55 ILCS 5/5-1096
2021 Illinois Compiled Statutes|Chapter 55 - COUNTIES|55 ILCS 5/ - Counties Code.|Article 5 - Powers And Duties Of County Boards

 (from Ch. 34, par. 5-1096)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. For the purposes of this subsection (f), and only in the case of real estate or rights-of-way in possession of or in control of a railroad, the right to enter upon includes the installation, construction, operation, repair, maintenance, or removal of wire, cable, fiber, conduit, or related facilities that are at, above, or below grade and that cross the real estate or rights-of-way in a manner that runs generally perpendicular to the railroad tracks or railroad right-of-way. For the purposes of this subsection (f), and only in the case of real estate or rights-of-way in possession of or in the control of a railroad, the right to enter upon does not apply to wire, cable, fiber, conduit, or related facilities that run along, within, and generally parallel to, but do not cross, the railroad tracks or railroad right-of-way.  No entry shall be made until at least 30 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, and the detailed     design and construction plans that conform to the applicable published and publicly available American Railway Engineering and Maintenance-of-Way Association standards and the published and publicly available standards for the appropriate railroad for, 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;(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; and(v) A statement, based upon information available to     the community antenna television company, confirming that the proposed  installation, maintenance, repair, or removal does not create a dangerous condition or threaten public or employee safety and will not adversely impact railroad operations or disrupt vital transportation services.For purposes of this subsection (f), "community antenna television company" includes, in the case of real estate or rights-of-way in possession of or in control of a railroad, a holder, cable operator, or broadband service provider, as those terms are defined in Section 21-201 of the Public Utilities Act.Within 30 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, upon the application of the community antenna  television company, be made by the Illinois Commerce Commission Transportation Division in accordance with the Commission's Rail Safety Program.  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 or an Illinois Commerce Commission Transportation Division 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.If a county notifies or a county requires a developer to notify a public  utility  before or after issuing a permit or other authorization for the construction of  residential  buildings, then the county or developer shall, at the same time, similarly  notify any  community antenna television system franchised by or within that county.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. 100-251, eff. 8-22-17.)