Public Act 90-0450 of the 90th General Assembly

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Public Act 90-0450

SB691 Enrolled                                 LRB9003181DNmb

    AN ACT concerning community antenna television systems.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Counties  Code  is amended by changing
Section 5-1096 as follows:

    (55 ILCS 5/5-1096) (from Ch. 34, par. 5-1096)
    Sec.  5-1096.  Community  antenna   television   systems;
interference with and payment for access.
    (a)  In  any  instance  in  which  a county has granted a
franchise to any  community  antenna  television  company  to
construct,  operate  or  maintain  a  cable television system
within  a  designated  franchise  area,  no  property  owner,
condominium association,  managing  agent,  lessee  or  other
person  in  possession or control of any residential building
located within such designated franchise area shall forbid or
prevent any occupant, tenant or lessee of any  such  building
from receiving cable television service from such franchisee,
nor  demand  or accept payment from any such occupant, tenant
or lessee in any  form  as  a  condition  of  permitting  the
installation   of   cable   television   facilities   or  the
maintenance of cable television service in any such  building
or  any  portion thereof occupied or leased by such occupant,
tenant  or  lessee,  nor  shall  any  such  property   owner,
condominium  association,  managing  agent,  lessee  or other
person discriminate in rental charges  or  otherwise  against
any  occupant,  tenant  or  lessee  receiving  cable service;
provided, however,  that  the  owner  of  such  building  may
require,  in  exchange and as compensation for permitting the
installation of cable television facilities within  and  upon
such building, the payment of just compensation to be paid by
the  cable  television  franchisee  which provides such cable
television service, said sum to be determined  in  accordance
with  the provisions of subparagraphs (c) and (d) hereof, and
provided  further  that  the  cable   television   franchisee
installing  such  cable  television facilities shall agree to
indemnify the owner of such building for any damage caused by
the  installation,  operation  or  removal  of   such   cable
television facilities and service.
    No  community  antenna  television  company shall install
cable television facilities  within  a  residential  building
pursuant  to this subparagraph (a) unless an occupant, tenant
or lessee of such residential building requests the  delivery
of cable television services.
    (b)  In  any  instance  in  which  a county has granted a
franchise to any  community  antenna  television  company  to
construct,  operate  or  maintain  a  cable television system
within  a  designated  franchise  area,  no  property  owner,
condominium association,  managing  agent,  lessee  or  other
person   in   possession  and  control  of  any  improved  or
unimproved  real  estate  located  within   such   designated
franchise  area shall forbid or prevent such cable television
franchisee from  entering  upon  such  real  estate  for  the
purpose  of  and  in  connection  with  the  construction  or
installation  of  such  cable  television  system  and  cable
television  facilities,  nor  shall  any such property owner,
condominium association,  managing  agent,  lessee  or  other
person in possession or control of such real estate forbid or
prevent such cable television franchisee from constructing or
installing  upon, beneath or over such real estate, including
any buildings or other structures located thereon,  hardware,
cable,   equipment,   materials  or  other  cable  television
facilities  utilized  by  such  cable   franchisee   in   the
construction   and  installation  of  such  cable  television
system; provided, however, that the owner of  any  such  real
estate  may  require,  in  exchange  and  as compensation for
permitting  the  construction  or   installation   of   cable
television facilities upon, beneath or over such real estate,
the  payment  of  just  compensation  by the cable television
franchisee which provides such cable television service, said
sum to be determined in accordance  with  the  provisions  of
subparagraphs  (c)  and (d) hereof, and provided further that
the cable television franchisee  constructing  or  installing
such cable television facilities shall agree to indemnify the
owner  of  such  real  estate  for  any  damage caused by the
installation, operation or removal of such  cable  television
facilities and service.
    (c)  In  any instance in which the owner of a residential
building or the owner of improved or unimproved  real  estate
intends to require the payment of just compensation in excess
of  $1  in  exchange for permitting the installation of cable
television facilities in and upon  such  building,  or  upon,
beneath  or  over  such  real  estate,  the owner shall serve
written notice thereof upon the cable television  franchisee.
Any such notice shall be served within 20 days of the date on
which   such  owner  is  notified  of  the  cable  television
franchisee's  intention  to  construct   or   install   cable
television  facilities  in  and  upon such building, or upon,
beneath or over such real estate.  Unless  timely  notice  as
herein provided is given by the owner to the cable television
franchisee,  it  will be conclusively presumed that the owner
of any such building or real estate does not claim or  intend
to  require a payment of more than $1 in exchange and as just
compensation  for  permitting  the  installation   of   cable
television facilities within and upon such building, or upon,
beneath  or over such real estate. In any instance in which a
cable  television  franchisee  intends   to   install   cable
television  facilities  as herein provided, written notice of
such  intention  shall  be  sent  by  the  cable   television
franchisee   to   the  property  owner  or  to  such  person,
association or managing agent as shall have been appointed or
otherwise designated to manage or operate the property.  Such
notice shall include the address of the property, the name of
the cable television franchisee, and information  as  to  the
time  within  which the owner may give notice, demand payment
as  just  compensation  and  initiate  legal  proceedings  as
provided in this subparagraph (c) and  subparagraph  (d).  In
any  instance in which a community antenna television company
intends to  install  cable  television  facilities  within  a
residential  building containing 12 or more residential units
or upon, beneath, or over real estate that is used as a  site
for  12 or more manufactured housing units, 12 or more mobile
homes, or a combination of 12 or  more  manufactured  housing
units  and  mobile  homes,  the  written notice shall further
provide  that  the  property  owner  may  require  that   the
community  antenna  television  company  submit  to the owner
written  plans  identifying  the  manner   in   which   cable
television  facilities  are  to  be  installed, including the
proposed location of coaxial cable. Approval of  those  plans
by  the property owner shall not be unreasonably withheld and
the owners' consent to and approval of those plans  shall  be
presumed  unless, within 30 days after receipt thereof, or in
the case of a condominium association, 90 days after  receipt
thereof,   the  property  owner  identifies  in  writing  the
specific manner in which those plans deviate  from  generally
accepted  construction  or  safety  standards, and unless the
property  owner  contemporaneously  submits  an   alternative
construction  plan  providing  for  the installation of cable
television facilities in  an  economically  feasible  manner.
The community antenna television company may proceed with the
plans  originally  submitted  if  an  alternative plan is not
submitted by the property owner within 30  days,  or  in  the
case  of  a  condominium  association,  90  days,  or  if  an
alternative  plan  submitted  by  the property owner fails to
comply  with  generally  accepted  construction  and   safety
standards  or  does not provide for the installation of cable
television facilities in an economically feasible manner. For
purposes of this subsection, "mobile home" and  "manufactured
housing  unit"  have  the  same  meaning  as  in the Illinois
Manufactured Housing and Mobile Home Safety Act.
    (d)  Any owner of a  residential  building  described  in
subparagraph  (a),  and  any  owner of improved or unimproved
real estate described in subparagraph  (b),  who  shall  have
given   timely   written   notice  to  the  cable  television
franchisee as provided in  subparagraph  (c),  may  assert  a
claim  for  just  compensation in excess of $1 for permitting
the installation of cable television  facilities  within  and
upon  such  building,  or  upon,  beneath  or  over such real
estate.  Within 30  days  after  notice  has  been  given  in
accordance  with subparagraph (c), the owner shall advise the
cable television franchisee in writing of the amount  claimed
as just compensation.  If within 60 days after the receipt of
the  owner's  claim,  the cable television franchisee has not
agreed to  pay  the  amount  claimed  or  some  other  amount
acceptable  to the owner, the owner may bring suit to enforce
such claim for just compensation in any  court  of  competent
jurisdiction  and,  upon  timely demand, may require that the
amount of just compensation be determined by a jury. Any such
action shall be commenced within 6 months of the notice given
by the cable television franchisee pursuant  to  subparagraph
(c)  hereof.  In any action brought to determine such amount,
the owner may submit evidence  of  a  decrease  in  the  fair
market  value  of the property occasioned by the installation
or location of the cable on the property, that the owner  has
a  specific  alternative  use for the space occupied by cable
television facilities, the loss of which  will  result  in  a
monetary  loss  to  the  owner, or that installation of cable
television facilities within and upon such building or  upon,
beneath  or  over  such  real  estate otherwise substantially
interferes with the use and occupancy of such building to  an
extent  which  causes  a decrease in the fair market value of
such building or real estate.
    (e)  Neither the giving of a notice by  the  owner  under
subparagraph  (c), nor the assertion of a specific claim, nor
the initiation of legal action  to  enforce  such  claim,  as
provided  under  subparagraph  (d), shall delay or impair the
right of the cable  television  franchisee  to  construct  or
install   cable  television  facilities  and  maintain  cable
television services within or upon any building described  in
subparagraph  (a)  or  upon,  beneath  or  over  real  estate
described in subparagraph (b).
    (f)  Notwithstanding  the foregoing, no community antenna
television company shall enter upon any real estate or rights
of way in the possession or control of  any  public  utility,
railroad  or  owner or operator of an oil, petroleum product,
chemical  or  gas  pipeline  to  install  or   remove   cable
television  facilities  or to provide underground maintenance
or repair services with respect thereto, prior to delivery to
the public utility, railroad or pipeline owner or operator of
written notice of  intent  to  enter,  install,  maintain  or
remove.   No  entry  shall be made until at least 15 business
days after receipt of  such  written  notice.   Such  written
notice,  which  shall be delivered to the registered agent of
such public utility, railroad or pipeline owner  or  operator
shall include the following information:
    (i)  The  date of the proposed installation, maintenance,
repair or removal and projected length of  time  required  to
complete such installation, maintenance, repair or removal;
    (ii)  The   manner   and  method  of  such  installation,
maintenance, repair or removal;
    (iii)  The location of the proposed  entry  and  path  of
cable  television facilities proposed to be placed, repaired,
maintained or removed upon the real estate or right  of  way;
and
    (iv)  The  written  agreement  of  the  community antenna
television company to indemnify and hold harmless such public
utility, railroad or pipeline  owner  or  operator  from  the
costs  of  any  damages  directly or indirectly caused by the
installation, maintenance, repair, operation, or  removal  of
cable  television  facilities.  Upon  request  of  the public
utility, railroad, or owner or operator of an oil,  petroleum
product,  chemical  or  gas  pipeline,  the community antenna
television company shall provide proof that it has  purchased
and  will  maintain  a  policy  or  policies  of insurance in
amounts sufficient to provide coverage  for  personal  injury
and  property  damage  losses caused by or resulting from the
installation,  maintenance,  repair  or  removal   of   cable
television  facilities.  The  written agreement shall provide
that the community antenna television company shall  maintain
such  policies  of insurance in full force and effect as long
as cable television facilities remain on the real  estate  or
right of way.
    Within  15  business days of receipt of the written prior
notice of entry the  public  utility,  railroad  or  pipeline
owner  or operator shall investigate and determine whether or
not  the  proposed  entry   and   installation   or   repair,
maintenance,  or  removal  would create a dangerous condition
threatening the safety of the public or  the  safety  of  its
employees  or  threatening  to  cause  an interruption of the
furnishing  of  vital  transportation,  utility  or  pipeline
services and upon so finding shall so  notify  the  community
antenna  television  company  of  such  decision  in writing.
Initial determination of the existence of  such  a  dangerous
condition  or  interruption  of services shall be made by the
public utility, railroad or pipeline owner or operator  whose
real  estate  or right of way is involved.  In the event that
the community antenna television company disagrees with  such
determination,  a  determination  of  whether  such entry and
installation, maintenance, repair  or  removal  would  create
such  a  dangerous  condition  or interrupt services shall be
made  by  a  court  of  competent   jurisdiction   upon   the
application of such community antenna television company.  An
initial  written determination of a public utility, railroad,
or pipeline owner or operator timely made and transmitted  to
the community antenna television company, in the absence of a
determination by a court of competent jurisdiction finding to
the  contrary,  bars  the  entry  of  the  community  antenna
television  company  upon the real estate or right of way for
any purpose.
    Any  public  utility,  railroad  or  pipeline  owner   or
operator  may  assert  a  written claim against any community
antenna television company for just  compensation  within  30
days  after  written notice has been given in accordance with
this subparagraph (f).  If, within 60 days after the  receipt
of   such  claim  for  compensation,  the  community  antenna
television company has not agreed to the  amount  claimed  or
some  other amount acceptable to the public utility, railroad
or pipeline owner or operator, the public  utility,  railroad
or  pipeline owner or operator may bring suit to enforce such
claim  for  just  compensation  in  any  court  of  competent
jurisdiction and, upon timely demand, may  require  that  the
amount  of  just  compensation  be determined by a jury.  Any
such action shall be commenced within 6 months of the  notice
provided for in this subparagraph (f).  In any action brought
to  determine  such  just  compensation,  the public utility,
railroad or  pipeline  owner  or  operator  may  submit  such
evidence   as   may   be   relevant  to  the  issue  of  just
compensation.    Neither  the  assertion  of  a   claim   for
compensation  nor  the  initiation of legal action to enforce
such claim shall delay or impair the right of  the  community
antenna  television  company  to  construct  or install cable
television facilities upon any real estate or rights  of  way
of   any  public  utility,  railroad  or  pipeline  owner  or
operator.
    To the extent that the public utility, railroad, or owner
or operator of an oil, petroleum  product,  chemical  or  gas
pipeline  deems  it  appropriate  to  supervise,  monitor  or
otherwise  assist the community antenna television company in
connection with  the  installation,  maintenance,  repair  or
removal  of cable television facilities upon such real estate
or rights of way, the community  antenna  television  company
shall  reimburse  the  public  utility,  railroad or owner or
operator of  an  oil,  petroleum  product,  chemical  or  gas
pipeline  for  costs  reasonable  and  actually  incurred  in
connection therewith.
    The  provisions  of  this  subparagraph  (f) shall not be
applicable to any easements, rights of way or ways for public
service facilities in  which  public  utilities,  other  than
railroads,  have  any  interest pursuant to "an Act to revise
the law in relation to plats" approved March  21,  1874,  and
all  ordinances  enacted  pursuant  thereto.  Such easements,
rights of way and ways  for  public  service  facilities  are
hereby  declared to be apportionable and upon written request
by a community antenna television company,  public  utilities
shall  make such easements, rights of way and ways for public
service   facilities   available   for   the    construction,
maintenance, repair or removal of cable television facilities
provided  that  such  construction,  maintenance,  repair  or
removal does not create a dangerous condition threatening the
safety  of  the  public  or the safety of such public utility
employees or threatening to  cause  an  interruption  of  the
furnishing  of  vital utility service.  Initial determination
of  the  existence  of  such   a   dangerous   condition   or
interruption  of services shall be made by the public utility
whose easement, right  of  way  or  way  for  public  service
facility  is  involved.   In  the event the community antenna
television  company  disagrees  with  such  determination,  a
determination  of  whether  such  construction,  maintenance,
repair or removal would create such a dangerous condition  or
threaten  to  interrupt vital utility services, shall be made
by a court of competent jurisdiction upon the application  of
such community antenna television company.
    In  addition  to such other notices as may be required by
this subparagraph (f), a community antenna television company
shall not enter upon the real estate or rights of way of  any
public  utility,  railroad  or pipeline owner or operator for
the purposes of above-ground maintenance  or  repair  of  its
television  cable  facilities  without  giving 96 hours prior
written notice to the registered agent of the public utility,
railroad or pipeline owner or operator involved,  or  in  the
case  of  a  public  utility, notice may be given through the
statewide one-call notice  system  provided  for  by  General
Order  of the Illinois Commerce Commission or, if in Chicago,
through  the  system  known  as  the  Chicago  Utility  Alert
Network.
(Source: P.A. 86-962.)

    Section 10.  The Illinois Municipal Code  is  amended  by
changing Section 11-42-11.1 as follows:

    (65 ILCS 5/11-42-11.1) (from Ch. 24, par. 11-42-11.1)
    Sec.   11-42-11.1.   (a)  In  any  instance  in  which  a
municipality has (i) granted a  franchise  to  any  community
antenna   television   company   or   (ii)  decided  for  the
municipality itself to construct, operate or maintain a cable
television system  within  a  designated  area,  no  property
owner,  condominium  association,  managing  agent, lessee or
other person in possession  or  control  of  any  residential
building  located  within the designated area shall forbid or
prevent any occupant, tenant or lessee of any  such  building
from  receiving cable television service from such franchisee
or municipality, nor demand or accept payment from  any  such
occupant,  tenant  or  lessee  in  any form as a condition of
permitting the installation of cable television facilities or
the maintenance of  cable  television  service  in  any  such
building  or  any  portion thereof occupied or leased by such
occupant, tenant or  lessee,  nor  shall  any  such  property
owner,  condominium  association,  managing  agent, lessee or
other person discriminate  in  rental  charges  or  otherwise
against  any  occupant,  tenant  or  lessee  receiving  cable
service;  provided,  however, that the owner of such building
may require, in exchange and as compensation  for  permitting
the  installation  of  cable television facilities within and
upon such building, the payment of just compensation  by  the
cable   television   franchisee  which  provides  such  cable
television service, said sum to be determined  in  accordance
with  the provisions of subparagraphs (c) and (d) hereof, and
provided  further  that  the  cable   television   franchisee
installing  such  cable  television facilities shall agree to
indemnify the owner of such building for any damage caused by
the  installation,  operation  or  removal  of   such   cable
television facilities and service.
    No  community  antenna  television  company shall install
cable television facilities  within  a  residential  building
pursuant  to this subparagraph (a) unless an occupant, tenant
or lessee of such residential building requests the  delivery
of  cable  television  services.  In  any instance in which a
request for service is made by more than 3 occupants, tenants
or lessees of a residential building, the  community  antenna
television  company  may  install cable television facilities
throughout  the  building  in  a  manner  which  enables  the
community  antenna  television  company  to   provide   cable
television services to occupants, tenants or lessees of other
residential  units  without  requiring  the  installation  of
additional  cable television facilities other than within the
residential units occupied by such other  occupants,  tenants
or lessees.
    (b)  In  any  instance  in  which  a municipality has (i)
granted a  franchise  to  any  community  antenna  television
company  or  (ii)  decided  for  the  municipality  itself to
construct, operate or maintain a  cable  television    system
within  a  designated  area,  no  property owner, condominium
association,  managing  agent,  lessee  or  other  person  in
possession and control of any  improved  or  unimproved  real
estate  located  within  such designated area shall forbid or
prevent such cable television franchisee or municipality from
entering upon such real estate for  the  purpose  of  and  in
connection  with  the  construction  or  installation of such
cable television system and cable television facilities,  nor
shall  any  such  property  owner,  condominium  association,
managing  agent,  lessee  or  other  person  in possession or
control of such real estate  forbid  or  prevent  such  cable
television  franchisee  or  municipality from constructing or
installing upon, beneath or over such real estate,  including
any buildings or other  structures located thereon, hardware,
cable,   equipment,   materials  or  other  cable  television
facilities utilized by such cable franchisee or  municipality
in the construction and installation of such cable television
system;  provided,  however,  that the owner of any such real
estate may require,  in  exchange  and  as  compensation  for
permitting   the   construction   or  installation  of  cable
television facilities upon, beneath or over such real estate,
the payment of just  compensation  by  the  cable  television
franchisee which provides such cable television service, said
sum  to  be  determined  in accordance with the provisions of
subparagraphs (c) and (d) hereof, and provided  further  that
the  cable  television  franchisee constructing or installing
such cable television facilities shall agree to indemnify the
owner of such real  estate  for  any  damage  caused  by  the
installation,  operation  or removal of such cable television
facilities and service.
    (c)  In any instance in which the owner of a  residential
building  or  the owner of improved or unimproved real estate
intends to require the payment of just compensation in excess
of $1 in exchange for permitting the  installation  of  cable
television  facilities  in  and  upon such building, or upon,
beneath or over such  real  estate,  the  owner  shall  serve
written  notice thereof upon the cable television franchisee.
Any such notice shall be served within 20 days of the date on
which  such  owner  is  notified  of  the  cable   television
franchisee's   intention   to   construct  or  install  cable
television facilities in and upon  such  building,  or  upon,
beneath  or  over  such real estate.  Unless timely notice as
herein provided is given by the owner to the cable television
franchisee, it will be conclusively presumed that  the  owner
of  any such building or real estate does not claim or intend
to require a payment of more than $1 in exchange and as  just
compensation   for   permitting  the  installation  of  cable
television facilities within and upon such building, or upon,
beneath or over such real estate. In any instance in which  a
cable   television   franchisee   intends  to  install  cable
television facilities as herein provided, written  notice  of
such   intention  shall  be  sent  by  the  cable  television
franchisee  to  the  property  owner  or  to   such   person,
association or managing agent as shall have been appointed or
otherwise designated to manage or operate the property.  Such
notice shall include the address of the property, the name of
the  cable  television  franchisee, and information as to the
time within which the owner may give notice,  demand  payment
as  just  compensation  and  initiate  legal  proceedings  as
provided  in  this  subparagraph (c) and subparagraph (d). In
any instance in which a community antenna television  company
intends  to  install  cable  television  facilities  within a
residential building containing 12 or more residential  units
or  upon, beneath, or over real estate that is used as a site
for 12 or more manufactured housing units, 12 or more  mobile
homes,  or  a  combination of 12 or more manufactured housing
units and mobile homes,  the  written  notice  shall  further
provide   that  the  property  owner  may  require  that  the
community antenna television  company  submit  to  the  owner
written   plans   identifying   the  manner  in  which  cable
television facilities are  to  be  installed,  including  the
proposed  location  of coaxial cable.  Approval of such plans
by the property owner shall not be unreasonably withheld  and
such  owners'  consent to and approval of such plans shall be
presumed unless, within 30 days after receipt thereof, or  in
the  case of a condominium association, 90 days after receipt
thereof,  the  property  owner  identifies  in  writing   the
specific  manner  in  which such plans deviate from generally
accepted construction or safety  standards,  and  unless  the
property   owner  contemporaneously  submits  an  alternative
construction plan providing for  the  installation  of  cable
television  facilities  in  an  economically feasible manner.
The community antenna television company may proceed with the
plans originally submitted if  an  alternative  plan  is  not
submitted  by  the  property  owner within 30 days, or in the
case  of  a  condominium  association,  90  days,  or  if  an
alternative plan submitted by the  property  owner  fails  to
comply   with  generally  accepted  construction  and  safety
standards or does not provide for the installation  of  cable
television facilities in an economically feasible manner. For
purposes  of this subsection, "mobile home" and "manufactured
housing unit" have  the  same  meaning  as  in  the  Illinois
Manufactured Housing and Mobile Home Safety Act.
    (d)  Any  owner  of  a  residential building described in
subparagraph (a), and any owner  of  improved  or  unimproved
real  estate  described  in  subparagraph (b), who shall have
given  timely  written  notice  to   the   cable   television
franchisee  as  provided  in  subparagraph  (c), may assert a
claim for just compensation in excess of  $1  for  permitting
the  installation  of  cable television facilities within and
upon such building,  or  upon,  beneath  or  over  such  real
estate.   Within  30  days  after  notice  has  been given in
accordance with subparagraph (c), the owner shall advise  the
cable  television franchisee in writing of the amount claimed
as just compensation.  If within 60 days after the receipt of
the owner's claim, the cable television  franchisee  has  not
agreed  to  pay  the  amount  claimed  or  some  other amount
acceptable to the owner, the owner may bring suit to  enforce
such  claim  for  just compensation in any court of competent
jurisdiction and, upon timely demand, may  require  that  the
amount of just compensation be determined by a jury. Any such
action shall be commenced within 6 months of the notice given
by  the  cable television franchisee pursuant to subparagraph
(c) hereof.  In any action brought to determine such  amount,
the  owner  may  submit  evidence  of  a decrease in the fair
market value of the property occasioned by  the  installation
or  location of the cable on the property, that the owner has
a specific alternative use for the space  occupied  by  cable
television  facilities,  the  loss  of which will result in a
monetary loss to the owner, or  that  installation  of  cable
television  facilities within and upon such building or upon,
beneath or over  such  real  estate  otherwise  substantially
interferes  with the use and occupancy of such building to an
extent which causes a decrease in the fair  market  value  of
such building or real estate.
    (e)  Neither  the  giving  of a notice by the owner under
subparagraph (c), nor the assertion of a specific claim,  nor
the  initiation  of  legal  action  to enforce such claim, as
provided under subparagraph (d), shall delay  or  impair  the
right  of  the  cable  television  franchisee to construct or
install  cable  television  facilities  and  maintain   cable
television  services within or upon any building described in
subparagraph  (a)  or  upon,  beneath  or  over  real  estate
described in subparagraph (b).
    (f)  Notwithstanding the foregoing, no community  antenna
television  company or municipality shall enter upon any real
estate or rights of way in the possession or control  of  any
public  utility,  railroad  or  owner  or operator of an oil,
petroleum product, chemical or gas  pipeline  to  install  or
remove  cable television facilities or to provide underground
maintenance or repair services with respect thereto, prior to
delivery to the public utility, railroad or pipeline owner or
operator of written  notice  of  intent  to  enter,  install,
maintain or remove.  No entry shall be made until at least 15
business  days  after  receipt  of such written notice.  Such
written notice, which shall be delivered  to  the  registered
agent  of  such public utility, railroad or pipeline owner or
operator shall include the following information:
    (i)  The date of the proposed installation,  maintenance,
repair  or  removal  and projected length of time required to
complete such installation, maintenance, repair or removal;
    (ii)  The  manner  and  method  of   such   installation,
maintenance,  repair or removal;
    (iii)  The  location  of  the  proposed entry and path of
cable television facilities proposed to be placed,  repaired,
maintained  or  removed upon the real estate or right of way;
and
    (iv)  The written  agreement  of  the  community  antenna
television company to indemnify and hold harmless such public
utility,  railroad  or  pipeline  owner  or operator from the
costs of any damages directly or  indirectly  caused  by  the
installation,  maintenance,  repair, operation, or removal of
cable television  facilities.  Upon  request  of  the  public
utility,  railroad, or owner or operator of an oil, petroleum
product, chemical or  gas  pipeline,  the  community  antenna
television  company shall provide proof that it has purchased
and will maintain  a  policy  or  policies  of  insurance  in
amounts  sufficient  to  provide coverage for personal injury
and property damage losses caused by or  resulting  from  the
installation,   maintenance,   repair  or  removal  of  cable
television facilities. The written  agreement  shall  provide
that  the community antenna television company shall maintain
such policies of insurance in full force and effect  as  long
as  cable television facilities  remain on the real estate or
right of way.
    Within 15 business days of receipt of the  written  prior
notice  of  entry  the  public  utility, railroad or pipeline
owner or operator shall investigate and determine whether  or
not   the   proposed   entry   and  installation  or  repair,
maintenance, or removal would create  a  dangerous  condition
threatening  the  safety  of  the public or the safety of its
employees or threatening to  cause  an  interruption  of  the
furnishing  of  vital  transportation,  utility  or  pipeline
services  and  upon  so finding shall so notify the community
antenna television company or municipality of  such  decision
in writing.  Initial determination of the existence of such a
dangerous condition or interruption of services shall be made
by the public utility, railroad or pipeline owner or operator
whose  real estate or right of way is involved.  In the event
that the community antenna television company or municipality
disagrees with such determination, a determination of whether
such entry and installation, maintenance, repair  or  removal
would create such a dangerous condition or interrupt services
shall  be  made by a court of competent jurisdiction upon the
application of such community antenna television  company  or
municipality.   An  initial written determination of a public
utility, railroad, or pipeline owner or operator timely  made
and  transmitted  to the community antenna television company
or municipality, in the absence of a determination by a court
of competent jurisdiction finding to the contrary,  bars  the
entry   of   the  community  antenna  television  company  or
municipality upon the real estate or right  of  way  for  any
purpose.
    Any   public  utility,  railroad  or  pipeline  owner  or
operator may assert a written  claim  against  any  community
antenna  television  company  for just compensation within 30
days after written notice has been given in  accordance  with
this  subparagraph (f).  If, within 60 days after the receipt
of  such  claim  for  compensation,  the  community   antenna
television  company  has  not agreed to the amount claimed or
some other amount acceptable to the public utility,  railroad
or  pipeline  owner or operator, the public utility, railroad
or pipeline owner or operator may bring suit to enforce  such
claim  for  just  compensation  in  any  court  of  competent
jurisdiction  and,  upon  timely demand, may require that the
amount of just compensation be determined by  a  jury.    Any
such  action shall be commenced within 6 months of the notice
provided for in this subparagraph (f).  In any action brought
to determine such  just  compensation,  the  public  utility,
railroad  or  pipeline  owner  or  operator  may  submit such
evidence  as  may  be  relevant  to   the   issue   of   just
compensation.   Neither   the   assertion   of  a  claim  for
compensation nor the initiation of legal  action  to  enforce
such  claim  shall delay or impair the right of the community
antenna television company  to  construct  or  install  cable
television  facilities  upon any real estate or rights of way
of  any  public  utility,  railroad  or  pipeline  owner   or
operator.
    To the extent that the public utility, railroad, or owner
or  operator  of  an  oil, petroleum product, chemical or gas
pipeline  deems  it  appropriate  to  supervise,  monitor  or
otherwise assist the community antenna television company  in
connection  with  the  installation,  maintenance,  repair or
removal of cable television facilities upon such real  estate
or  rights  of  way, the community antenna television company
shall reimburse the public  utility,  railroad  or  owner  or
operator  of  an  oil,  petroleum  product,  chemical  or gas
pipeline  for  costs  reasonable  and  actually  incurred  in
connection therewith.
    The provisions of this  subparagraph  (f)  shall  not  be
applicable to any easements, rights of way or ways for public
service  facilities  in  which  public  utilities, other than
railroads, have any interest pursuant to "An  Act  to  revise
the  law  in  relation to plats", approved March 21, 1874, as
amended, and all ordinances enacted pursuant  thereto.   Such
easements,   rights  of  way  and  ways  for  public  service
facilities are hereby declared to be apportionable  and  upon
written  request  by  a community antenna television company,
public utilities shall make such easements, rights of way and
ways  for  public  service  facilities  available   for   the
construction,   maintenance,   repair  or  removal  of  cable
television  facilities  provided  that   such   construction,
maintenance,  repair  or  removal does not create a dangerous
condition threatening the safety of the public or the  safety
of  such  public utility employees or threatening to cause an
interruption of the  furnishing  of  vital  utility  service.
Initial  determination  of  the existence of such a dangerous
condition or interruption of services shall be  made  by  the
public utility whose easement, right of way or way for public
service  facility  is  involved.   In the event the community
antenna television company  or  municipality  disagrees  with
such   determination,   a   determination   of  whether  such
construction, maintenance, repair  or  removal  would  create
such  a  dangerous  condition  or threaten to interrupt vital
utility services, shall be  made  by  a  court  of  competent
jurisdiction  upon  the application of such community antenna
television company.
    In addition to such other notices as may be  required  by
this subparagraph (f), a community antenna television company
or  municipality  shall  not  enter  upon  the real estate or
rights of way of any public  utility,  railroad  or  pipeline
owner   or   operator   for   the  purposes  of  above-ground
maintenance or repair  of  its  television  cable  facilities
without   giving   96  hours  prior  written  notice  to  the
registered agent of the public utility, railroad or  pipeline
owner  or  operator  involved,  or  in  the  case of a public
utility, notice may be given through the  statewide  one-call
notice  system  provided for by General Order of the Illinois
Commerce Commission or, if in  Chicago,  through  the  system
known as the Chicago Utility Alert Network.
(Source: P.A. 86-820; 86-1410.)

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