55 ILCS 5/5-1095
2021 Illinois Compiled Statutes|Chapter 55 - COUNTIES|55 ILCS 5/ - Counties Code.|Article 5 - Powers And Duties Of County Boards

 (from Ch. 34, par. 5-1095)Sec. 5-1095. Community antenna television systems; satellite  transmitted television programming.(a) The County Board may license,  tax or franchise the business of operating a community antenna television  system or systems within the County and outside of a municipality, as  defined in Section 1-1-2 of the Illinois Municipal Code.When an area is annexed to a municipality, the annexing municipality  shall thereby become the franchising authority with respect to that portion  of any community antenna television system that, immediately before  annexation, had provided cable television services within the annexed area  under a franchise granted by the county, and the owner of that community  antenna television system shall thereby be authorized to provide cable  television services within the annexed area under the terms and provisions  of the existing franchise.  In that instance, the franchise shall remain in  effect until, by its terms, it expires, except that any franchise fees  payable under the franchise shall be payable only to the county for a  period of 5 years or until, by its terms, the franchise expires, whichever  occurs first.  After the 5 year period, any franchise fees payable under  the franchise shall be paid to the annexing municipality.  In any  instance in which a duly franchised community antenna television system is  providing cable television services within the annexing municipality at the  time of annexation, the annexing municipality may permit that  franchisee to extend its community antenna television system to the annexed  area under terms and conditions that are no more burdensome nor less  favorable to that franchisee than those imposed under any community antenna  television franchise applicable to the annexed area at the time of annexation.  The authorization to extend cable television service to the annexed area and  any community antenna television system authorized to provide cable television  services within the annexed area at the time of annexation shall not be subject  to the provisions of subsection (e) of this Section.(b) "Community antenna television system" as used in this Section, means  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 term does not include (i) any system which  serves fewer than 50 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 the authority to  license or franchise telephone companies subject to the jurisdiction of  the Illinois Commerce Commission or the Federal Communications  Commission in connection with furnishing circuits, wires, cables or  other facilities to the operator of a community antenna television  system.(c-1) Each franchise entered into by a county 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 county 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 County Board 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 county 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 County Board 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 for by  the law of eminent domain, provided, however, such franchisee deposits with  the county sufficient security to pay all costs incurred by the county in  the exercise of its right of eminent domain.Except as specifically provided otherwise in this Section, this  Section is not a limitation on any home rule county.(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 decryption 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 territorial 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 county which is in use at the time such county 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.(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 county to grant such additional cable television franchise.(4) If the franchising authority shall determine that     it is in the best interest of the county 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 county shall be subject to suit for damages based upon the  county'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  county 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 as provided in this subsection (e)  is an exclusive State power and function that may not be exercised  concurrently by a home rule unit.  (Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)