers in a particular franchise
2 area within a local unit of government and that serves the
3 largest number of cable subscribers in that particular
4 franchise area on the effective date of this Article.
5     (i) "Local franchising entity" means the local unit of
6 government that requires a franchise with a cable operator to
7 offer cable services.
8     (j) "Local unit of government" means a municipality, either
9 a city, village, or incorporated town, and a county, but only
10 with respect to those portions within that county and outside a
11 municipality, within whose jurisdiction the holder of a State
12 authorization under this Article may provide cable service or
13 video service.
14     (k) "Public rights-of-way" means the areas on, below, or
15 above a public roadway, highway, street, public sidewalk,
16 alley, waterway, or utility easements dedicated for compatible
17 uses.
18     (l) "Service provider fee" means the amount paid under
19 Section 21-801 of this Article by the holder of a State-issued
20 authorization pursuant to Section 21-301 of this Article.
21     (m) "Video programming" means that term as defined in 47
22 U.S.C. 522(20).
23     (n) "Video service" means video programming services
24 provided through wireline facilities located at least in part
25 in the public rights-of-way without regard to delivery
26 technology, including Internet protocol technology. This

 

 

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1 definition does not include any video programming provided by a
2 commercial mobile service provider defined in 47 U.S.C. 332(d)
3 or any video programming provided as part of, and via, a
4 service that enables users to access content, information,
5 electronic mail, or other services offered over the public
6 Internet.
 
7     (220 ILCS 5/21-301 new)
8     Sec. 21-301. Eligibility for State authorization.
9     (1) A person or entity seeking to provide cable service or
10 video service in this State after the effective date of this
11 Article shall file an application with and obtain a
12 State-issued authorization from the Commission as required by
13 this Article.
14     (2) A person or entity providing cable service or video
15 service pursuant to an agreement with a local franchising
16 entity or local unit of government is not eligible to obtain a
17 State-issued authorization under this Article with respect to
18 its current authority until the agreement expires, except as
19 provided in subsections (3) and (4). Upon expiration of its
20 current agreement, an incumbent cable operator not subject to
21 subsections (3) and (4) shall obtain State authorization from
22 the Commission pursuant to this Article and shall be subject to
23 the provisions of this Article.
24     (3) A person or entity providing cable service or video
25 service that is not the incumbent cable operator may elect to

 

 

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1 terminate its agreement with the local franchising entity or
2 local unit of government and obtain a State-issued
3 authorization by providing written notice to the Commission and
4 the affected local franchising entity or local unit of
5 government within 90 days after the effective date of this
6 Article. The existing agreement is terminated on the date that
7 the Commission issues the State-issued authorization.
8     (4) A person or entity providing cable service or video
9 service that is not the incumbent cable operator in a
10 particular franchise area and that elects under subsection (3)
11 to terminate an existing agreement with a local franchising
12 entity or local unit of government is responsible for remitting
13 to the affected franchising authority or local unit of
14 government before the 91st day after the date the agreement is
15 terminated any accrued but unpaid fees due under the terminated
16 agreement. If that person or entity has credit remaining from
17 prepaid franchise fees, that person or entity may deduct the
18 amount of the remaining credit from any future fees or taxes it
19 must pay to the local franchising authority or local unit of
20 government.
21     (5) For purposes of this Article, Section 11-42-11 of the
22 Illinois Municipal Code (65 ILCS 5/11-42-11), Section 5-1095 of
23 the Counties Code (55 ILCS 5/5-1095), or 47 U.S.C. 521 et seq.,
24 the Commission shall be the sole franchising authority for
25 cable service or video service in this State. Neither the
26 Commission nor any local unit of government may require a

 

 

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1 person or entity that is eligible for and has applied for a
2 State-issued authorization to obtain a separate franchise or
3 otherwise impose or collect any fee on cable service or video
4 service or franchise requirement except as provided under this
5 Article. For purposes of this subsection, such fee or franchise
6 requirement includes, without limitation, any provision
7 regulating rates charged by that person or entity or requiring
8 that person or entity to satisfy any build-out requirements or
9 to deploy any facilities or equipment.
10     (6) Any person or entity that is subject to subsection (1)
11 or elects pursuant to subsections (3) and (4) to be subject to
12 the provisions of this Article shall not be subject to Section
13 11-42-11 of the Illinois Municipal Code (65 ILCS 5/11-42-11) or
14 Section 5-1095 of the Counties Code (55 ILCS 5/5-1095).
 
15     (220 ILCS 5/21-401 new)
16     Sec. 21-401. Applications.
17     (1) A person or entity that is eligible and seeks to
18 provide cable service or video service in this State may at any
19 time after the effective date of this Article file an
20 application for cable service or video service authorization
21 with the Commission as required by this Section. A person or
22 entity providing cable service or video service under an
23 existing agreement with a local franchising entity or local
24 unit of government is not subject to this Section with respect
25 to the local franchising entity or local unit of government for

 

 

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1 the area covered by that existing agreement until the agreement
2 expires or it elects pursuant to Section 21-301 (1), (3), and
3 (4) to obtain an authorization from the Commission.
4     (2) The application shall contain a completed affidavit
5 submitted by the applicant and signed by an officer or general
6 partner of the applicant affirming all of the following:
7         (a) That the applicant has filed or will timely file
8     with the Federal Communications Commission all forms
9     required by that agency in advance of offering cable
10     service or video service in this State.
11         (b) That the applicant agrees to comply with all
12     applicable federal and State statutes and regulations.
13         (c) That the applicant agrees to comply with all local
14     unit of government regulations that are applicable and
15     enforceable under Section 21-1001 of this Article
16     regarding the use and occupation of public rights-of-way in
17     the delivery of the cable service or video service.
18         (d) A general description of the cable or video service
19     area footprint to be served.
20         (e) The location of the applicant's principal place of
21     business and the names of the applicant's principal
22     executive officers.
23     (3) If an application contains information that is
24 designated as confidential and proprietary by the applicant,
25 the Commission shall only disclose that information pursuant to
26 a valid and enforceable subpoena or court order. This Article

 

 

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1 supersedes any other provision of State law that would permit
2 or require the Commission to disclose such information.
3     (4) The Commission shall notify an applicant for a cable
4 service or video service authorization whether the applicant's
5 application and affidavit are complete on or before the 15th
6 day after the applicant submits the application. If the
7 application and affidavit are not complete, the Commission
8 shall state in its notice all of the reasons the application or
9 affidavit are incomplete, and the applicant shall resubmit a
10 complete application. The Commission shall have 30 days after
11 submission by the applicant of a complete application and
12 affidavit to issue the service authorization. If the Commission
13 does not notify the applicant regarding the completeness of the
14 application and affidavit or issue the service authorization
15 within the time periods required under this subsection, the
16 application and affidavit shall be considered complete and the
17 service authorization issued upon the expiration of the 30th
18 day.
19     (5) The cable service or video service authorization issued
20 by the Commission or pursuant to this Article shall contain or
21 include all of the following:
22         (a) A grant of authority to provide cable service or
23     video service in the service area footprint as requested in
24     the application.
25         (b) A grant of authority to use and occupy the public
26     rights-of-way in the delivery of that service in the

 

 

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1     service area footprint, subject to Section 21-1001 and the
2     laws of this State.
3         (c) A statement that the grant of authority is subject
4     to lawful operation of the cable service or video service
5     by the applicant or its successor in interest.
6     (6) The cable service or video service authorization issued
7 by the Commission is fully transferable to any successor in
8 interest to the applicant to which it is initially granted
9 without further Commission action. A notice of transfer shall
10 be filed with the Commission and the relevant local unit of
11 government within 15 business days of the completion of the
12 transfer. The Commission is not required or authorized to act
13 upon that notice.
14     (7) The cable service or video service authorization issued
15 by the Commission may be terminated or its cable or video
16 service area footprint may be modified by the cable service
17 provider or video service provider by submitting notice to the
18 Commission and the relevant local unit of government. The
19 Commission is not required or authorized to act upon that
20 notice.
21     (8) The Commission's authority to administer this Article
22 is limited to the powers and duties explicitly provided for
23 under this Article. Its authority under this Article does not
24 include the powers and duties that the Commission has under the
25 other Articles of this Act and the Illinois Administrative
26 Procedure Act (5 ILCS 100/) to conduct proceedings or to

 

 

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1 promulgate rules or regulations. The Commission shall not have
2 the authority to either limit or expand the obligations and
3 requirements provided in this Section or Article, or to
4 regulate or control a person or entity to the extent that
5 person or entity is providing cable service or video service
6 except as provided in this Article.
 
7     (220 ILCS 5/21-501 new)
8     Sec. 21-501. Customer service and privacy protection.
9     (1) The holder of a State-issued authorization shall comply
10 with all customer service rules of the Federal Communications
11 Commission under 47 CFR 76.309(c), and as amended thereafter.
12 As of the effective date of this Article, those rules require:
13         (a) An up-to-date copy of all of holder's rates, rules,
14     regulations and policies related to cable service and video
15     service must be made available to customers, or on the
16     holder's web site, and provided to the local unit of
17     government upon request.
18         (b) Holder will maintain a local, toll-free, or collect
19     call telephone access line that will be available to
20     subscribers to its cable service or video service 24 hours
21     a day, 7 days a week. Holder's trained representatives will
22     be available to respond to customer telephone inquiries
23     during normal business hours. After normal business hours,
24     the access line may be answered by a service or an
25     automated response system, including an answering machine.

 

 

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1     Inquiries received after normal business hours must be
2     responded to by holder's trained company representative on
3     the next business day.
4         (c) Under normal operating conditions, telephone
5     answer time by holder's customer representative, including
6     wait time, shall not exceed 30 seconds when the connection
7     is made. If the call needs to be transferred, transfer time
8     shall not exceed 30 seconds. These standards shall be met
9     no less than 90% of the time under normal operating
10     conditions, measured on a quarterly basis. Holder will not
11     be required to acquire equipment or perform surveys to
12     measure compliance with the telephone answering standards
13     described in this subsection unless an historical record of
14     complaints indicates a clear failure to comply.
15         (d) Under normal operating conditions, holder's
16     customer will receive a busy signal less than 3% of the
17     time.
18         (e) Holder's customer service center and bill payment
19     locations will be open at least during normal business
20     hours and will be conveniently located.
21         (f) Under normal operating conditions, each of the
22     following 4 standards related to installations, outages,
23     and service calls will be met no less than 95% of the time
24     measured on a quarterly basis:
25             (i) Standard installations will be performed
26         within 7 business days after an order has been placed.

 

 

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1         "Standard" installations are those that are located up
2         to 125 feet from the existing distribution system.
3             (ii) Excluding conditions beyond the control of
4         holder, holder will begin working on "service
5         interruptions" promptly and in no event later than 24
6         hours after the interruption becomes known. Holder
7         must begin actions to correct other service problems
8         the next business day after notification of the service
9         problem.
10             (iii) The "appointment window" alternatives for
11         installations, service calls, and other installation
12         activities will be either a specific time or, at
13         maximum, a 4-hour time block during normal business
14         hours. (Holder may schedule service calls and other
15         installation activities outside of normal business
16         hours for the express convenience of the customer.)
17             (iv) Holder may not cancel an appointment with a
18         customer after the close of business on the business
19         day prior to the scheduled appointment.
20         (g) If holder's representative is running late for an
21     appointment with a customer and will not be able to keep
22     the appointment as scheduled, the customer will be
23     contacted. The appointment will be rescheduled, as
24     necessary, at a time that is convenient for the customer.
25         (h) Refund checks will be issued promptly, but no later
26     than either (i) the customer's next billing cycle following

 

 

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1     resolution of the request or 30 days, whichever is earlier,
2     or (ii) the return of the equipment supplied by holder if
3     service is terminated.
4         (i) Credits for service will be issued no later than
5     the customer's next billing cycle following the
6     determination that a credit is warranted.
7         (j) The following definitions apply to the terms used
8     in this subsection (1):
9             (i) "Normal business hours" means those hours
10         during which most similar businesses in the geographic
11         area of the local unit of government are open to serve
12         customers. In all cases, "normal business hours" must
13         include some evening hours at least one night per week
14         or some weekend hours.
15             (ii) "Normal operating conditions" means those
16         service conditions that are within the control of
17         holder. Those conditions that are not within the
18         control of holder include, but are not limited to,
19         natural disasters, civil disturbances, power outages,
20         telephone network outages, and severe or unusual
21         weather conditions. Those conditions that are
22         ordinarily within the control of holder include, but
23         are not limited to, special promotions, pay-per-view
24         events, rate increases, regular peak or seasonal
25         demand periods, and maintenance or upgrade of the cable
26         service or video service network.

 

 

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1             (iii) "Service interruption" means the loss of
2         picture or sound on one or more cable service or video
3         service channels.
4     (2) The holder of a State-issued authorization shall comply
5 with the consumer privacy requirements of 47 U.S.C. 551 in
6 effect as of the effective date of this Article, and as amended
7 thereafter.
 
8     (220 ILCS 5/21-601 new)
9     Sec. 21-601. Public, education, and government programming
10 access.
11     (1) Not later than 120 days after a request by the unit of
12 local government that has received notice under Section 801(1)
13 of this Article, the holder of a State-issued authorization
14 shall designate a sufficient amount of capacity on its network
15 to provide for the same number of public, education, and
16 government access channels that are in actual use, as described
17 in this Section, on the incumbent cable operator's system on
18 the effective date of this Article and make reasonable,
19 technically feasible efforts to retransmit such community
20 programming, but shall not be subject to any requirements under
21 47 U.S.C. 531. Any public, education, or government channel
22 provided under this Section that is not used by the franchising
23 authority or local unit of government for at least 8 hours per
24 day of non-repeat programming for 3 consecutive months may no
25 longer be made available to the local franchising authority or

 

 

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1 local unit of government and may be programmed at the
2 provider's discretion. At such time as the local franchising
3 authority or local unit of government can certify a schedule
4 for at least 8 hours of daily non-repeat programming for a
5 period of 3 consecutive months, the provider shall restore the
6 previously allocated channel. A cable operator that elects to
7 obtain a video service authorization pursuant to Section
8 21-301(3) and (4) or at the expiration of its existing
9 franchise shall continue to comply with all community
10 programming obligations of its franchise and be subject to 47
11 U.S.C. 531.
12     (2) The local unit of government shall ensure that all
13 transmissions, content, or programming to be retransmitted by a
14 holder of a State authorization to provide cable service or
15 video service is provided or submitted to that holder in a
16 manner or form that is capable of being accepted and
17 retransmitted by the holder, without requirement for
18 additional alteration or change in the content by the holder,
19 over its particular network, and that is compatible with the
20 technology or protocol utilized by the holder to deliver cable
21 service or video service.
22     (3) Where technically feasible, the holder of a service
23 authorization under this Article and a cable operator that is
24 already providing cable service in that franchise area may
25 interconnect their cable or video systems for the purpose of
26 providing applicable public, education, and government

 

 

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1 programming for the respective services areas. Interconnection
2 may be accomplished by direct cable, microwave link, satellite,
3 or other reasonable method of connection. Holders of a service
4 authorization and cable operators that are already providing
5 cable service in that particular franchise area shall negotiate
6 in good faith, and those cable operators may not withhold
7 interconnection. The provider of public, education, or
8 government channels shall not be required to transmit over
9 these channels any content that is branded with the logo, name,
10 or other identifying marks of another provider.
11     (4) The local unit of government is solely responsible for
12 all content provided over designated public, education, or
13 government channels. A holder of a State-issued authorization
14 shall not exercise any editorial control over any programming
15 on any channel designed for public, education, or government
16 use or on any other channel required by law or a binding
17 agreement with the local franchising authority.
18     (5) A holder of a State-issued authorization is not subject
19 to any civil or criminal liability for any program carried on
20 any channel designated for public, education, or government use
21 or on any other channel.
 
22     (220 ILCS 5/21-701 new)
23     Sec. 21-701. Emergency alert system. The holder of a
24 State-issued authorization shall comply with all applicable
25 requirements of the Federal Communications Commission

 

 

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1 involving the distribution and notification of federal, state,
2 and local emergency messages over the emergency alert system
3 applicable to cable operators.
 
4     (220 ILCS 5/21-801 new)
5     Sec. 21-801. Applicable fees payable to the local unit of
6 government.
7     (1) Prior to offering cable service or video service in a
8 local unit of government's jurisdiction, a holder of a
9 State-issued authorization shall notify the local unit of
10 government. The notice shall be given to the local unit of
11 government at least 10 days before the holder of that
12 authorization begins to offer cable service or video service
13 within the boundaries of that local unit of government.
14     (2) In any local unit of government in which a holder
15 offers cable service or video service on a commercial basis,
16 the holder shall be liable for and pay the service provider fee
17 to the local unit of government: (a) upon its written request
18 for that fee; and (b) after no less than 30 days written
19 notice. The holder's liability for the fee shall commence only
20 on the first day of the calendar month following the expiration
21 of the 30-day minimum written notice period. The fee shall be
22 equal to the lesser of 5% of gross revenues or the lowest
23 percentage of gross revenues paid to the local unit of
24 government by any cable operator providing cable service as of
25 the effective date of this Article. If the local unit of

 

 

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1 government makes such a request, the payment of the service
2 provider fee shall be due on a quarterly basis, 45 days after
3 the close of the calendar quarter. If mailed, the fee is
4 considered paid on the date it is postmarked. The local unit of
5 government may not demand any additional fees or charges from
6 the holder of the State-issued authorization and may not demand
7 the use of any other calculation method other than allowed
8 under this Article. Notwithstanding any other provisions in
9 this Section, no fee is due under this Section until the local
10 unit of government certifies and provides supporting
11 documentation of the percentages of gross revenues paid by each
12 cable operator.
13     (3) For purposes of this Section, "gross revenues" means
14 all consideration of any kind or nature, including, without
15 limitation, cash, credits, property, and in-kind contributions
16 received by the holder from subscribers for the provision of
17 cable service or video service within the holder's cable or
18 video service area within the local unit of government's
19 jurisdiction.
20         (a) Gross revenues are limited to the following:
21             (i) Recurring charges for cable service or video
22         service.
23             (ii) Event-based charges for cable service or
24         video service, including, but not limited to,
25         pay-per-view and video-on-demand charges.
26             (iii) Rental of set top boxes and other cable

 

 

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1         service or video service equipment.
2             (iv) Service charges related to the provision of
3         cable service or video service, including but not
4         limited to activation, installation, and repair
5         charges.
6             (v) Administrative charges related to the
7         provision of cable service or video service, including
8         but not limited to service order and service
9         termination charges.
10         (b) Gross revenues do not include any of the following:
11             (i) Revenues not actually received, even if
12         billed, such as bad debt.
13             (ii) Refunds, discounts, or other price
14         adjustments that reduce the amount of gross revenues
15         received by the holder of the State-issued
16         authorization.
17             (iii) Regardless of whether the services are
18         bundled, packaged, or functionally integrated with
19         cable service or video service, any revenues from
20         services not classified as cable service or video
21         service, including, without limitation, revenue
22         received from telecommunications services, information
23         services, or the provision of directory or Internet
24         advertising, including yellow pages, white pages,
25         banner advertisement, and electronic publishing, or
26         any other revenues attributed by the holder of the

 

 

HB1500 - 21 - LRB095 09362 MJR 31669 b

1         State-issued authorization to noncable service or
2         nonvideo service in accordance with the holder's books
3         and records kept in the regular course of business and
4         any applicable laws, rules, regulations, standards, or
5         orders.
6             (iv) The sale of cable services or video services
7         for resale in which the purchaser is required to
8         collect the service provider fee from the purchaser's
9         subscriber.
10             (v) Any tax or fee, including the fees specified in
11         this Section, imposed upon the holder of the
12         State-issued authorization or upon subscribers by a
13         city, state, federal, or any other governmental entity
14         and collected by the holder of the State-issued
15         authorization and remitted to the taxing entity.
16             (vi) Security deposits collected from subscribers.
17             (vii) Late payment fees or charges, insufficient
18         funds check charges, and other charges assessed to
19         recover the costs of collecting delinquent payments.
20             (viii) Maintenance charges.
21             (ix) Amounts paid by subscribers to "home
22         shopping" or similar vendors for merchandise sold
23         through any home shopping channel offered as part of
24         the cable service or video service.
25     (4) The holder of a State-issued authorization to provide
26 cable service or video service shall pay to the local unit of

 

 

HB1500 - 22 - LRB095 09362 MJR 31669 b

1 government upon request as support for public, education, and
2 government programming a fee equal to 1% of gross revenues. The
3 fee shall be due on a quarterly basis, 45 days after the close
4 of the calendar quarter. If mailed, the fee is considered paid
5 on the date it is postmarked. The liability of the holder for
6 payment of the fee under this subsection shall commence on the
7 same date as the payment of the service provider fee pursuant
8 to subsection (2) of this Section. Any cable operator that
9 pursuant to Section 21-601(1) is required to continue to
10 provide to a unit of local government any services, facilities,
11 or equipment, that relate to public, education, or government
12 use of channel capacity under 47 U.S.C. 531, shall be permitted
13 to reduce the amounts required to be paid pursuant to this
14 subsection by any reasonable costs it incurs on an annual basis
15 to provide such services, facilities, or equipment.
16     (5) The holder of a State-issued authorization may identify
17 and collect the amount of the service provider fee as a
18 separate line item on the regular bill of each subscriber.
19     (6) The holder of a State-issued authorization may identify
20 and collect the amount of the public, education, and government
21 programming support fee as a separate line item on the regular
22 bill of a subscriber.
23     (7) All determinations and computations made under this
24 Section shall be pursuant to generally accepted accounting
25 principles.
26     (8) Nothing contained in this Article shall be construed to

 

 

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1 exempt a holder of a State-issued authorization from the
2 Commission from any tax that is or may later be imposed by the
3 local unit of government, including any tax that is or may
4 later be required to be paid by or through the holder with
5 respect to cable service or video service.
 
6     (220 ILCS 5/21-901 new)
7     Sec. 21-901. Audits.
8     (1) No more than once per any 3-year period, a local unit
9 of government may perform reasonable audits of the holder of a
10 State-issued authorization's calculation of the fees paid to
11 the local unit of government under Section 21-801. All records
12 reasonably necessary for the audits shall be made available by
13 the holder at the location where the records are kept in the
14 ordinary course of business. The local unit of government and
15 the holder shall each be responsible for their respective costs
16 of the audit. Any additional amount due verified by the holder
17 of an authorization and the local unit of government shall be
18 paid within 30 days after the local unit of government's
19 submission of an invoice for the sum.
20     (2) Any claims by a local unit of government that fees have
21 not been paid as required under Section 21-801, and any claims
22 for refunds or other corrections to the remittance of the
23 holder, shall be made within 3 years of the end of the quarter
24 for which compensation is remitted.
25     (3) If the audit contains or reveals information that is

 

 

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1 designated as confidential and proprietary by the holder, the
2 local unit of government shall only disclose that information
3 pursuant to a valid and enforceable subpoena or court order.
4 This supersedes any other provision of State law that would
5 permit or require the local unit of government to disclose that
6 information.
 
7     (220 ILCS 5/21-1001 new)
8     Sec. 21-1001. Local unit of government authority.
9     (1) Except as expressly provided in this Article, a local
10 unit of government shall retain all existing authority and
11 police powers in existence on the effective date of this
12 Article; provided, however, that that authority and police
13 power shall not be exercised by any local unit of government in
14 a manner that is in conflict with the purpose or provisions of
15 this Article or that prohibits or has the effect of prohibiting
16 the ability of any holder of a State-issued authorization to
17 provide cable service or video service.
18     (2) A local unit of government shall allow the holder of a
19 State-issued authorization to provide cable service or video
20 service to install, construct, and maintain a cable service,
21 video service, or communications network within a public
22 right-of-way and shall provide the holder of a State-issued
23 authorization to provide cable service or video service with
24 open, comparable, nondiscriminatory, and competitively neutral
25 access to the public right-of-way. Notwithstanding any other

 

 

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1 provisions of law, if a local unit of government is permitted
2 by law to require the holder of a State authorization to seek a
3 permit to install, construct, and maintain its cable service,
4 video service, or communications network within a public
5 right-of-way, those permits shall be deemed granted within 30
6 days after being submitted, if not otherwise acted upon by the
7 local unit of government.
8     (3) A local unit of government may not discriminate against
9 the holder of a State-issued authorization to provide cable
10 service or video service for any of the following:
11         (a) The authorization or placement of a cable service,
12     video service, or communications network in public
13     rights-of-way.
14         (b) Access to a building.
15         (c) A local unit of government utility pole attachment.
16     (4) A local unit of government may impose on a competitive
17 video service provider a permit fee only to the extent it
18 imposes such a fee on incumbent cable operators, and any fee
19 may not exceed the actual, direct costs incurred by the local
20 unit of government for issuing the relevant permit. In no event
21 may a fee under this Section be levied if the competitive video
22 service provider already has paid a permit fee of any kind in
23 connection with the same activity that would otherwise be
24 covered by the permit fee under this Section or is otherwise
25 authorized by law or contract to place the facilities used by
26 the competitive video service provider in the public

 

 

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1 rights-of-way or for general revenue purposes.
2     (5) Nothing in this Article shall affect the rights that
3 any holder has under Section 4 of the Telephone Line Right of
4 Way Act (220 ILCS 65/4).
 
5     (220 ILCS 5/21-1101 new)
6     Sec. 21-1101. Requirements to provide video services.
7     (1) The holder of a State-issued authorization shall not
8 deny access to cable service or video service to any potential
9 residential subscribers because of the race or income of the
10 residents in the local area in which the group resides.
11     (2) It is a defense to an alleged violation of subsection
12 (1) if the holder of the State-issued authorization has met any
13 of the following conditions:
14         (a) 3 years have not expired since the issuance of the
15     State authorization.
16         (b) 3 years after the date the holder of the
17     State-issued authorization began providing cable service
18     or video service in the local area, at least 25% of
19     households with access to the holder's cable service or
20     video service are low-income households.
21         (c) Beginning 5 years after the date the holder of the
22     State-issued authorization began providing cable service
23     or video service in the local area, at least 30% of the
24     households with access to the holder's cable service or
25     video service are low-income households.

 

 

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1     (3) If the holder of a State-issued authorization is: (i)
2 using telecommunications facilities to provide cable service
3 or video service in this State; and (ii) has more than
4 1,000,000 telecommunications access lines in this State, the
5 holder shall provide access to its cable service or video
6 service to a number of households equal to at least 20% of the
7 households in the holder's telecommunications service area in
8 the State within 3 years after the date it began providing
9 cable service or video service under this Article and to a
10 number not less than 40% of these households within 6 years.
11 The holder of a State-issued authorization is not required to
12 meet the 40% requirement in this subsection until 2 years after
13 at least 30% of the households with access to the holder's
14 video service subscribe to the service for 6 consecutive
15 months.
16     (4) The holder of a State-issued authorization may satisfy
17 the requirements of this Section through the use of
18 direct-to-home satellite service or another alternative
19 technology that offers service, functionality, and content
20 that is demonstrably similar to that provided through the
21 holder's cable service or video service system.
22     (5) The holder of a State-issued authorization may apply to
23 the Commission, for a waiver of or for an extension of time to
24 meet the requirements of subsection (3) of this Section, if one
25 or more of the following apply:
26         (a) The inability to obtain access to public and

 

 

HB1500 - 28 - LRB095 09362 MJR 31669 b

1     private rights-of-way under reasonable terms and
2     conditions.
3         (b) Developments or buildings not being subject to
4     competition because of existing exclusive service
5     arrangements.
6         (c) Developments or buildings being inaccessible using
7     reasonable technical solutions under commercially
8     reasonable terms and conditions.
9         (d) Natural disasters.
10         (e) Factors beyond the control of the video service
11     provider.
12     (6) If the holder seeks a waiver or extension pursuant to
13 subsection (5) of this Section, the waiver application shall
14 state (a) what substantial effort the holder of a State-issued
15 authorization has taken to meet the requirements of subsection
16 (3) of this Section; (b) which portions of subsection (5) of
17 this Section apply; and (c) the number of days it has been
18 delayed or the requirements it cannot perform as a consequence
19 of subsection (5). No later than 30 days after the waiver has
20 been submitted to the Commission, the Commission shall notify
21 the holder of the State-issued authorization whether the
22 application is complete. If portions of the application are
23 incomplete, the holder of the State-issued authorization shall
24 provide the supplemental information identified in the
25 notification from the Commission. Within 30 days after
26 receiving a completed application, the Commission shall grant

 

 

HB1500 - 29 - LRB095 09362 MJR 31669 b

1 the waiver or extension. If an extension is granted, the
2 Commission shall establish a new compliance deadline
3 consistent with the effect of such delay as described in
4 subsection (5). If an additional period of time to perform is
5 not practicable because of the nature of the waiver as
6 described in subsection (5), the Commission shall specify the
7 requirements waived. In reviewing waiver applications, the
8 Commission is subject to the provisions of Section 21-401(7) of
9 this Article.
10     (7) As used in this subsection, the following definitions
11 apply.
12     "Household" means consistent with the United States Census
13 Bureau, a house, an apartment, a mobile home, a group of rooms,
14 or a single room that is intended for occupancy as separate
15 living quarters. Separate living quarters are those in which
16 the occupants live and eat separately from any other persons in
17 the building and which have direct access from the outside of
18 the building or through a common hall.
19     "Low-income household" means those residential households
20 located within the holder's existing telephone service area
21 where the average annual household income is less than $35,000
22 based on the United States Census Bureau estimates adjusted
23 annually to reflect rates of change and distribution through
24 January 1, 2007.
25     "Access" means that the holder is capable of providing
26 cable service or video service at the household address using

 

 

HB1500 - 30 - LRB095 09362 MJR 31669 b

1 direct-to-home satellite service or any technology providing
2 two-way broadband Internet capability and video programming,
3 content, and functionality, regardless of whether any customer
4 has ordered service or whether the owner or landlord or other
5 responsible person has granted access to the household. If more
6 than one technology is used, the technologies shall provide
7 similar two-way broadband Internet accessibility and similar
8 video programming.
9     Notwithstanding any other provision of this Article, the
10 holder of a State-issued authorization using
11 telecommunications facilities to provide cable service or
12 video service is not obligated to provide that service outside
13 the holder's existing telecommunications service area.
 
14     (220 ILCS 5/21-1201 new)
15     Sec. 21-1201. Access to property and payment for access.
16     (1) In any area in this State in which the Commission has
17 granted a cable service or video service authorization pursuant
18 to this Article, no property owner, condominium association,
19 managing agent, lessee, or other person in possession or
20 control of any residential building located within that area
21 shall forbid or prevent any occupant, tenant, or lessee of any
22 such building from receiving cable service or video service
23 from the holder of such State-issued authorization, nor demand
24 or accept payment from any such occupant, tenant, or lessee in
25 any form as a condition of permitting the installation of cable

 

 

HB1500 - 31 - LRB095 09362 MJR 31669 b

1 service or video service facilities or the maintenance of cable
2 service or video service in any such building or any portion
3 thereof occupied or leased by such occupant, tenant, or lessee,
4 nor shall any such property owner, condominium association,
5 managing agent, lessee, or other person discriminate in rental
6 charges or otherwise against any occupant, tenant, or lessee
7 receiving cable service or video service; provided, however,
8 that the owner of the building may require, in exchange and as
9 compensation for permitting the installation of cable service
10 or video service facilities within and upon that building, the
11 payment of just compensation by the holder of the State-issued
12 service authorization which provides such cable service or
13 video service, that sum to be determined in accordance with the
14 provisions of subsections (3) and (4) of this Section, and
15 provided further that the holder of the State-issued
16 authorization installing those cable service or video service
17 facilities shall agree to indemnify the owner of the building
18 for any damage caused by the installation, operation, or
19 removal of the cable service or video service facilities and
20 service. No holder of a State-issued authorization shall
21 install cable service or video service facilities within a
22 residential building pursuant to this subsection (1) unless an
23 occupant, tenant, or lessee of that residential building
24 requests the delivery of those services. In any instance in
25 which a request for service is made by more than 3 occupants,
26 tenants, or lessees of a residential building, the holder of a

 

 

HB1500 - 32 - LRB095 09362 MJR 31669 b

1 State-issued authorization may install cable service and video
2 service facilities throughout the building in a manner that
3 enables the holder of a State-issued authorization to provide
4 cable services or video services to occupants, tenants, or
5 lessees of other residential units without requiring the
6 installation of additional cable service or video service
7 facilities other than within the residential units occupied by
8 such other occupants, tenants or lessees.
9     (2) Any area in this State in which the Commission has
10 granted a cable service or video service authorization pursuant
11 to this Article, no property owner, condominium association,
12 managing agent, lessee, or other person in possession and
13 control of any improved or unimproved real estate located
14 within such area shall forbid or prevent the holder of a
15 State-issued authorization from entering upon that real estate
16 for the purpose of and in connection with the construction or
17 installation of that cable service or video service facilities,
18 nor shall any such property owner, condominium association,
19 managing agent, lessee, or other person in possession or
20 control of that real estate forbid or prevent the holder of a
21 State-issued authorization from constructing or installing
22 upon, beneath, or over the real estate, including any buildings
23 or other structures located thereon, hardware, cable, fiber,
24 equipment, materials, or other cable service or video service
25 facilities used by the holder of a State-issued authorization
26 in the construction and installation of those cable service or

 

 

HB1500 - 33 - LRB095 09362 MJR 31669 b

1 video service facilities; provided, however, that the owner of
2 any such real estate may require, in exchange and as
3 compensation for permitting the construction or installation
4 of cable service or video service facilities upon, beneath, or
5 over such real estate, the payment of just compensation by the
6 holder of a State-issued authorization which provides that
7 cable service or video service, that sum to be determined in
8 accordance with the provisions of subsections (3) and (4) of
9 this Section, and provided further that the holder of a
10 State-issued authorization constructing or installing those
11 cable service or video service facilities shall agree to
12 indemnify the owner of the real estate for any damage caused by
13 the installation, operation, or removal of the cable service or
14 video service facilities and service.
15     (3) In any instance in which the owner of a residential
16 building or the owner of improved or unimproved real estate
17 intends to require the payment of just compensation in excess
18 of $1 in exchange for permitting the installation of cable
19 service or video service facilities in and upon such building,
20 or upon, beneath, or over such real estate, the owner shall
21 serve written notice thereof upon the holder of the
22 State-issued authorization. Any such notice shall be served
23 within 20 days after the date on which the owner is notified of
24 the holder's intention to construct or install cable service or
25 video service facilities in and upon such building, or upon,
26 beneath or over such real estate. Unless timely notice as

 

 

HB1500 - 34 - LRB095 09362 MJR 31669 b

1 provided in this subsection (3) is given by the owner to the
2 holder of the State-issued authorization, it shall be
3 conclusively presumed that the owner of any such building or
4 real estate does not claim or intend to require a payment of
5 more than $1 in exchange and as just compensation for
6 permitting the installation of cable service or video service
7 facilities within and upon the building, or upon, beneath, or
8 over the real estate. In any instance in which the holder of
9 the State-issued authorization intends to install cable
10 service or video service facilities as herein provided, written
11 notice of that intention shall be sent by the holder of the
12 State-issued authorization to the property owner or to such
13 person, association, or managing agent as shall have been
14 appointed or otherwise designated to manage or operate the
15 property. The notice shall include the address of the property,
16 the name of the holder of the State-issued authorization, and
17 information as to the time within which the owner may give
18 notice, demand payment as just compensation, and initiate legal
19 proceedings as provided in this subsection (3) and subsection
20 (4). In any instance in which the holder of the State-issued
21 authorization intends to install cable service or video service
22 facilities within a residential building containing 12 or more
23 residential units or upon, beneath, or over real estate that is
24 used as a site for 12 or more manufactured housing units, 12 or
25 more mobile homes, or a combination of 12 or more manufactured
26 housing units and mobile homes, the written notice shall

 

 

HB1500 - 35 - LRB095 09362 MJR 31669 b

1 further provide that the property owner may require that the
2 holder of the State-issued authorization submit to the owner
3 written plans identifying the manner in which cable service or
4 video service facilities are to be installed, including the
5 proposed location of those facilities. Approval of those plans
6 by the property owner shall not be unreasonably withheld and
7 the owners' consent to and approval of the plans shall be
8 presumed unless, within 30 days after receipt thereof, or in
9 the case of a condominium association, 90 days after receipt
10 thereof, the property owner identifies in writing the specific
11 manner in which the plans deviate from generally accepted
12 construction or safety standards, and unless the property owner
13 contemporaneously submits an alternative construction plan
14 providing for the installation of cable service or video
15 service facilities in an economically feasible manner. The
16 holder of the State-issued authorization may proceed with the
17 plans originally submitted if an alternative plan is not
18 submitted by the property owner within 30 days, or in the case
19 of a condominium association, 90 days, or if an alternative
20 plan submitted by the property owner fails to comply with
21 generally accepted construction and safety standards or does
22 not provide for the installation of cable television or cable
23 service or video service facilities in an economically feasible
24 manner. For purposes of this subsection, "mobile home" and
25 "manufactured housing unit" have the same meaning ascribed to
26 those terms in the Illinois Manufactured Housing and Mobile

 

 

HB1500 - 36 - LRB095 09362 MJR 31669 b

1 Home Safety Act.
2     (4) Any owner of a residential building described in
3 subsection (1), and any owner of improved or unimproved real
4 estate described in subsection (2), who shall have given timely
5 written notice to the holder of the State-issued authorization
6 as provided in subsection (3), may assert a claim for just
7 compensation in excess of $1 for permitting the installation of
8 cable service or video service facilities within and upon such
9 building, or upon, beneath, or over such real estate. Within 30
10 days after notice has been given in accordance with subsection
11 (3), the owner shall advise the holder of the State-issued
12 authorization in writing of the amount claimed as just
13 compensation. If within 60 days after the receipt of the
14 owner's claim, the holder of the State-issued authorization has
15 not agreed to pay the amount claimed or some other amount
16 acceptable to the owner, the owner may bring suit to enforce
17 the claim for just compensation in any court of competent
18 jurisdiction and, upon timely demand, may require that the
19 amount of just compensation be determined by a jury. Any such
20 action shall be commenced within 6 months after the notice
21 given by the holder of the State-issued authorization pursuant
22 to subsection (3). In any action brought to determine that
23 amount, the owner may submit evidence of a decrease in the fair
24 market value of the property occasioned by the installation or
25 location of the cable service or video service facilities on
26 the property, that the owner has a specific alternative use for

 

 

HB1500 - 37 - LRB095 09362 MJR 31669 b

1 the space occupied by cable service or video service
2 facilities, the loss of which will result in a monetary loss to
3 the owner, or that installation of cable service or video
4 service facilities within and upon such building or upon,
5 beneath or over such real estate otherwise substantially
6 interferes with the use and occupancy of that building to an
7 extent that causes a decrease in the fair market value of the
8 building or real estate.
9     (5) Neither the giving of a notice by the owner under
10 subsection (3), nor the assertion of a specific claim, nor the
11 initiation of legal action to enforce such claim, as provided
12 under subsection (4), shall delay or impair the right of the
13 holder of the State-issued authorization to construct or
14 install cable service or video service facilities within or
15 upon any building described in subsection (1) or upon, beneath,
16 or over real estate described in subsection (2).
17     (6) Notwithstanding the foregoing, no holder of a
18 State-issued authorization shall enter upon any real estate or
19 rights of way in the possession or control of any other public
20 utility, railroad, or owner or operator of an oil, petroleum
21 product, chemical, or gas pipeline to install or remove cable
22 service or video service facilities or to provide underground
23 maintenance or repair services with respect thereto, prior to
24 delivery to such public utility, railroad, or pipeline owner or
25 operator of written notice of intent to enter, install,
26 maintain, or remove. No entry shall be made until at least 15

 

 

HB1500 - 38 - LRB095 09362 MJR 31669 b

1 business days after receipt of the written notice. The written
2 notice, which shall be delivered to the registered agent of
3 such public utility, railroad, or pipeline owner or operator,
4 shall include the following information:
5         (a) The date of the proposed installation,
6     maintenance, repair, or removal and projected length of
7     time required to complete the installation, maintenance,
8     repair, or removal;
9         (b) The manner and method of the installation,
10     maintenance, repair, or removal;
11         (c) The location of the proposed entry and path of
12     cable service or video service facilities proposed to be
13     placed, repaired, maintained, or removed upon the real
14     estate or right of way; and
15         (d) The written agreement of the holder of the
16     State-issued authorization to indemnify and hold harmless
17     such public utility, railroad, or pipeline owner or
18     operator from the costs of any damages directly or
19     indirectly caused by the installation, maintenance,
20     repair, operation, or removal of cable service or video
21     service facilities. Upon request of the public utility,
22     railroad, or owner or operator of an oil, petroleum
23     product, chemical, or gas pipeline, the holder of the
24     State-issued authorization shall provide proof that it has
25     purchased and will maintain a policy or policies of
26     insurance in amounts sufficient to provide coverage for

 

 

HB1500 - 39 - LRB095 09362 MJR 31669 b

1     personal injury and property damage losses caused by or
2     resulting from the installation, maintenance, repair, or
3     removal of cable service or video service facilities. The
4     written agreement shall provide that the holder of the
5     State-issued authorization shall maintain such policies of
6     insurance in full force and effect as long as cable service
7     or video service facilities remain on the real estate or
8     right of way.
9     Within 15 business days after receipt of the written prior
10 notice of entry the public utility, railroad, or pipeline owner
11 or operator shall investigate and determine whether or not the
12 proposed entry and installation or repair, maintenance, or
13 removal would create a dangerous condition threatening the
14 safety of the public or the safety of its employees or
15 threatening to cause an interruption of the furnishing of vital
16 transportation, utility, or pipeline services and upon so
17 finding shall so notify the holder of the State-issued
18 authorization of that decision in writing. Initial
19 determination of the existence of such a dangerous condition or
20 interruption of services shall be made by the public utility,
21 railroad, or pipeline owner or operator whose real estate or
22 right of way is involved. In the event that the holder of the
23 State-issued authorization disagrees with such determination,
24 a determination of whether the entry and installation,
25 maintenance, repair, or removal would create such a dangerous
26 condition or interrupt services shall be made by a court of

 

 

HB1500 - 40 - LRB095 09362 MJR 31669 b

1 competent jurisdiction upon the application of the holder of
2 the State-issued authorization. An initial written
3 determination of a public utility, railroad, or pipeline owner
4 or operator timely made and transmitted to the holder of the
5 State-issued authorization, in the absence of a determination
6 by a court of competent jurisdiction finding to the contrary,
7 bars the entry of the holder of the State-issued authorization
8 upon the real estate or right of way for any purpose.
9     Any public utility, railroad, or pipeline owner or operator
10 may assert a written claim against any holder of the
11 State-issued authorization for just compensation within 30
12 days after written notice has been given in accordance with
13 this subsection (6). If, within 60 days after the receipt of
14 such claim for compensation, the holder of the State-issued
15 authorization has not agreed to the amount claimed or some
16 other amount acceptable to the public utility, railroad, or
17 pipeline owner or operator, the public utility, railroad, or
18 pipeline owner or operator may bring suit to enforce the claim
19 for just compensation in any court of competent jurisdiction
20 and, upon timely demand, may require that the amount of just
21 compensation be determined by a jury. Any such action shall be
22 commenced within 6 months after the notice provided for in this
23 subsection (6). In any action brought to determine such just
24 compensation, the public utility, railroad, or pipeline owner
25 or operator may submit such evidence as may be relevant to the
26 issue of just compensation. Neither the assertion of a claim

 

 

HB1500 - 41 - LRB095 09362 MJR 31669 b

1 for compensation nor the initiation of legal action to enforce
2 the claim shall delay or impair the right of the holder of the
3 State-issued authorization to construct or install cable
4 service or video service facilities upon any real estate or
5 rights of way of any public utility, railroad, or pipeline
6 owner or operator.
7     To the extent that the public utility, railroad, or owner
8 or operator of an oil, petroleum product, chemical, or gas
9 pipeline deems it appropriate to supervise, monitor, or
10 otherwise assist the holder of the State-issued authorization
11 in connection with the installation, maintenance, repair, or
12 removal of cable service or video service facilities upon such
13 real estate or rights of way, the holder of the State-issued
14 authorization shall reimburse the public utility, railroad, or
15 owner or operator of an oil, petroleum product, chemical, or
16 gas pipeline for costs reasonable and actually incurred in
17 connection therewith.
18     The provisions of this subsection (6) shall not be
19 applicable to any easements, rights-of-way, or ways for public
20 service facilities in which public utilities, other than
21 railroads, have any interest pursuant to the Plat Act and all
22 ordinances enacted pursuant thereto. Such easements,
23 rights-of-way, and ways for public service facilities are
24 hereby declared to be apportionable and upon written request by
25 a holder of a State-issued authorization, public utilities
26 shall make such easements, rights-of-way, and ways for public

 

 

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1 service facilities available for the construction,
2 maintenance, repair, or removal of cable service or video
3 service facilities provided that the construction,
4 maintenance, repair, or removal does not create a dangerous
5 condition threatening the safety of the public or the safety of
6 the public utility employees or threatening to cause an
7 interruption of the furnishing of vital utility service.
8 Initial determination of the existence of such a dangerous
9 condition or interruption of services shall be made by the
10 public utility whose easement, right-of-way, or way for public
11 service facility is involved. If the holder of the State-issued
12 authorization disagrees with that determination, a
13 determination of whether the construction, maintenance,
14 repair, or removal would create such a dangerous condition or
15 threaten to interrupt vital utility services shall be made by a
16 court of competent jurisdiction upon the application of the
17 holder of the State-issued authorization.
18     If a municipality or county notifies or a municipality or
19 county requires a developer to notify a public utility before
20 or after issuing a permit or other authorization for the
21 construction of residential buildings, then the municipality,
22 county, or developer shall, at the same time, similarly notify
23 any holder of a State-issued authorization within that
24 municipality or county.
25     In addition to such other notices as may be required by
26 this subsection (6), a holder of a State-issued authorization

 

 

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1 shall not enter upon the real estate or rights-of-way of any
2 other public utility, railroad, or pipeline owner or operator
3 for the purposes of above ground maintenance or repair of its
4 cable service or video service facilities without giving 96
5 hours prior written notice to the registered agent of the
6 public utility, railroad, or pipeline owner or operator
7 involved, or in the case of a public utility, notice may be
8 given through the statewide one-call notice system provided for
9 by General Order of the Illinois Commerce Commission or, if in
10 Chicago, through the system known as the Chicago Utility Alert
11 Network.
 
12     (220 ILCS 5/21-1301 new)
13     Sec. 21-1301. Home rule.
14     (a) It is declared to be the law of this State, pursuant to
15 paragraph (h) of Section 6 of Article VII of the Illinois
16 Constitution, that the establishment of standards and
17 procedures for, and the granting of, all cable service and
18 video service authorizations after the effective date of, and
19 as provided in, this Article are exclusive State powers and
20 functions that may not be exercised by a home rule unit.
21     (b) With respect to the other provisions of this Article
22 that are not subject to subsection (a), a home rule unit may
23 not impose restrictions or limitations that are inconsistent
24 with those other provisions of this Article. This subsection is
25 a limitation under subsection (i) of Section 6 of Article VII

 

 

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1 of the Illinois Constitution on the concurrent exercise by home
2 rule units of powers and functions exercised by the State.
 
3     (220 ILCS 5/21-1401 new)
4     Sec. 21-1401. This Article shall be enforced only by a
5 court of competent jurisdiction.
 
6     Section 90. The Illinois Administrative Procedure Act is
7 amended by changing Section 1-5 as follows:
 
8     (5 ILCS 100/1-5)  (from Ch. 127, par. 1001-5)
9     Sec. 1-5. Applicability.
10     (a) This Act applies to every agency as defined in this
11 Act. Beginning January 1, 1978, except as otherwise set forth
12 in this Act, in case of conflict between the provisions of this
13 Act and the Act creating or conferring power on an agency, this
14 Act shall control. If, however, an agency (or its predecessor
15 in the case of an agency that has been consolidated or
16 reorganized) has existing procedures on July 1, 1977,
17 specifically for contested cases or licensing, those existing
18 provisions control, except that this exception respecting
19 contested cases and licensing does not apply if the Act
20 creating or conferring power on the agency adopts by express
21 reference the provisions of this Act. Where the Act creating or
22 conferring power on an agency establishes administrative
23 procedures not covered by this Act, those procedures shall

 

 

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1 remain in effect.
2     (b) The provisions of this Act do not apply to (i)
3 preliminary hearings, investigations, or practices where no
4 final determinations affecting State funding are made by the
5 State Board of Education, (ii) legal opinions issued under
6 Section 2-3.7 of the School Code, (iii) as to State colleges
7 and universities, their disciplinary and grievance
8 proceedings, academic irregularity and capricious grading
9 proceedings, and admission standards and procedures, and (iv)
10 the class specifications for positions and individual position
11 descriptions prepared and maintained under the Personnel Code.
12 Those class specifications shall, however, be made reasonably
13 available to the public for inspection and copying. The
14 provisions of this Act do not apply to hearings under Section
15 20 of the Uniform Disposition of Unclaimed Property Act.
16     (c) Section 5-35 of this Act relating to procedures for
17 rulemaking does not apply to the following:
18         (1) Rules adopted by the Pollution Control Board that,
19     in accordance with Section 7.2 of the Environmental
20     Protection Act, are identical in substance to federal
21     regulations or amendments to those regulations
22     implementing the following: Sections 3001, 3002, 3003,
23     3004, 3005, and 9003 of the Solid Waste Disposal Act;
24     Section 105 of the Comprehensive Environmental Response,
25     Compensation, and Liability Act of 1980; Sections 307(b),
26     307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal

 

 

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1     Water Pollution Control Act; and Sections 1412(b),
2     1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
3     Water Act.
4         (2) Rules adopted by the Pollution Control Board that
5     establish or amend standards for the emission of
6     hydrocarbons and carbon monoxide from gasoline powered
7     motor vehicles subject to inspection under Section 13A-105
8     of the Vehicle Emissions Inspection Law and rules adopted
9     under Section 13B-20 of the Vehicle Emissions Inspection
10     Law of 1995.
11         (3) Procedural rules adopted by the Pollution Control
12     Board governing requests for exceptions under Section 14.2
13     of the Environmental Protection Act.
14         (4) The Pollution Control Board's grant, pursuant to an
15     adjudicatory determination, of an adjusted standard for
16     persons who can justify an adjustment consistent with
17     subsection (a) of Section 27 of the Environmental
18     Protection Act.
19         (5) Rules adopted by the Pollution Control Board that
20     are identical in substance to the regulations adopted by
21     the Office of the State Fire Marshal under clause (ii) of
22     paragraph (b) of subsection (3) of Section 2 of the
23     Gasoline Storage Act.
24     (d) Pay rates established under Section 8a of the Personnel
25 Code shall be amended or repealed pursuant to the process set
26 forth in Section 5-50 within 30 days after it becomes necessary

 

 

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1 to do so due to a conflict between the rates and the terms of a
2 collective bargaining agreement covering the compensation of
3 an employee subject to that Code.
4     (e) Section 10-45 of this Act shall not apply to any
5 hearing, proceeding, or investigation conducted under Section
6 13-515 of the Public Utilities Act.
7     (f) Article 10 of this Act does not apply to any hearing,
8 proceeding, or investigation conducted by the State Council for
9 the State of Illinois created under Section 3-3-11.05 of the
10 Unified Code of Corrections or by the Interstate Commission
11 Commision for Adult Offender Supervision created under the
12 Interstate Compact for Adult Offender Supervision.
13     (g) This Act is subject to the provisions of Article XXI of
14 the Public Utilities Act. To the extent that any provision of
15 this Act conflicts with the provisions of that Article XXI, the
16 provisions of that Article XXI control.
17 (Source: P.A. 92-571, eff. 6-26-02; revised 7-25-02.)
 
18     Section 91. The State Mandates Act is amended by adding
19 Section 8.31 as follows:
 
20     (30 ILCS 805/8.31 new)
21     Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8
22 of this Act, no reimbursement by the State is required for the
23 implementation of any mandate created by this amendatory Act of
24 the 95th General Assembly.
 

 

 

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1     Section 92. The Counties Code is amended by adding Section
2 5-1096.5 as follows:
 
3     (55 ILCS 5/5-1096.5 new)
4     Sec. 5-1096.5. Cable and video competition. This Act is
5 subject to the provisions of Article XXI of the Public
6 Utilities Act. To the extent that any provision of this Act
7 conflicts with the provisions of that Article XXI, the
8 provisions of that Article XXI control.
 
9     Section 93. The Illinois Municipal Code is amended by
10 adding Section 11-42-11.2 as follows:
 
11     (65 ILCS 5/11-42-11.2 new)
12     Sec. 11-42-11.2. Cable and video competition. This Act is
13 subject to the provisions of Article XXI of the Public
14 Utilities Act. To the extent that any provision of this Act
15 conflicts with the provisions of that Article XXI, the
16 provisions of that Article XXI control.
 
17     Section 94. The Eminent Domain Act is amended by changing
18 Section 15-5-25 and by adding Section 90-5-25 as follows:
 
19     (735 ILCS 30/15-5-25)
20     Sec. 15-5-25. Eminent domain powers in ILCS Chapters 205

 

 

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1 through 430. The following provisions of law may include
2 express grants of the power to acquire property by condemnation
3 or eminent domain:
 
4 (220 ILCS 5/8-509); Public Utilities Act; public utilities; for
5     construction of certain improvements.
6     (220 ILCS 5/21-1201); Public Utilities Act; holders of State
7     issued authorizations; for cable service or video service.
8 (220 ILCS 15/1); Gas Storage Act; corporations engaged in the
9     distribution, transportation, or storage of natural gas or
10     manufactured gas; for their operations.
11 (220 ILCS 15/2 and 15/6); Gas Storage Act; corporations engaged
12     in the distribution, transportation, or storage of natural
13     gas or manufactured gas; for use of an underground
14     geological formation for gas storage.
15 (220 ILCS 30/13); Electric Supplier Act; electric
16     cooperatives; for general purposes.
17 (220 ILCS 55/3); Telegraph Act; telegraph companies; for
18     telegraph lines.
19 (220 ILCS 65/4); Telephone Company Act; telecommunications
20     carriers; for telephone company purposes.
21 (225 ILCS 435/23); Ferries Act; ferry operators; for a landing,
22     ferryhouse, or approach.
23 (225 ILCS 440/9); Highway Advertising Control Act of 1971;
24     Department of Transportation; for removal of signs
25     adjacent to highways.

 

 

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1 (310 ILCS 5/6 and 5/38); State Housing Act; housing
2     corporations; for general purposes.
3 (310 ILCS 10/8.3); Housing Authorities Act; housing
4     authorities; for general purposes.
5 (310 ILCS 10/8.15); Housing Authorities Act; housing
6     authorities; for implementation of conservation plans and
7     demolition.
8 (310 ILCS 10/9); Housing Authorities Act; housing authorities;
9     for general purposes.
10 (310 ILCS 20/5); Housing Development and Construction Act;
11     housing authorities; for development or redevelopment.
12 (310 ILCS 35/2); House Relocation Act; political subdivisions
13     and municipal corporations; for relocation of dwellings
14     for highway construction.
15 (315 ILCS 5/14); Blighted Areas Redevelopment Act of 1947; land
16     clearance commissions; for redevelopment projects.
17 (315 ILCS 10/5); Blighted Vacant Areas Development Act of 1949;
18     State of Illinois; for housing development.
19 (315 ILCS 20/9 and 20/42); Neighborhood Redevelopment
20     Corporation Law; neighborhood redevelopment corporations;
21     for general purposes.
22 (315 ILCS 25/4 and 25/6); Urban Community Conservation Act;
23     municipal conservation boards; for conservation areas.
24 (315 ILCS 30/12); Urban Renewal Consolidation Act of 1961;
25     municipal departments of urban renewal; for blighted area
26     redevelopment projects.

 

 

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1 (315 ILCS 30/20 and 30/22); Urban Renewal Consolidation Act of
2     1961; municipal departments of urban renewal; for
3     implementing conservation areas.
4 (315 ILCS 30/24); Urban Renewal Consolidation Act of 1961;
5     municipal departments of urban renewal; for general
6     purposes.
7 (415 ILCS 95/6); Junkyard Act; Department of Transportation;
8     for junkyards or scrap processing facilities.
9 (420 ILCS 35/1); Radioactive Waste Storage Act; Illinois
10     Emergency Management Agency; for radioactive by-product
11     and waste storage.
12 (Source: P.A. 94-1055, eff. 1-1-07.)
 
13     (735 ILCS 30/90-5-25 new)
14     Sec. 90-5-25. Cable and video competition. This Act is
15 subject to the provisions of Article XXI of the Public
16 Utilities Act. To the extent that any provision of this Act
17 conflicts with the provisions of that Article XXI, the
18 provisions of that Article XXI control.
 
19     Section 99. Effective date. This Act takes effect upon
20 becoming law.

 

 

HB1500 - 52 - LRB095 09362 MJR 31669 b

1 INDEX
2 Statutes amended in order of appearance
3     220 ILCS 5/Art. XXI
4     heading new
5     220 ILCS 5/21-100 new
6     220 ILCS 5/21-101 new
7     220 ILCS 5/21-201 new
8     220 ILCS 5/21-301 new
9     220 ILCS 5/21-401 new
10     220 ILCS 5/21-501 new
11     220 ILCS 5/21-601 new
12     220 ILCS 5/21-701 new
13     220 ILCS 5/21-801 new
14     220 ILCS 5/21-901 new
15     220 ILCS 5/21-1001 new
16     220 ILCS 5/21-1101 new
17     220 ILCS 5/21-1201 new
18     220 ILCS 5/21-1301 new
19     220 ILCS 5/21-1401 new
20     5 ILCS 100/1-5 from Ch. 127, par. 1001-5
21     30 ILCS 805/8.31 new
22     55 ILCS 5/5-1096.5 new
23     65 ILCS 5/11-42-11.2 new
24     735 ILCS 30/15-5-25
25     735 ILCS 30/90-5-25 new