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90_SB0999ham001
LRB9001711JSmgam05
1 AMENDMENT TO SENATE BILL 999
2 AMENDMENT NO. . Amend Senate Bill 999 by replacing
3 the title with the following:
4 "AN ACT concerning community antenna television systems,
5 amending named Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Counties Code is amended by changing
9 Section 5-1095 as follows:
10 (55 ILCS 5/5-1095) (from Ch. 34, par. 5-1095)
11 Sec. 5-1095. Community antenna television systems;
12 satellite transmitted television programming.
13 (a) The County Board may license, tax or franchise the
14 business of operating a community antenna television system
15 or systems within the County and outside of a municipality,
16 as defined in Section 1-1-2 of the Illinois Municipal Code.
17 When an area is annexed to a municipality, the annexing
18 municipality shall thereby become the franchising authority
19 with respect to that portion of any community antenna
20 television system that, immediately before annexation, had
21 provided cable television services within the annexed area
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1 under a franchise granted by the county, and the owner of
2 that community antenna television system shall thereby be
3 authorized to provide cable television services within the
4 annexed area under the terms and provisions of the existing
5 franchise. In that instance, the franchise shall remain in
6 effect until, by its terms, it expires, except that any
7 franchise fees payable under the franchise shall be payable
8 only to the county for a period of 5 years or until, by its
9 terms, the franchise expires, whichever occurs first. After
10 the 5 year period, any franchise fees payable under the
11 franchise shall be paid to the annexing municipality. In any
12 instance in which a duly franchised community antenna
13 television system is providing cable television services
14 within the annexing municipality at the time of annexation,
15 the annexing municipality may permit that franchisee to
16 extend its community antenna television system to the annexed
17 area under terms and conditions that are no more burdensome
18 nor less favorable to that franchisee than those imposed
19 under any community antenna television franchise applicable
20 to the annexed area at the time of annexation. The
21 authorization to extend cable television service to the
22 annexed area and any community antenna television system
23 authorized to provide cable television services within the
24 annexed area at the time of annexation shall not be subject
25 to the provisions of subsection (e) of this Section.
26 (b) "Community antenna television system" as used in
27 this Section, means any facility which is constructed in
28 whole or in part in, on, under or over any highway or other
29 public place and which is operated to perform for hire the
30 service of receiving and amplifying the signals broadcast by
31 one or more television stations and redistributing such
32 signals by wire, cable or other means to members of the
33 public who subscribe to such service except that such term
34 does not include (i) any system which serves fewer than 50
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1 subscribers or (ii) any system which serves only the
2 residents of one or more apartment dwellings under common
3 ownership, control or management, and commercial
4 establishments located on the premises of such dwellings.
5 (c) The authority hereby granted does not include the
6 authority to license or franchise telephone companies subject
7 to the jurisdiction of the Illinois Commerce Commission or
8 the Federal Communications Commission in connection with
9 furnishing circuits, wires, cables or other facilities to the
10 operator of a community antenna television system.
11 The County Board may, in the course of franchising such
12 community antenna television system, grant to such franchisee
13 the authority and the right and permission to use all public
14 streets, rights of way, alleys, ways for public service
15 facilities, parks, playgrounds, school grounds, or other
16 public grounds, in which such county may have an interest,
17 for the construction, installation, operation, maintenance,
18 alteration, addition, extension or improvement of a community
19 antenna television system.
20 Any charge imposed by a community antenna television
21 system franchised pursuant to this Section for the raising or
22 removal of cables or lines to permit passage on, to or from a
23 street shall not exceed the reasonable costs of work
24 reasonably necessary to safely permit such passage. Pursuant
25 to subsections (h) and (i) of Section 6 of Article VII of the
26 Constitution of the State of Illinois, the General Assembly
27 declares the regulation of charges which may be imposed by
28 community antenna television systems for the raising or
29 removal of cables or lines to permit passage on, to or from
30 streets is a power or function to be exercised exclusively by
31 the State and not to be exercised or performed concurrently
32 with the State by any unit of local government, including any
33 home rule unit.
34 The County Board may, upon written request by the
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1 franchisee of a community antenna television system, exercise
2 its right of eminent domain solely for the purpose of
3 granting an easement right no greater than 8 feet in width,
4 extending no greater than 8 feet from any lot line for the
5 purpose of extending cable across any parcel of property in
6 the manner provided for by the law of eminent domain,
7 provided, however, such franchisee deposits with the county
8 sufficient security to pay all costs incurred by the county
9 in the exercise of its right of eminent domain.
10 Except as specifically provided otherwise in this
11 Section, this Section is not a limitation on any home rule
12 county.
13 (d) The General Assembly finds and declares that
14 satellite-transmitted television programming should be
15 available to those who desire to subscribe to such
16 programming and that decoding devices should be obtainable at
17 reasonable prices by those who are unable to obtain
18 satellite-transmitted television programming through duly
19 franchised community antenna television systems.
20 In any instance in which a person is unable to obtain
21 satellite-transmitted television programming through a duly
22 franchised community antenna television system either because
23 the municipality and county in which such person resides has
24 not granted a franchise to operate and maintain a community
25 antenna television system, or because the duly franchised
26 community antenna television system operator does not make
27 cable television services available to such person, any
28 programming company that delivers satellite-transmitted
29 television programming in scrambled or encrypted form shall
30 ensure that devices for decryption of such programming are
31 made available to such person, through the local community
32 antenna television operator or directly, for purchase or
33 lease at prices reasonably related to the cost of manufacture
34 and distribution of such devices.
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1 (e) The General Assembly finds and declares that, in
2 order to ensure that community antenna television services
3 are provided in an orderly, competitive and economically
4 sound manner, the best interests of the public will be served
5 by the establishment of certain minimum standards and
6 procedures for the granting of additional cable television
7 franchises.
8 Subject to the provisions of this subsection, the
9 authority granted under subsection (a) hereof shall include
10 the authority to license, franchise and tax more than one
11 cable operator to provide community antenna television
12 services within the territorial limits of a single
13 franchising authority. For purposes of this subsection (e),
14 the term:
15 (i) "Existing cable television franchise" means a
16 community antenna television franchise granted by a
17 county which is in use at the time such county receives
18 an application or request by another cable operator for a
19 franchise to provide cable antenna television services
20 within all or any portion of the territorial area which
21 is or may be served under the existing cable television
22 franchise.
23 (ii) "Additional cable television franchise" means
24 a franchise pursuant to which community antenna
25 television services may be provided within the
26 territorial areas, or any portion thereof, which may be
27 served under an existing cable television franchise.
28 (iii) "Franchising Authority" is defined as that
29 term is defined under Section 602(9) of the Cable
30 Communications Policy Act of 1984, Public Law 98-549.
31 (iv) "Cable operator" is defined as that term is
32 defined under Section 602(4) of the Cable Communications
33 Policy Act of 1984, Public Law 98-549.
34 Before granting an additional cable television franchise,
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1 the franchising authority shall:
2 (1) Give written notice to the owner or operator of
3 any other community antenna television system franchised
4 to serve all or any portion of the territorial area to be
5 served by such additional cable television franchise,
6 identifying the applicant for such additional franchise
7 and specifying the date, time and place at which the
8 franchising authority shall conduct public hearings to
9 consider and determine whether such additional cable
10 television franchise should be granted.
11 (2) Conduct a public hearing to determine the
12 public need for such additional cable television
13 franchise, the capacity of public rights-of-way to
14 accommodate such additional community antenna television
15 services, the potential disruption to existing users of
16 public rights-of-way to be used by such additional
17 franchise applicant to complete construction and to
18 provide cable television services within the proposed
19 franchise area, the long term economic impact of such
20 additional cable television system within the community,
21 and such other factors as the franchising authority shall
22 deem appropriate.
23 (3) Determine, based upon the foregoing factors,
24 whether it is in the best interest of the county
25 municipality to grant such additional cable television
26 franchise.
27 (4) If the franchising authority shall determine
28 that it is in the best interest of the county
29 municipality to do so, it may grant the additional cable
30 television franchise. Except as provided in paragraph
31 (5) of this subsection (e), provided that no such
32 additional cable television franchise shall be granted
33 under terms or conditions more favorable or less
34 burdensome to the applicant than those required under the
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1 existing cable television franchise, including but not
2 limited to terms and conditions pertaining to the
3 territorial extent of the franchise, system design,
4 technical performance standards, construction schedules,
5 performance bonds, standards for construction and
6 installation of cable television facilities, service to
7 subscribers, public educational and governmental access
8 channels and programming, production assistance,
9 liability and indemnification, and franchise fees.
10 (5) Unless the existing cable television franchise
11 provides that any additional cable television franchise
12 shall be subject to the same terms or substantially
13 equivalent terms and conditions as those of the existing
14 cable television franchise, the franchising authority may
15 grant an additional cable television franchise under
16 different terms and conditions than those of the existing
17 franchise, in which event the franchising authority shall
18 enter into good faith negotiations with the existing
19 franchisee and shall, within 120 days after the effective
20 date of the additional cable television franchise, modify
21 the existing cable television franchise in a manner and
22 to the extent necessary to ensure that neither the
23 existing cable television franchise nor the additional
24 cable television franchise, each considered in its
25 entirety, provides a competitive advantage over the
26 other, provided that prior to modifying the existing
27 cable television franchise, the franchising authority
28 shall have conducted a public hearing to consider the
29 proposed modification. No modification in the terms and
30 conditions of the existing cable television franchise
31 shall oblige the existing cable television franchisee (1)
32 to make any additional payment to the franchising
33 authority, including the payment of any additional
34 franchise fee, (2) to engage in any additional
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1 construction of the existing cable television system or,
2 (3) to modify the specifications or design of the
3 existing cable television system; and the inclusion of
4 the factors identified in items (2) and (3) shall not be
5 considered in determining whether either franchise
6 considered in its entirety, has a competitive advantage
7 over the other except to the extent that the additional
8 franchisee provides additional video or data services or
9 the equipment or facilities necessary to generate and or
10 carry such service. No modification in the terms and
11 conditions of the existing cable television franchise
12 shall be made if the existing cable television franchisee
13 elects to continue to operate under all terms and
14 conditions of the existing franchise.
15 If within the 120 day period the franchising
16 authority and the existing cable television franchisee
17 are unable to reach agreement on modifications to the
18 existing cable television franchise, then the franchising
19 authority shall modify the existing cable television
20 franchise, effective 45 days thereafter, in a manner, and
21 only to the extent, that the terms and conditions of the
22 existing cable television franchise shall no longer
23 impose any duty or obligation on the existing franchisee
24 which is not also imposed under the additional cable
25 television franchise; however, if by the modification the
26 existing cable television franchisee is relieved of
27 duties or obligations not imposed under the additional
28 cable television franchise, then within the same 45 days
29 and following a public hearing concerning modification of
30 the additional cable television franchise within that 45
31 day period, the franchising authority shall modify the
32 additional cable television franchise to the extent
33 necessary to insure that neither the existing cable
34 television franchise nor the additional cable television
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1 franchise, each considered in its entirety, shall have a
2 competitive advantage over the other.
3 No county shall be subject to suit for damages based upon
4 the county's determination to grant or its refusal to grant
5 an additional cable television franchise, provided that a
6 public hearing as herein provided has been held and the
7 franchising authority has determined that it is not in the
8 best interest of the county to grant or refuse to grant such
9 additional franchise, as the case may be.
10 It is declared to be the law of this State, pursuant to
11 paragraphs (h) and (i) of Section 6 of Article VII of the
12 Illinois Constitution, that the establishment of minimum
13 standards and procedures for the granting of additional cable
14 television franchises as provided in this subsection (e) is
15 an exclusive State power and function that may not be
16 exercised concurrently by a home rule unit.
17 (Source: P.A. 86-962; 86-1410; revised 1-27-97.)
18 Section 10. The Illinois Municipal Code is amended by
19 changing Section 11-42-11 as follows:
20 (65 ILCS 5/11-42-11) (from Ch. 24, par. 11-42-11)
21 Sec. 11-42-11. Community antenna television systems;
22 satellite transmitted television programming.
23 (a) The corporate authorities of each municipality may
24 license, franchise and tax the business of operating a
25 community antenna television system as hereinafter defined.
26 In municipalities with less than 2,000,000 inhabitants, the
27 corporate authorities may own (or lease as lessee) and
28 operate a community antenna television system. Before
29 acquiring, constructing, or commencing operation of a
30 community antenna television system, the municipality shall
31 comply with the following:
32 (1) Give written notice to the owner or operator of
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1 any other community antenna television system franchised
2 to serve all or any portion of the territorial area to be
3 served by the municipality's community antenna television
4 system, specifying the date, time, and place at which the
5 municipality shall conduct public hearings to consider
6 and determine whether the municipality should acquire,
7 construct, or commence operation of a community antenna
8 television system. The public hearings shall be
9 conducted at least 14 days after this notice is given.
10 (2) Publish a notice of the hearing in 2 or more
11 newspapers published in the county, city, village,
12 incorporated town, or town, as the case may be. If there
13 is no such newspaper, then notice shall be published in
14 any 2 or more newspapers published in the county and
15 having a general circulation throughout the community.
16 The public hearings shall be conducted at least 14 days
17 after this notice is given.
18 (3) Conduct a public hearing to determine the means
19 by which construction, maintenance, and operation of the
20 system will be financed, including whether the use of tax
21 revenues or other fees will be required.
22 (b) The words "community antenna television system"
23 shall mean any facility which is constructed in whole or in
24 part in, on, under or over any highway or other public place
25 and which is operated to perform for hire the service of
26 receiving and amplifying the signals broadcast by one or more
27 television stations and redistributing such signals by wire,
28 cable or other means to members of the public who subscribe
29 to such service; except that such definition shall not
30 include (i) any system which serves fewer than fifty
31 subscribers, or (ii) any system which serves only the
32 residents of one or more apartment dwellings under common
33 ownership, control or management, and commercial
34 establishments located on the premises of such dwellings.
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1 (c) The authority hereby granted does not include
2 authority to license, franchise or tax telephone companies
3 subject to jurisdiction of the Illinois Commerce Commission
4 or the Federal Communications Commission in connection with
5 the furnishing of circuits, wires, cables, and other
6 facilities to the operator of a community antenna television
7 system.
8 The corporate authorities of each municipality may, in
9 the course of franchising such community antenna television
10 system, grant to such franchisee the authority and the right
11 and permission to use all public streets, rights of way,
12 alleys, ways for public service facilities, parks,
13 playgrounds, school grounds, or other public grounds, in
14 which such municipality may have an interest, for the
15 construction, installation, operation, maintenance,
16 alteration, addition, extension or improvement of a community
17 antenna television system.
18 Any charge imposed by a community antenna television
19 system franchised pursuant to this Section for the raising or
20 removal of cables or lines to permit passage on, to or from a
21 street shall not exceed the reasonable costs of work
22 reasonably necessary to safely permit such passage. Pursuant
23 to subsections (h) and (i) of Section 6 of Article VII of the
24 Constitution of the State of Illinois, the General Assembly
25 declares the regulation of charges which may be imposed by
26 community antenna television systems for the raising or
27 removal of cables or lines to permit passage on, to or from
28 streets is a power or function to be exercised exclusively by
29 the State and not to be exercised or performed concurrently
30 with the State by any unit of local government, including any
31 home rule unit.
32 The municipality may, upon written request by the
33 franchisee of a community antenna television system, exercise
34 its right of eminent domain solely for the purpose of
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1 granting an easement right no greater than 8 feet in width,
2 extending no greater than 8 feet from any lot line for the
3 purpose of extending cable across any parcel of property in
4 the manner provided by the law of eminent domain, provided,
5 however, such franchisee deposits with the municipality
6 sufficient security to pay all costs incurred by the
7 municipality in the exercise of its right of eminent domain.
8 (d) The General Assembly finds and declares that
9 satellite-transmitted television programming should be
10 available to those who desire to subscribe to such
11 programming and that decoding devices should be obtainable at
12 reasonable prices by those who are unable to obtain
13 satellite-transmitted television programming through duly
14 franchised community antenna television systems.
15 In any instance in which a person is unable to obtain
16 satellite-transmitted television programming through a duly
17 franchised community antenna television system either because
18 the municipality and county in which such person resides has
19 not granted a franchise to operate and maintain a community
20 antenna television system, or because the duly franchised
21 community antenna television system operator does not make
22 cable television services available to such person, any
23 programming company that delivers satellite-transmitted
24 television programming in scrambled or encrypted form shall
25 ensure that devices for description of such programming are
26 made available to such person, through the local community
27 antenna television operator or directly, for purchase or
28 lease at prices reasonably related to the cost of manufacture
29 and distribution of such devices.
30 (e) The General Assembly finds and declares that, in
31 order to ensure that community antenna television services
32 are provided in an orderly, competitive and economically
33 sound manner, the best interests of the public will be served
34 by the establishment of certain minimum standards and
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1 procedures for the granting of additional cable television
2 franchises.
3 Subject to the provisions of this subsection, the
4 authority granted under subsection (a) hereof shall include
5 the authority to license, franchise and tax more than one
6 cable operator to provide community antenna television
7 services within the corporate limits of a single franchising
8 authority. For purposes of this subsection (e), the term:
9 (i) "Existing cable television franchise" means a
10 community antenna television franchise granted by a
11 municipality which is in use at the time such
12 municipality receives an application or request by
13 another cable operator for a franchise to provide cable
14 antenna television services within all or any portion of
15 the territorial area which is or may be served under the
16 existing cable television franchise.
17 (ii) "Additional cable television franchise" means
18 a franchise pursuant to which community antenna
19 television services may be provided within the
20 territorial areas, or any portion thereof, which may be
21 served under an existing cable television franchise.
22 (iii) "Franchising Authority" is defined as that
23 term is defined under Section 602(9) of the Cable
24 Communications Policy Act of 1984, Public Law 98-549, but
25 does not include any municipality with a population of
26 1,000,000 or more.
27 (iv) "Cable operator" is defined as that term is
28 defined under Section 602(4) of the Cable Communications
29 Policy Act of 1984, Public Law 98-549.
30 Before granting an additional cable television franchise,
31 the franchising authority shall:
32 (1) Give written notice to the owner or operator of
33 any other community antenna television system franchised
34 to serve all or any portion of the territorial area to be
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1 served by such additional cable television franchise,
2 identifying the applicant for such additional franchise
3 and specifying the date, time and place at which the
4 franchising authority shall conduct public hearings to
5 consider and determine whether such additional cable
6 television franchise should be granted.
7 (2) Conduct a public hearing to determine the
8 public need for such additional cable television
9 franchise, the capacity of public rights-of-way to
10 accommodate such additional community antenna television
11 services, the potential disruption to existing users of
12 public rights-of-way to be used by such additional
13 franchise applicant to complete construction and to
14 provide cable television services within the proposed
15 franchise area, the long term economic impact of such
16 additional cable television system within the community,
17 and such other factors as the franchising authority shall
18 deem appropriate.
19 (3) Determine, based upon the foregoing factors,
20 whether it is in the best interest of the municipality to
21 grant such additional cable television franchise.
22 (4) If the franchising authority shall determine
23 that it is in the best interest of the municipality to do
24 so, it may grant the additional cable television
25 franchise. Except as provided in paragraph (5) of this
26 subsection (e), provided that no such additional cable
27 television franchise shall be granted under terms or
28 conditions more favorable or less burdensome to the
29 applicant than those required under the existing cable
30 television franchise, including but not limited to terms
31 and conditions pertaining to the territorial extent of
32 the franchise, system design, technical performance
33 standards, construction schedules, performance bonds,
34 standards for construction and installation of cable
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1 television facilities, service to subscribers, public
2 educational and governmental access channels and
3 programming, production assistance, liability and
4 indemnification, and franchise fees.
5 (5) Unless the existing cable television franchise
6 provides that any additional cable television franchise
7 shall be subject to the same terms or substantially
8 equivalent terms and conditions as those of the existing
9 cable television franchise, the franchising authority may
10 grant an additional cable television franchise under
11 different terms and conditions than those of the existing
12 franchise, in which event the franchising authority shall
13 enter into good faith negotiations with the existing
14 franchisee and shall, within 120 days after the effective
15 date of the additional cable television franchise, modify
16 the existing cable television franchise in a manner and
17 to the extent necessary to ensure that neither the
18 existing cable television franchise nor the additional
19 cable television franchise, each considered in its
20 entirety, provides a competitive advantage over the
21 other, provided that prior to modifying the existing
22 cable television franchise, the franchising authority
23 shall have conducted a public hearing to consider the
24 proposed modification. No modification in the terms and
25 conditions of the existing cable television franchise
26 shall oblige the existing cable television franchisee (1)
27 to make any additional payment to the franchising
28 authority, including the payment of any additional
29 franchise fee, (2) to engage in any additional
30 construction of the existing cable television system or,
31 (3) to modify the specifications or design of the
32 existing cable television system; and the inclusion of
33 the factors identified in items (2) and (3) shall not be
34 considered in determining whether either franchise
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1 considered in its entirety, has a competitive advantage
2 over the other except to the extent that the additional
3 franchisee provides additional video or data services or
4 the equipment or facilities necessary to generate and or
5 carry such service. No modification in the terms and
6 conditions of the existing cable television franchise
7 shall be made if the existing cable television franchisee
8 elects to continue to operate under all terms and
9 conditions of the existing franchise.
10 If within the 120 day period the franchising
11 authority and the existing cable television franchisee
12 are unable to reach agreement on modifications to the
13 existing cable television franchise, then the franchising
14 authority shall modify the existing cable television
15 franchise, effective 45 days thereafter, in a manner, and
16 only to the extent, that the terms and conditions of the
17 existing cable television franchise shall no longer
18 impose any duty or obligation on the existing franchisee
19 which is not also imposed under the additional cable
20 television franchise; however, if by the modification the
21 existing cable television franchisee is relieved of
22 duties or obligations not imposed under the additional
23 cable television franchise, then within the same 45 days
24 and following a public hearing concerning modification of
25 the additional cable television franchise within that 45
26 day period, the franchising authority shall modify the
27 additional cable television franchise to the extent
28 necessary to insure that neither the existing cable
29 television franchise nor the additional cable television
30 franchise, each considered in its entirety, shall have a
31 competitive advantage over the other.
32 No municipality shall be subject to suit for damages
33 based upon the municipality's determination to grant or its
34 refusal to grant an additional cable television franchise,
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1 provided that a public hearing as herein provided has been
2 held and the franchising authority has determined that it is
3 not in the best interest of the municipality to grant or
4 refuse to grant such additional franchise, as the case may
5 be.
6 It is declared to be the law of this State, pursuant to
7 paragraphs (h) and (i) of Section 6 of Article VII of the
8 Illinois Constitution, that the establishment of minimum
9 standards and procedures for the granting of additional cable
10 television franchises by municipalities with a population
11 less than 1,000,000 as provided in this subsection (e) is an
12 exclusive State power and function that may not be exercised
13 concurrently by a home rule unit.
14 (Source: P.A. 89-657, eff. 8-14-96.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.".