65 ILCS 5/11-42-11
2021 Illinois Compiled Statutes|Chapter 65 - MUNICIPALITIES|65 ILCS 5/ - Illinois Municipal Code.|Article 11 - Corporate Powers and Functions

 (from Ch. 24, par. 11-42-11)Sec. 11-42-11. Community antenna television systems; satellite transmitted  television programming.(a) The corporate authorities of each municipality may  license, franchise and tax the business of operating a community antenna  television system as hereinafter defined.  In municipalities with less  than 2,000,000 inhabitants, the corporate authorities may, under the limited  circumstances set forth in this Section, own (or lease as  lessee) and operate a community antenna television system; provided that a  municipality may not acquire,  construct,  own, or operate a community antenna television system  for the use  or benefit  of private consumers or users, and may not charge a fee for that consumption or  use,  unless the proposition to acquire, construct, own, or operate a cable antenna  television system has been submitted to and approved by the electors  of the municipality in accordance with subsection (f).  Before  acquiring, constructing, or commencing operation of a community antenna  television system, the municipality shall comply with the following:(1) Give written notice to the owner or operator of     any other community antenna television system franchised to serve all or any portion of the territorial area to be served by the municipality's community antenna television system, specifying the date, time, and place at which the municipality shall conduct public hearings to consider and determine whether the municipality should acquire, construct, or commence operation of a community antenna television system.  The public hearings shall be conducted at least 14 days after this notice is given.(2) Publish a notice of the hearing in 2 or more     newspapers published in the county, city, village, incorporated town, or town, as the case may be.  If there is no such newspaper, then notice shall be published in any 2 or more newspapers published in the county and having a general circulation throughout the community.  The public hearings shall be conducted at least 14 days after this notice is given.(3) Conduct a public hearing to determine the means     by which construction, maintenance, and operation of the system will be financed, including whether the use of tax revenues or other fees will be required.(b) The words "community antenna television system" shall mean any facility  which is constructed in whole or in part in, on, under or over any highway  or other public place and which is operated to perform for hire the service  of receiving and amplifying the signals broadcast by one or more television  stations and redistributing such signals by wire, cable or other means to  members of the public who subscribe to such service; except that such  definition shall not include (i) any system which serves fewer than fifty  subscribers, or (ii) any system which serves only the residents of one or  more apartment dwellings under common ownership, control or management, and  commercial establishments located on the premises of such dwellings.(c) The authority hereby granted does not include authority to license,  franchise or tax telephone companies subject to jurisdiction of the  Illinois Commerce Commission or the Federal Communications Commission in  connection with the furnishing of circuits, wires, cables, and other  facilities to the operator of a community antenna television system.(c-1) Each franchise entered into by a municipality and a community antenna television system shall include the customer service and privacy standards and protections contained in Article XXII of the Public Utilities Act.  A franchise may not contain different penalties or consumer service and privacy standards and protections.   Each franchise entered into by a municipality and a community antenna television system before June 30, 2007 (the effective date of Public Act 95-9)   shall be amended by this Section to incorporate the penalty provisions and  customer service and privacy standards and protections contained in Article XXII of the Public Utilities Act.The corporate authorities of each municipality may, in the course of  franchising such community antenna television system, grant to such franchisee  the authority and the right and permission to use all public streets, rights  of way, alleys, ways for public service facilities, parks, playgrounds,  school grounds, or other public grounds, in which such municipality may  have an interest, for the construction, installation, operation, maintenance,  alteration, addition, extension or improvement of a community antenna  television system.Any charge imposed by a community antenna television system franchised  pursuant to this Section for the raising or removal of cables or lines to  permit passage on, to or from a street shall not exceed the reasonable  costs of work reasonably necessary to safely permit such passage.  Pursuant  to subsections (h) and (i) of Section 6 of Article VII of the Constitution  of the State of Illinois, the General Assembly declares the regulation of  charges which may be imposed by community antenna television systems for  the raising or removal of cables or lines to permit passage on, to or from  streets is a power or function to be exercised exclusively by the State and  not to be exercised or performed concurrently with the State by any unit of  local government, including any home rule unit.The municipality may, upon written request by the franchisee of a community  antenna television system, exercise its right of eminent domain  solely for the purpose of granting an easement right no greater than 8 feet  in width, extending no greater than 8 feet from any lot line for the purpose  of extending cable across any parcel of property in the manner provided  by the law of eminent domain, provided, however, such franchisee deposits  with the municipality sufficient security to pay all costs incurred by the  municipality in the exercise of its right of eminent domain.(d) The General Assembly finds and declares that satellite-transmitted  television programming should be available to those who desire to subscribe  to such programming and that decoding devices should be obtainable at  reasonable prices by those who are unable to obtain satellite-transmitted  television programming through duly franchised community antenna television  systems.In any instance in which a person is unable to obtain  satellite-transmitted television programming through a duly franchised  community antenna television system either because the municipality and  county in which such person resides has not granted a franchise to operate  and maintain a community antenna television system, or because the duly  franchised community antenna television system operator does not make cable  television services available to such person, any programming company that  delivers satellite-transmitted television programming in scrambled or  encrypted form shall ensure that devices for description of such programming  are made available to such person, through the local community antenna  television operator or directly, for purchase or lease at prices reasonably  related to the cost of manufacture and distribution of such devices.(e) The General Assembly finds and declares that, in order to ensure that  community antenna television services are provided in an orderly,  competitive and economically sound manner, the best interests of the public  will be served by the establishment of certain minimum standards and  procedures for the granting of additional cable television franchises.Subject to the provisions of this subsection, the authority  granted under subsection (a) hereof shall include the authority to license,  franchise and tax more than one cable operator to provide community antenna  television services within the corporate limits of a single franchising  authority.  For purposes of this subsection (e), the term:(i) "Existing cable television franchise" means a     community antenna television franchise granted by a municipality which is in use at the time such municipality receives an application or request by another cable operator for a franchise to provide cable antenna television services within all or any portion of the territorial area which is or may be served under the existing cable television franchise.(ii) "Additional cable television franchise" means a     franchise pursuant to which community antenna television services may be provided within the territorial areas, or any portion thereof, which may be served under an existing cable television franchise.(iii) "Franchising Authority" is defined as that term     is defined under Section 602(9) of the Cable Communications Policy Act of 1984, Public Law 98-549, but does not include any municipality with a population of 1,000,000 or more.(iv) "Cable operator" is defined as that term is     defined under Section 602(4) of the Cable Communications Policy Act of 1984, Public Law 98-549.Before granting an additional cable television franchise, the franchising  authority shall:(1) Give written notice to the owner or operator of     any other community antenna television system franchised to serve all or any portion of the territorial area to be served by such additional cable television franchise, identifying the applicant for such additional franchise and specifying the date, time and place at which the franchising authority shall conduct public hearings to consider and determine whether such additional cable television franchise should be granted.(2) Conduct a public hearing to determine the public     need for such additional cable television franchise, the capacity of public rights-of-way to accommodate such additional community antenna television services, the potential disruption to existing users of public rights-of-way to be used by such additional franchise applicant to complete construction and to provide cable television services within the proposed franchise area, the long term economic impact of such additional cable television system within the community, and such other factors as the franchising authority shall deem appropriate.(3) Determine, based upon the foregoing factors,     whether it is in the best interest of the municipality to grant such additional cable television franchise.(4) If the franchising authority shall determine that     it is in the best interest of the municipality to do so, it may grant the additional cable television franchise.  Except as provided in paragraph (5) of this subsection (e), no such additional cable television franchise shall be granted under terms or conditions more favorable or less burdensome to the applicant than those required under the existing cable television franchise, including but not limited to terms and conditions pertaining to the territorial extent of the franchise, system design, technical performance standards,  construction schedules, performance bonds, standards for construction and installation of cable television facilities, service to subscribers, public educational and governmental access channels and programming, production assistance, liability and indemnification, and franchise fees.(5) Unless the existing cable television franchise     provides that any additional cable television franchise shall be subject to the same terms or substantially equivalent terms and conditions as those of the existing cable television franchise, the franchising authority may grant an additional cable television franchise under different terms and conditions than those of the existing franchise, in which event the franchising authority shall enter into good faith negotiations with the existing franchisee and shall, within 120 days after the effective date of the additional cable television franchise, modify the existing cable television franchise in a manner and to the extent necessary to ensure that neither the existing cable television franchise nor the additional cable television franchise, each considered in its entirety, provides a competitive advantage over the other, provided that prior to modifying the existing cable television franchise, the franchising authority shall have conducted a public hearing to consider the proposed modification. No modification in the terms and conditions of the existing cable television franchise shall oblige the existing cable television franchisee (1) to make any additional payment to the franchising authority, including the payment of any additional franchise fee, (2) to engage in any additional construction of the existing cable television system or, (3) to modify the specifications or design of the existing cable television system; and the inclusion of the factors identified in items (2) and (3) shall not be considered in determining whether either franchise considered in its entirety, has a competitive advantage over the other except to the extent that the additional franchisee provides additional video or data services or the equipment or facilities necessary to generate and or carry such service. No modification in the terms and conditions of the existing cable television franchise shall be made if the existing cable television franchisee elects to continue to operate under all terms and conditions of the existing franchise.If within the 120 day period the franchising     authority and the existing cable television franchisee are unable to reach agreement on modifications to the existing cable television franchise, then the franchising authority shall modify the existing cable television franchise, effective 45 days thereafter, in a manner, and only to the extent, that the terms and conditions of the existing cable television franchise shall no longer impose any duty or obligation on the existing franchisee which is not also imposed under the additional cable television franchise; however, if by the modification the existing cable television franchisee is relieved of duties or obligations not imposed under the additional cable television franchise, then within the same 45 days and following a public hearing concerning modification of the additional cable television franchise within that 45 day period, the franchising authority shall modify the additional cable television franchise to the extent necessary to insure that neither the existing cable television franchise nor the additional cable television franchise, each considered in its entirety, shall have a competitive advantage over the other.No municipality shall be subject to suit for damages based upon the  municipality's determination to grant or its refusal to grant an additional  cable television franchise, provided that a  public hearing as herein provided has been held and the franchising  authority has determined that it is in the best interest of the  municipality to grant or refuse to grant such additional franchise, as  the  case may be.It is declared to be the law of this State, pursuant to paragraphs (h)  and (i) of Section 6 of Article VII of the Illinois Constitution, that the  establishment of minimum standards and procedures for the granting of  additional cable television franchises by municipalities with a population  less than 1,000,000 as provided in this subsection (e) is an exclusive  State power and function that may not be exercised concurrently by a home  rule unit.(f) No municipality may acquire, construct, own, or operate a community  antenna  television system  unless the corporate authorities adopt  an  ordinance.  The ordinance must set forth the action proposed; describe the  plant,  equipment, and property to be acquired or constructed; and specifically  describe the  manner in which the construction, acquisition, and operation of the system  will  be financed.The ordinance may not take effect until the question of acquiring,  construction,  owning, or operating a community antenna television system  has been  submitted to the electors of the municipality at a regular election and  approved by a  majority of the electors voting on the question.  The corporate authorities  must certify the  question to the proper election authority, which must submit the question at an  election in  accordance with the Election Code.The question must be submitted in substantially the following form:Shall the ordinance authorizing the municipality to     (insert action authorized by ordinance) take effect?  The votes must be recorded as "Yes" or "No".If a majority of electors voting on the question vote in the affirmative, the  ordinance shall take effect.Not more than 30 or less than 15 days before the date of the referendum, the  municipal clerk must publish the ordinance at least once in one or more  newspapers  published in the municipality or, if no newspaper is published in the  municipality, in one  or more newspapers of general circulation within the municipality.  (Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)