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91_HB1749
LRB9104276DHmg
1 AN ACT to amend the Counties Code by changing Section
2 5-1095.
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 the such
21 term does not include (i) any system which serves fewer than
22 50 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 those such
26 dwellings.
27 (c) The authority hereby granted by this Section does
28 not include the authority to license or franchise telephone
29 companies subject to the jurisdiction of the Illinois
30 Commerce Commission or the Federal Communications Commission
31 in connection with furnishing circuits, wires, cables or
32 other facilities to the operator of a community antenna
33 television system.
34 The county board may, in the course of franchising a such
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1 such
2 franchisee the authority and the right and permission to use
3 all public streets, rights of way, alleys, ways for public
4 service facilities, parks, playgrounds, school grounds, or
5 other public grounds, in which the such county may have an
6 interest, for the construction, installation, operation,
7 maintenance, alteration, addition, extension or improvement
8 of a community antenna television system.
9 Any charge imposed by a community antenna television
10 system franchised pursuant to this Section for the raising or
11 removal of cables or lines to permit passage on, to or from a
12 street shall not exceed the reasonable costs of work
13 reasonably necessary to safely permit such passage. Pursuant
14 to subsections (h) and (i) of Section 6 of Article VII of the
15 Constitution of the State of Illinois, the General Assembly
16 declares the regulation of charges which may be imposed by
17 community antenna television systems for the raising or
18 removal of cables or lines to permit passage on, to or from
19 streets is a power or function to be exercised exclusively by
20 the State and not to be exercised or performed concurrently
21 with the State by any unit of local government, including any
22 home rule unit.
23 The county board may, upon written request by the
24 franchisee of a community antenna television system, exercise
25 its right of eminent domain solely for the purpose of
26 granting an easement right no greater than 8 feet in width,
27 extending no greater than 8 feet from any lot line for the
28 purpose of extending cable across any parcel of property in
29 the manner provided for by the law of eminent domain,
30 provided, however, the such franchisee deposits with the
31 county sufficient security to pay all costs incurred by the
32 county in the exercise of its right of eminent domain.
33 Except as specifically provided otherwise in this
34 Section, this Section is not a limitation on any home rule
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1 county.
2 (d) The General Assembly finds and declares that
3 satellite-transmitted television programming should be
4 available to those who desire to subscribe to that such
5 programming and that decoding devices should be obtainable at
6 reasonable prices by those who are unable to obtain
7 satellite-transmitted television programming through duly
8 franchised community antenna television systems.
9 In any instance in which a person is unable to obtain
10 satellite-transmitted television programming through a duly
11 franchised community antenna television system either because
12 the municipality and county in which that such person resides
13 has not granted a franchise to operate and maintain a
14 community antenna television system, or because the duly
15 franchised community antenna television system operator does
16 not make cable television services available to the such
17 person, any programming company that delivers
18 satellite-transmitted television programming in scrambled or
19 encrypted form shall ensure that devices for decryption of
20 such programming are made available to such person, through
21 the local community antenna television operator or directly,
22 for purchase or lease at prices reasonably related to the
23 cost of manufacture and distribution of those such devices.
24 (e) The General Assembly finds and declares that, in
25 order to ensure that community antenna television services
26 are provided in an orderly, competitive and economically
27 sound manner, the best interests of the public will be served
28 by the establishment of certain minimum standards and
29 procedures for the granting of additional cable television
30 franchises.
31 Subject to the provisions of this subsection, the
32 authority granted under subsection (a) hereof shall include
33 the authority to license, franchise and tax more than one
34 cable operator to provide community antenna television
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1 services within the territorial limits of a single
2 franchising authority. For purposes of this subsection (e),
3 the term:
4 (i) "Existing cable television franchise" means a
5 community antenna television franchise granted by a
6 county which is in use at the time such county receives
7 an application or request by another cable operator for a
8 franchise to provide cable antenna television services
9 within all or any portion of the territorial area which
10 is or may be served under the existing cable television
11 franchise.
12 (ii) "Additional cable television franchise" means
13 a franchise pursuant to which community antenna
14 television services may be provided within the
15 territorial areas, or any portion thereof, which may be
16 served under an existing cable television franchise.
17 (iii) "Franchising Authority" is defined as that
18 term is defined under Section 602(9) of the Cable
19 Communications Policy Act of 1984, Public Law 98-549.
20 (iv) "Cable operator" is defined as that term is
21 defined under Section 602(4) of the Cable Communications
22 Policy Act of 1984, Public Law 98-549.
23 Before granting an additional cable television franchise,
24 the franchising authority shall:
25 (1) Give written notice to the owner or operator of
26 any other community antenna television system franchised
27 to serve all or any portion of the territorial area to be
28 served by the such additional cable television franchise,
29 identifying the applicant for the such additional
30 franchise and specifying the date, time and place at
31 which the franchising authority shall conduct public
32 hearings to consider and determine whether the such
33 additional cable television franchise should be granted.
34 (2) Conduct a public hearing to determine the
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1 public need for an such additional cable television
2 franchise, the capacity of public rights-of-way to
3 accommodate such additional community antenna television
4 services, the potential disruption to existing users of
5 public rights-of-way to be used by the such additional
6 franchise applicant to complete construction and to
7 provide cable television services within the proposed
8 franchise area, the long term economic impact of an such
9 additional cable television system within the community,
10 and any such other factors as the franchising authority
11 considers shall deem appropriate.
12 (3) Determine, based upon the foregoing factors,
13 whether it is in the best interest of the county to grant
14 the such additional cable television franchise.
15 (4) If the franchising authority shall determine
16 that it is in the best interest of the county to do so,
17 it may grant the additional cable television franchise.
18 Except as provided in paragraph (5) of this subsection
19 (e), no such additional cable television franchise shall
20 be granted under terms or conditions more favorable or
21 less burdensome to the applicant than those required
22 under the existing cable television franchise, including
23 but not limited to terms and conditions pertaining to the
24 territorial extent of the franchise, system design,
25 technical performance standards, construction schedules,
26 performance bonds, standards for construction and
27 installation of cable television facilities, service to
28 subscribers, public educational and governmental access
29 channels and programming, production assistance,
30 liability and indemnification, and franchise fees.
31 (5) Unless the existing cable television franchise
32 provides that any additional cable television franchise
33 shall be subject to the same terms or substantially
34 equivalent terms and conditions as those of the existing
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1 cable television franchise, the franchising authority may
2 grant an additional cable television franchise under
3 different terms and conditions than those of the existing
4 franchise, in which event the franchising authority shall
5 enter into good faith negotiations with the existing
6 franchisee and shall, within 120 days after the effective
7 date of the additional cable television franchise, modify
8 the existing cable television franchise in a manner and
9 to the extent necessary to ensure that neither the
10 existing cable television franchise nor the additional
11 cable television franchise, each considered in its
12 entirety, provides a competitive advantage over the
13 other, provided that prior to modifying the existing
14 cable television franchise, the franchising authority
15 must conduct shall have conducted a public hearing to
16 consider the proposed modification. No modification in
17 the terms and conditions of the existing cable television
18 franchise shall oblige the existing cable television
19 franchisee (1) to make any additional payment to the
20 franchising authority, including the payment of any
21 additional franchise fee, (2) to engage in any additional
22 construction of the existing cable television system or,
23 (3) to modify the specifications or design of the
24 existing cable television system; and the inclusion of
25 the factors identified in items (2) and (3) shall not be
26 considered in determining whether either franchise
27 considered in its entirety, has a competitive advantage
28 over the other except to the extent that the additional
29 franchisee provides additional video or data services or
30 the equipment or facilities necessary to generate and or
31 carry such service. No modification in the terms and
32 conditions of the existing cable television franchise
33 shall be made if the existing cable television franchisee
34 elects to continue to operate under all terms and
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1 conditions of the existing franchise.
2 If within the 120-day period the franchising
3 authority and the existing cable television franchisee
4 are unable to reach agreement on modifications to the
5 existing cable television franchise, then the franchising
6 authority shall modify the existing cable television
7 franchise, effective 45 days thereafter, in a manner, and
8 only to the extent, that the terms and conditions of the
9 existing cable television franchise shall no longer
10 impose any duty or obligation on the existing franchisee
11 which is not also imposed under the additional cable
12 television franchise; however, if by the modification the
13 existing cable television franchisee is relieved of
14 duties or obligations not imposed under the additional
15 cable television franchise, then within the same 45 days
16 and following a public hearing concerning modification of
17 the additional cable television franchise within that
18 45-day period, the franchising authority shall modify the
19 additional cable television franchise to the extent
20 necessary to insure that neither the existing cable
21 television franchise nor the additional cable television
22 franchise, each considered in its entirety, shall have a
23 competitive advantage over the other.
24 No county shall be subject to suit for damages based upon
25 the county's determination to grant or its refusal to grant
26 an additional cable television franchise, provided that a
27 public hearing as herein provided has been held and the
28 franchising authority has determined that it is in the best
29 interest of the county to grant or refuse to grant the such
30 additional franchise, as the case may be.
31 It is declared to be the law of this State, pursuant to
32 paragraphs (h) and (i) of Section 6 of Article VII of the
33 Illinois Constitution, that the establishment of minimum
34 standards and procedures for the granting of additional cable
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1 television franchises as provided in this subsection (e) is
2 an exclusive State power and function that may not be
3 exercised concurrently by a home rule unit.
4 (Source: P.A. 90-14, eff. 7-1-97; 90-285, eff. 7-31-97.)