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90_SB0999
55 ILCS 5/5-1095 from Ch. 34, par. 5-1095
65 ILCS 5/11-42-11 from Ch. 24, par. 11-42-11
Amends the Counties Code and the Illinois Municipal Code.
Provides that when deciding whether to grant an additional
cable television franchise, the franchising authority shall
consider the statutory factors and consider and evaluate the
terms and conditions of the existing franchise and the terms
and conditions of the proposed franchise. Provides that if
it is determined to be in the best interest to grant the
additional franchise, the franchising authority must make a
written finding that the terms and conditions of the proposed
franchise are no more favorable or less burdensome than the
terms and conditions of the existing franchise and grant the
franchise. Provides the decision as to whether the terms and
conditions are equivalent rests solely with the franchising
authority. Provides that counties and municipalities are not
subject to suit for damages based upon the decision to grant
or refusal to grant additional franchise. Effective
immediately.
LRB9001711DNsb
LRB9001711DNsb
1 AN ACT concerning community antenna television systems,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 5-1095 as follows:
7 (55 ILCS 5/5-1095) (from Ch. 34, par. 5-1095)
8 Sec. 5-1095. Community antenna television systems;
9 satellite transmitted television programming.
10 (a) The County Board may license, tax or franchise the
11 business of operating a community antenna television system
12 or systems within the County and outside of a municipality,
13 as defined in Section 1-1-2 of the Illinois Municipal Code.
14 When an area is annexed to a municipality, the annexing
15 municipality shall thereby become the franchising authority
16 with respect to that portion of any community antenna
17 television system that, immediately before annexation, had
18 provided cable television services within the annexed area
19 under a franchise granted by the county, and the owner of
20 that community antenna television system shall thereby be
21 authorized to provide cable television services within the
22 annexed area under the terms and provisions of the existing
23 franchise. In that instance, the franchise shall remain in
24 effect until, by its terms, it expires, except that any
25 franchise fees payable under the franchise shall be payable
26 only to the county for a period of 5 years or until, by its
27 terms, the franchise expires, whichever occurs first. After
28 the 5 year period, any franchise fees payable under the
29 franchise shall be paid to the annexing municipality. In any
30 instance in which a duly franchised community antenna
31 television system is providing cable television services
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1 within the annexing municipality at the time of annexation,
2 the annexing municipality may permit that franchisee to
3 extend its community antenna television system to the annexed
4 area under terms and conditions that are no more burdensome
5 nor less favorable to that franchisee than those imposed
6 under any community antenna television franchise applicable
7 to the annexed area at the time of annexation. The
8 authorization to extend cable television service to the
9 annexed area and any community antenna television system
10 authorized to provide cable television services within the
11 annexed area at the time of annexation shall not be subject
12 to the provisions of subsection (e) of this Section.
13 (b) "Community antenna television system" as used in
14 this Section, means any facility which is constructed in
15 whole or in part in, on, under or over any highway or other
16 public place and which is operated to perform for hire the
17 service of receiving and amplifying the signals broadcast by
18 one or more television stations and redistributing such
19 signals by wire, cable or other means to members of the
20 public who subscribe to such service except that such term
21 does not include (i) any system which serves fewer than 50
22 subscribers or (ii) any system which serves only the
23 residents of one or more apartment dwellings under common
24 ownership, control or management, and commercial
25 establishments located on the premises of such dwellings.
26 (c) The authority hereby granted does not include the
27 authority to license or franchise telephone companies subject
28 to the jurisdiction of the Illinois Commerce Commission or
29 the Federal Communications Commission in connection with
30 furnishing circuits, wires, cables or other facilities to the
31 operator of a community antenna television system.
32 The County Board may, in the course of franchising such
33 community antenna television system, grant to such franchisee
34 the authority and the right and permission to use all public
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1 streets, rights of way, alleys, ways for public service
2 facilities, parks, playgrounds, school grounds, or other
3 public grounds, in which such county may have an interest,
4 for the construction, installation, operation, maintenance,
5 alteration, addition, extension or improvement of a community
6 antenna television system.
7 Any charge imposed by a community antenna television
8 system franchised pursuant to this Section for the raising or
9 removal of cables or lines to permit passage on, to or from a
10 street shall not exceed the reasonable costs of work
11 reasonably necessary to safely permit such passage. Pursuant
12 to subsections (h) and (i) of Section 6 of Article VII of the
13 Constitution of the State of Illinois, the General Assembly
14 declares the regulation of charges which may be imposed by
15 community antenna television systems for the raising or
16 removal of cables or lines to permit passage on, to or from
17 streets is a power or function to be exercised exclusively by
18 the State and not to be exercised or performed concurrently
19 with the State by any unit of local government, including any
20 home rule unit.
21 The County Board may, upon written request by the
22 franchisee of a community antenna television system, exercise
23 its right of eminent domain solely for the purpose of
24 granting an easement right no greater than 8 feet in width,
25 extending no greater than 8 feet from any lot line for the
26 purpose of extending cable across any parcel of property in
27 the manner provided for by the law of eminent domain,
28 provided, however, such franchisee deposits with the county
29 sufficient security to pay all costs incurred by the county
30 in the exercise of its right of eminent domain.
31 Except as specifically provided otherwise in this
32 Section, this Section is not a limitation on any home rule
33 county.
34 (d) The General Assembly finds and declares that
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1 satellite-transmitted television programming should be
2 available to those who desire to subscribe to such
3 programming and that decoding devices should be obtainable at
4 reasonable prices by those who are unable to obtain
5 satellite-transmitted television programming through duly
6 franchised community antenna television systems.
7 In any instance in which a person is unable to obtain
8 satellite-transmitted television programming through a duly
9 franchised community antenna television system either because
10 the municipality and county in which such person resides has
11 not granted a franchise to operate and maintain a community
12 antenna television system, or because the duly franchised
13 community antenna television system operator does not make
14 cable television services available to such person, any
15 programming company that delivers satellite-transmitted
16 television programming in scrambled or encrypted form shall
17 ensure that devices for decryption of such programming are
18 made available to such person, through the local community
19 antenna television operator or directly, for purchase or
20 lease at prices reasonably related to the cost of manufacture
21 and distribution of such devices.
22 (e) The General Assembly finds and declares that, in
23 order to ensure that community antenna television services
24 are provided in an orderly, competitive and economically
25 sound manner, the best interests of the public will be served
26 by the establishment of certain minimum standards and
27 procedures for the granting of additional cable television
28 franchises.
29 Subject to the provisions of this subsection, the
30 authority granted under subsection (a) hereof shall include
31 the authority to license, franchise and tax more than one
32 cable operator to provide community antenna television
33 services within the territorial limits of a single
34 franchising authority. For purposes of this subsection (e),
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1 the term:
2 (i) "Existing cable television franchise" means a
3 community antenna television franchise granted by a
4 county which is in use at the time such county receives
5 an application or request by another cable operator for a
6 franchise to provide cable antenna television services
7 within all or any portion of the territorial area which
8 is or may be served under the existing cable television
9 franchise.
10 (ii) "Additional cable television franchise" means
11 a franchise pursuant to which community antenna
12 television services may be provided within the
13 territorial areas, or any portion thereof, which may be
14 served under an existing cable television franchise.
15 (iii) "Franchising Authority" is defined as that
16 term is defined under Section 602(9) of the Cable
17 Communications Policy Act of 1984, Public Law 98-549.
18 (iv) "Cable operator" is defined as that term is
19 defined under Section 602(4) of the Cable Communications
20 Policy Act of 1984, Public Law 98-549.
21 Before granting an additional cable television franchise,
22 the franchising authority shall:
23 (1) Give written notice to the owner or operator of
24 any other community antenna television system franchised
25 to serve all or any portion of the territorial area to be
26 served by such additional cable television franchise,
27 identifying the applicant for such additional franchise
28 and specifying the date, time and place at which the
29 franchising authority shall conduct public hearings to
30 consider and determine whether such additional cable
31 television franchise should be granted.
32 (2) Conduct a public hearing to determine the
33 public need for such additional cable television
34 franchise, the capacity of public rights-of-way to
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1 accommodate such additional community antenna television
2 services, the potential disruption to existing users of
3 public rights-of-way to be used by such additional
4 franchise applicant to complete construction and to
5 provide cable television services within the proposed
6 franchise area, the long term economic impact of such
7 additional cable television system within the community,
8 and such other factors as the franchising authority shall
9 deem appropriate.
10 (3) Determine, based upon the foregoing factors,
11 whether it is in the best interest of the county
12 municipality to grant such additional cable television
13 franchise. In determining whether it is in the best
14 interest of the county to grant an additional cable
15 television franchise, the franchising authority shall
16 consider the foregoing factors set forth in subsection
17 (e)(2) and shall consider and evaluate the terms and
18 conditions of the existing cable television franchise and
19 the proposed terms and conditions of the additional cable
20 television franchise in their entirety.
21 (4) If, based upon the foregoing factors, the
22 franchising authority determines shall determine that it
23 is in the best interest of the county municipality to do
24 so, it may grant the additional cable television
25 franchise, the franchising authority shall make a written
26 finding provided that the no such additional cable
27 television franchise shall be granted under terms and or
28 conditions of the additional cable television franchise
29 are no more favorable nor or less burdensome to the
30 applicant than those required under the existing cable
31 television franchise (, including but not limited to
32 terms and conditions pertaining to the territorial extent
33 of the franchise, system design, technical performance
34 standards, construction schedules, performance bonds,
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1 standards for construction and installation of cable
2 television facilities, service to subscribers, public
3 educational and governmental access channels and
4 programming, production assistance, liability and
5 indemnification, and franchise fees) and grant the
6 franchise.
7 The determination as to whether the terms and conditions
8 of any additional cable television franchise are more
9 favorable or less burdensome to the applicant than those
10 required under the existing cable television franchise rests
11 solely with the franchising authority.
12 No county shall be subject to suit for damages based upon
13 the county's determination to grant or its refusal to grant
14 an additional cable television franchise, provided that a
15 public hearing as herein provided has been held and the
16 franchising authority has determined that it is not in the
17 best interest of the county to grant or to refuse to grant
18 such additional franchise, as the case may be.
19 It is declared to be the law of this State, pursuant to
20 paragraphs (h) and (i) of Section 6 of Article VII of the
21 Illinois Constitution, that the establishment of minimum
22 standards and procedures for the granting of additional cable
23 television franchises as provided in this subsection (e) is
24 an exclusive State power and function that may not be
25 exercised concurrently by a home rule unit.
26 (Source: P.A. 86-962; 86-1410.)
27 Section 10. The Illinois Municipal Code is amended by
28 changing Section 11-42-11 as follows:
29 (65 ILCS 5/11-42-11) (from Ch. 24, par. 11-42-11)
30 Sec. 11-42-11. Community antenna television systems;
31 satellite transmitted television programming.
32 (a) The corporate authorities of each municipality may
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1 license, franchise and tax the business of operating a
2 community antenna television system as hereinafter defined.
3 In municipalities with less than 2,000,000 inhabitants, the
4 corporate authorities may own (or lease as lessee) and
5 operate a community antenna television system. Before
6 acquiring, constructing, or commencing operation of a
7 community antenna television system, the municipality shall
8 comply with the following:
9 (1) Give written notice to the owner or operator of
10 any other community antenna television system franchised
11 to serve all or any portion of the territorial area to be
12 served by the municipality's community antenna television
13 system, specifying the date, time, and place at which the
14 municipality shall conduct public hearings to consider
15 and determine whether the municipality should acquire,
16 construct, or commence operation of a community antenna
17 television system. The public hearings shall be
18 conducted at least 14 days after this notice is given.
19 (2) Publish a notice of the hearing in 2 or more
20 newspapers published in the county, city, village,
21 incorporated town, or town, as the case may be. If there
22 is no such newspaper, then notice shall be published in
23 any 2 or more newspapers published in the county and
24 having a general circulation throughout the community.
25 The public hearings shall be conducted at least 14 days
26 after this notice is given.
27 (3) Conduct a public hearing to determine the means
28 by which construction, maintenance, and operation of the
29 system will be financed, including whether the use of tax
30 revenues or other fees will be required.
31 (b) The words "community antenna television system"
32 shall mean any facility which is constructed in whole or in
33 part in, on, under or over any highway or other public place
34 and which is operated to perform for hire the service of
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1 receiving and amplifying the signals broadcast by one or more
2 television stations and redistributing such signals by wire,
3 cable or other means to members of the public who subscribe
4 to such service; except that such definition shall not
5 include (i) any system which serves fewer than fifty
6 subscribers, or (ii) any system which serves only the
7 residents of one or more apartment dwellings under common
8 ownership, control or management, and commercial
9 establishments located on the premises of such dwellings.
10 (c) The authority hereby granted does not include
11 authority to license, franchise or tax telephone companies
12 subject to jurisdiction of the Illinois Commerce Commission
13 or the Federal Communications Commission in connection with
14 the furnishing of circuits, wires, cables, and other
15 facilities to the operator of a community antenna television
16 system.
17 The corporate authorities of each municipality may, in
18 the course of franchising such community antenna television
19 system, grant to such franchisee the authority and the right
20 and permission to use all public streets, rights of way,
21 alleys, ways for public service facilities, parks,
22 playgrounds, school grounds, or other public grounds, in
23 which such municipality may have an interest, for the
24 construction, installation, operation, maintenance,
25 alteration, addition, extension or improvement of a community
26 antenna television system.
27 Any charge imposed by a community antenna television
28 system franchised pursuant to this Section for the raising or
29 removal of cables or lines to permit passage on, to or from a
30 street shall not exceed the reasonable costs of work
31 reasonably necessary to safely permit such passage. Pursuant
32 to subsections (h) and (i) of Section 6 of Article VII of the
33 Constitution of the State of Illinois, the General Assembly
34 declares the regulation of charges which may be imposed by
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1 community antenna television systems for the raising or
2 removal of cables or lines to permit passage on, to or from
3 streets is a power or function to be exercised exclusively by
4 the State and not to be exercised or performed concurrently
5 with the State by any unit of local government, including any
6 home rule unit.
7 The municipality may, upon written request by the
8 franchisee of a community antenna television system, exercise
9 its right of eminent domain solely for the purpose of
10 granting an easement right no greater than 8 feet in width,
11 extending no greater than 8 feet from any lot line for the
12 purpose of extending cable across any parcel of property in
13 the manner provided by the law of eminent domain, provided,
14 however, such franchisee deposits with the municipality
15 sufficient security to pay all costs incurred by the
16 municipality in the exercise of its right of eminent domain.
17 (d) The General Assembly finds and declares that
18 satellite-transmitted television programming should be
19 available to those who desire to subscribe to such
20 programming and that decoding devices should be obtainable at
21 reasonable prices by those who are unable to obtain
22 satellite-transmitted television programming through duly
23 franchised community antenna television systems.
24 In any instance in which a person is unable to obtain
25 satellite-transmitted television programming through a duly
26 franchised community antenna television system either because
27 the municipality and county in which such person resides has
28 not granted a franchise to operate and maintain a community
29 antenna television system, or because the duly franchised
30 community antenna television system operator does not make
31 cable television services available to such person, any
32 programming company that delivers satellite-transmitted
33 television programming in scrambled or encrypted form shall
34 ensure that devices for description of such programming are
-11- LRB9001711DNsb
1 made available to such person, through the local community
2 antenna television operator or directly, for purchase or
3 lease at prices reasonably related to the cost of manufacture
4 and distribution of such devices.
5 (e) The General Assembly finds and declares that, in
6 order to ensure that community antenna television services
7 are provided in an orderly, competitive and economically
8 sound manner, the best interests of the public will be served
9 by the establishment of certain minimum standards and
10 procedures for the granting of additional cable television
11 franchises.
12 Subject to the provisions of this subsection, the
13 authority granted under subsection (a) hereof shall include
14 the authority to license, franchise and tax more than one
15 cable operator to provide community antenna television
16 services within the corporate limits of a single franchising
17 authority. For purposes of this subsection (e), the term:
18 (i) "Existing cable television franchise" means a
19 community antenna television franchise granted by a
20 municipality which is in use at the time such
21 municipality receives an application or request by
22 another cable operator for a franchise to provide cable
23 antenna television services within all or any portion of
24 the territorial area which is or may be served under the
25 existing cable television franchise.
26 (ii) "Additional cable television franchise" means
27 a franchise pursuant to which community antenna
28 television services may be provided within the
29 territorial areas, or any portion thereof, which may be
30 served under an existing cable television franchise.
31 (iii) "Franchising Authority" is defined as that
32 term is defined under Section 602(9) of the Cable
33 Communications Policy Act of 1984, Public Law 98-549, but
34 does not include any municipality with a population of
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1 1,000,000 or more.
2 (iv) "Cable operator" is defined as that term is
3 defined under Section 602(4) of the Cable Communications
4 Policy Act of 1984, Public Law 98-549.
5 Before granting an additional cable television franchise,
6 the franchising authority shall:
7 (1) Give written notice to the owner or operator of
8 any other community antenna television system franchised
9 to serve all or any portion of the territorial area to be
10 served by such additional cable television franchise,
11 identifying the applicant for such additional franchise
12 and specifying the date, time and place at which the
13 franchising authority shall conduct public hearings to
14 consider and determine whether such additional cable
15 television franchise should be granted.
16 (2) Conduct a public hearing to determine the
17 public need for such additional cable television
18 franchise, the capacity of public rights-of-way to
19 accommodate such additional community antenna television
20 services, the potential disruption to existing users of
21 public rights-of-way to be used by such additional
22 franchise applicant to complete construction and to
23 provide cable television services within the proposed
24 franchise area, the long term economic impact of such
25 additional cable television system within the community,
26 and such other factors as the franchising authority shall
27 deem appropriate.
28 (3) Determine, based upon the foregoing factors,
29 whether it is in the best interest of the municipality to
30 grant such additional cable television franchise. In
31 determining whether it is in the best interest of the
32 municipality to grant an additional cable television
33 franchise, the franchising authority shall consider the
34 foregoing factors set forth in subsection (e)(2) and
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1 shall consider and evaluate the terms and conditions of
2 the existing cable television franchise and the proposed
3 terms and conditions of the additional cable television
4 franchise in their entirety.
5 (4) If, based upon the foregoing factors, the
6 franchising authority determines shall determine that it
7 is in the best interest of the municipality to do so, it
8 may grant the additional cable television franchise, the
9 franchising authority shall make a written finding
10 provided that the no such additional cable television
11 ranchise shall be granted under terms and or conditions
12 of the additional cable television franchise are no more
13 favorable nor or less burdensome to the applicant than
14 those required under the existing cable television
15 franchise, including but not limited to terms and
16 conditions pertaining to the territorial extent of the
17 franchise, system design, technical performance
18 standards, construction schedules, performance bonds,
19 standards for construction and installation of cable
20 television facilities, service to subscribers, public
21 educational and governmental access channels and
22 programming, production assistance, liability and
23 indemnification, and franchise fees) and grant the
24 franchise.
25 The determination as to whether the terms and conditions
26 of any additional cable television franchise are more
27 favorable or less burdensome to the applicant than those
28 required under the existing cable television franchise rests
29 solely with the franchising authority.
30 No municipality shall be subject to suit for damages
31 based upon the municipality's determination to grant or its
32 refusal to grant an additional cable television franchise,
33 provided that a public hearing as herein provided has been
34 held and the franchising authority has determined that it is
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1 not in the best interest of the municipality to grant or to
2 refuse to grant such additional franchise, as the case may
3 be.
4 It is declared to be the law of this State, pursuant to
5 paragraphs (h) and (i) of Section 6 of Article VII of the
6 Illinois Constitution, that the establishment of minimum
7 standards and procedures for the granting of additional cable
8 television franchises by municipalities with a population
9 less than 1,000,000 as provided in this subsection (e) is an
10 exclusive State power and function that may not be exercised
11 concurrently by a home rule unit.
12 (Source: P.A. 89-657, eff. 8-14-96.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.