(Article scheduled to be repealed on October 1, 2013)
(Source: P.A. 95‑9, eff. 6‑30‑07.)
(220 ILCS 5/21‑100) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑100. Short title. This Article may be cited as the Cable and Video Competition Law of 2007. (Source: P.A. 95‑9, eff. 6‑30‑07.)
(220 ILCS 5/21‑101) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑101. Findings. With respect to cable and video competition, the General Assembly finds that: (a) The economy in the State of Illinois will be
enhanced by investment in new communications, cable services, and video services infrastructure, including broadband facilities, fiber optic, and Internet protocol technologies.
(b) Cable services and video services bring important
daily benefits to Illinois consumers by providing news, education, and entertainment.
(c) Competitive cable service and video service
providers are capable of providing new video programming services and competition to Illinois consumers and of decreasing the prices for video programming services paid by Illinois consumers.
(d) Although there has been some competitive entry
into the facilities‑based video programming market since current franchising requirements in this State were enacted, further entry by facilities‑based providers could benefit consumers, provided cable and video services are equitably available to all Illinois consumers at reasonable prices.
(e) The provision of competitive cable services and
video services is a matter of statewide concern that extends beyond the boundaries of individual local units of government. Notwithstanding the foregoing, public rights‑of‑way are limited resources over which the municipality has a custodial duty to ensure that they are used, repaired, and maintained in a manner that best serves the public interest.
(f) The State authorization process and uniform
standards and procedures in this Article are intended to enable rapid and widespread entry by competitive providers, which will bring to Illinois consumers the benefits of video competition, including providing consumers with more choice, lower prices, higher speed and more advanced Internet access, more diverse and varied news, public information, education, and entertainment programming, and will bring to this State and its local units of government the benefits of new infrastructure investment, job growth, and innovation in broadband and Internet protocol technologies and deployment.
(g) Providing an incumbent cable or video service
provider with the option to secure a State‑issued authorization through the termination of existing cable franchises between incumbent cable and video service providers and any local franchising authority is part of the new regulatory framework established by this Article. This Article is intended to best ensure equal treatment and parity among providers and technologies.
(220 ILCS 5/21‑101.1) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑101.1. Applicability. The provisions of Public Act 95‑9 shall apply only to a holder of a cable service or video service authorization issued by the Commission pursuant to this Article, and shall not apply to any person or entity that provides cable television services under a cable television franchise issued by any municipality or county pursuant to Section 11‑42‑11 of the Illinois Municipal Code (65 ILCS 5/11‑42‑11) or Section 5‑1095 of the Counties Code (55 ILCS 5/5‑1095), unless specifically provided for herein. A local unit of government that has an existing agreement for the provision of video services with a company or entity that uses its telecommunications facilities to provide video service as of May 30, 2007 may continue to operate under that agreement or may, at its discretion, terminate the existing agreement and require the video provider to obtain a State‑issued authorization under this Article. (Source: P.A. 95‑9, eff. 6‑30‑07; 95‑876, eff. 8‑21‑08.)
(220 ILCS 5/21‑201) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑201. Definitions. As used in this Article: (a) "Access" means that the cable or video provider is capable of providing cable services or video services at the household address using any technology, other than direct‑to‑home satellite service, that provides 2‑way broadband Internet capability and video programming, content, and functionality, regardless of whether any customer has ordered service or whether the owner or landlord or other responsible person has granted access to the household. If more than one technology is used, the technologies shall provide similar 2‑way broadband Internet accessibility and similar video programming. (b) "Basic cable or video service" means any cable or video service offering or tier that includes the retransmission of local television broadcast signals. (c) "Broadband service" means a high speed service connection to the public Internet capable of supporting, in at least one direction, a speed in excess of 200 kilobits per second (kbps) to the network demarcation point at the subscriber's premises. (d) "Cable operator" means that term as defined in item (5) of 47 U.S.C. 522. (e) "Cable service" means that term as defined in item (6) of 47 U.S.C. 522. (f) "Cable system" means that term as defined in item (7) of 47 U.S.C. 522. (g) "Commission" means the Illinois Commerce Commission. (h) "Competitive cable service or video service provider" means a person or entity that is providing or seeks to provide cable service or video service in an area where there is at least one incumbent cable operator. (i) "Designated market area" means a designated market area, as determined by Nielsen Media Research and published in the 1999‑2000 Nielsen Station Index Directory and Nielsen Station Index United States Television Household Estimates or any successor publication. For any designated market area that crosses State lines, only households in the portion of the designated market area that is located within the holder's telecommunications service area in the State where access to video service will be offered shall be considered. (j) "Footprint" means the geographic area designated by the cable service or video service provider as the geographic area in which it will offer cable services or video services during the period of its State‑issued authorization. Each footprint shall be identified in terms of either (i) exchanges, as that term is defined in Section 13‑206 of this Act; (ii) a collection of United States Census Bureau Block numbers (13 digit); (iii) if the area is smaller than the areas identified in either (i) or (ii), by geographic information system digital boundaries meeting or exceeding national map accuracy standards; or (iv) local units of government. (k) "Holder" means a person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to Section 21‑401 of this Article. (l) "Household" means a house, an apartment, a mobile home, a group of rooms, or a single room that is intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants live and eat separately from any other persons in the building and that have direct access from the outside of the building or through a common hall. This definition is consistent with the United States Census Bureau, as that definition may be amended thereafter. (m) "Incumbent cable operator" means a person or entity that provided cable services or video services in a particular area under a franchise agreement with a local unit of government pursuant to Section 11‑42‑11 of the Illinois Municipal Code (65 ILCS 5/11‑42‑11) or Section 5‑1095 of the Counties Code (55 ILCS 5/5‑1095) on January 1, 2007. (n) "Local franchising authority" means the local unit of government that has or requires a franchise with a cable operator, a provider of cable services, or a provider of video services to construct or operate a cable or video system or to offer cable services or video services under Section 11‑42‑11 of the Illinois Municipal Code (65 ILCS 5/11‑42‑11) or Section 5‑1095 of the Counties Code (55 ILCS 5/5‑1095). (o) "Local unit of government" means a city, village, incorporated town, or county. (p) "Low‑income household" means those residential households located within the holder's existing telephone service area where the average annual household income is less than $35,000, based on the United States Census Bureau estimates adjusted annually to reflect rates of change and distribution. (q) "Public rights‑of‑way" means the areas on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easements dedicated for compatible uses. (r) "Service" means the provision of cable service or video service to subscribers and the interaction of subscribers with the person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to Section 21‑401 of this Act. (s) "Service provider fee" means the amount paid under Section 21‑801 of this Act by the holder to a municipality, or in the case of an unincorporated service area to a county, for service areas within its territorial jurisdiction, but under no circumstances shall the service provider fee be paid to more than one local unit of government for the same portion of the holder's service area. (t) "Telecommunications service area" means the area designated by the Commission as the area in which a telecommunications company was obligated to provide non‑competitive local telephone service as of February 8, 1996 as incorporated into Section 13‑202.5 of this Act. (u) "Video programming" means that term as defined in item (20) of 47 U.S.C. 522. (v) "Video service" means video programming and subscriber interaction, if any, that is required for the selection or use of such video programming services, and that is provided through wireline facilities located at least in part in the public rights‑of‑way without regard to delivery technology, including Internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider defined in subsection (d) of 47 U.S.C. 332 or any video programming provided solely as part of, and via, service that enables users to access content, information, electronic mail, or other services offered over the public Internet. (Source: P.A. 95‑9, eff. 6‑30‑07; 95‑876, eff. 8‑21‑08.)
(220 ILCS 5/21‑301) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑301. Eligibility. (a) A person or entity seeking to provide cable service or video service in this State after June 30, 2007 (the effective date of Public Act 95‑9) shall either (1) obtain a State‑issued authorization pursuant to Section 21‑401 of the Public Utilities Act (220 ILCS 5/21‑401); (2) obtain authorization pursuant to Section 11‑42‑11 of the Illinois Municipal Code (65 ILCS 5/11‑42‑11); or (3) obtain authorization pursuant to Section 5‑1095 of the Counties Code (55 ILCS 5/5‑1095). (b) An incumbent cable operator shall be eligible to apply for a State‑issued authorization as provided in subsection (c) of this Section. Upon expiration of its current franchise agreement, an incumbent cable operator may obtain State authorization from the Commission pursuant to this Article or may pursue a franchise renewal with the appropriate local franchise authority under State and federal law. An incumbent cable operator and any successor‑in‑interest that receives a State‑issued authorization shall be obligated to provide access to cable services or video services within any local unit of government at the same levels required by the local franchising authorities for the local unit of government on June 30, 2007 (the effective date of Public Act 95‑9). (c)(1) An incumbent cable operator may elect to terminate its agreement with the local franchising authority and obtain a State‑issued authorization by providing written notice to the Commission and the affected local franchising authority and any entity authorized by that franchising authority to manage public, education, and government access at least 180 days prior to its filing an application for a State‑issued authorization. The existing agreement shall be terminated on the date that the Commission issues the State‑issued authorization. (2) An incumbent cable operator that elects to
terminate an existing agreement with a local franchising authority under this Section is responsible for remitting to the affected local franchising authority and any entity designated by that local franchising authority to manage public, education, and government access before the 46th day after the date the agreement is terminated any accrued but unpaid fees due under the terminated agreement. If that incumbent cable operator has credit remaining from prepaid franchise fees, such amount of the remaining credit may be deducted from any future fees the incumbent cable operator must pay to the local franchising authority pursuant to subsection (b) of Section 21‑801 of this Act.
(3) An incumbent cable operator that elects to
terminate an existing agreement with a local franchising authority under this Section shall pay the affected local franchising authority and any entity designated by that franchising authority to manage public, education, and government access, at the time that they would have been due, all monetary payments for public, education, or government access that would have been due during the remaining term of the agreement had it not been terminated as provided in this paragraph. All payments made by an incumbent cable operator pursuant to the previous sentence of this paragraph may be credited against the fees that that operator owes under item (1) of subsection (d) of Section 21‑801 of this Act.
(d) For purposes of this Article, the Commission shall be the franchising authority for cable service or video service providers that apply for and obtain a State‑issued authorization under this Article with regard to the footprint covered by such authorization. Notwithstanding any other provision of this Article, holders using telecommunications facilities to provide cable service or video service are not obligated to provide that service outside the holder's telecommunications service area. (e) Any person or entity that applies for and obtains a State‑issued authorization under this Article shall not be subject to Section 11‑42‑11 of the Illinois Municipal Code (65 ILCS 5/11‑42‑11) or Section 5‑1095 of the Counties Code (55 ILCS 5/5‑1095), except as provided in this Article. Except as provided under this Article, neither the Commission nor any local unit of government may require a person or entity that has applied for and obtained a State‑issued authorization to obtain a separate franchise or pay any franchise fee on cable service or video service. (Source: P.A. 95‑9, eff. 6‑30‑07; 95‑876, eff. 8‑21‑08.)
(220 ILCS 5/21‑401) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑401. Applications. (a)(1) A person or entity seeking to provide cable service or video service pursuant to this Article shall not use the public rights‑of‑way for the installation or construction of facilities for the provision of cable service or video service or offer cable service or video service until it has obtained a State‑issued authorization to offer or provide cable or video service under this Section, except as provided for in item (2) of this subsection (a). All cable or video providers offering or providing service in this State shall have authorization pursuant to either (i) the Cable and Video Competition Law of 2007 (220 ILCS 5/21‑100 et seq.); (ii) Section 11‑42‑11 of the Illinois Municipal Code (65 ILCS 5/11‑42‑11); or (iii) Section 5‑1095 of the Counties Code (55 ILCS 5/5‑1095). (2) Nothing in this Section shall prohibit a local
unit of government from granting a permit to a person or entity for the use of the public rights‑of‑way to install or construct facilities to provide cable service or video service, at its sole discretion. No unit of local government shall be liable for denial or delay of a permit prior to the issuance of a State‑issued authorization.
(b) The application to the Commission for State‑issued authorization shall contain a completed affidavit submitted by the applicant and signed by an officer or general partner of the applicant affirming all of the following: (1) That the applicant has filed or will timely file
with the Federal Communications Commission all forms required by that agency in advance of offering cable service or video service in this State.
(2) That the applicant agrees to comply with all
applicable federal and State statutes and regulations.
(3) That the applicant agrees to comply with all
applicable local unit of government regulations.
(4) An exact description of the cable service or
video service area where the cable service or video service will be offered during the term of the State‑issued authorization. The service area shall be identified in terms of either (i) exchanges, as that term is defined in Section 13‑206 of this Act; (ii) a collection of United States Census Bureau Block numbers (13 digit); (iii) if the area is smaller than the areas identified in either (i) or (ii), by geographic information system digital boundaries meeting or exceeding national map accuracy standards; or (iv) local unit of government. The description shall include the number of low‑income households within the service area or footprint. If an applicant is a an incumbent cable operator, the incumbent cable operator and any successor‑in‑interest shall be obligated to provide access to cable services or video services within any local units of government at the same levels required by the local franchising authorities for the local unit of government on June 30, 2007 (the effective date of Public Act 95‑9), and its application shall provide a description of an area no smaller than the service areas contained in its franchise or franchises within the jurisdiction of the local unit of government in which it seeks to offer cable or video service.
(5) The location and telephone number of the
applicant's principal place of business within this State and the names of the applicant's principal executive officers who are responsible for communications concerning the application and the services to be offered pursuant to the application, the applicant's legal name, and any name or names under which the applicant does or will provide cable services or video services in this State.
(6) A certification that the applicant has
concurrently delivered a copy of the application to all local units of government that include all or any part of the service area identified in item (4) of this subsection (b) within such local unit of government's jurisdictional boundaries.
(7) The expected date that cable service or video
service will be initially offered in the area identified in item (4) of this subsection (b). In the event that a holder does not offer cable services or video services within 3 months after the expected date, it shall amend its application and update the expected date service will be offered and explain the delay in offering cable services or video services.
The application shall include adequate assurance that the
applicant possesses the financial, managerial, legal, and technical qualifications necessary to construct and operate the proposed system, to promptly repair any damage to the public right‑of‑way caused by the applicant, and to pay the cost of removal of its facilities. To accomplish these requirements, the applicant may, at the time the applicant seeks to use the public rights‑of‑way in that jurisdiction, be required by the State of Illinois or later be required by the local unit of government, or both, to post a bond, produce a certificate of insurance, or otherwise demonstrate its financial responsibility.
The application shall include the applicant's general
standards related to customer service required by Section 22‑501 of this Act, which shall include, but not be limited to, installation, disconnection, service and repair obligations; appointment hours; employee ID requirements; customer service telephone numbers and hours; procedures for billing, charges, deposits, refunds, and credits; procedures for termination of service; notice of deletion of programming service and changes related to transmission of programming or changes or increases in rates; use and availability of parental control or lock‑out devices; complaint procedures and procedures for bill dispute resolution and a description of the rights and remedies available to consumers if the holder does not materially meet their customer service standards; and special services for customers with visual, hearing, or mobility disabilities.
(c)(1) The applicant may designate information that it submits in its application or subsequent reports as confidential or proprietary, provided that the applicant states the reasons the confidential designation is necessary. The Commission shall provide adequate protection for such information pursuant to Section 4‑404 of this Act. If the Commission, a local unit of government, or any other party seeks public disclosure of information designated as confidential, the Commission shall consider the confidential designation in a proceeding under the Illinois Administrative Procedure Act, and the burden of proof to demonstrate that the designated information is confidential shall be upon the applicant. Designated information shall remain confidential pending the Commission's determination of whether the information is entitled to confidential treatment. Information designated as confidential shall be provided to local units of government for purposes of assessing compliance with this Article as permitted under a Protective Order issued by the Commission pursuant to the Commission's rules and to the Attorney General pursuant to Section 6.5 of the Attorney General Act (15 ILCS 205/6.5). Information designated as confidential under this Section or determined to be confidential upon Commission review shall only be disclosed pursuant to a valid and enforceable subpoena or court order or as required by the Freedom of Information Act. Nothing herein shall delay the application approval timeframes set forth in this Article. (2) Information regarding the location of video
services that have been or are being offered to the public and aggregate information included in the reports required by this Article shall not be designated or treated as confidential.
(d)(1) The Commission shall post all applications it receives under this Article on its web site within 5 business days. (2) The Commission shall notify an applicant for a
cable service or video service authorization whether the applicant's application and affidavit are complete on or before the 15th business day after the applicant submits the application. If the application and affidavit are not complete, the Commission shall state in its notice all of the reasons the application or affidavit are incomplete, and the applicant shall resubmit a complete application. The Commission shall have 30 days after submission by the applicant of a complete application and affidavit to issue the service authorization. If the Commission does not notify the applicant regarding the completeness of the application and affidavit or issue the service authorization within the time periods required under this subsection, the application and affidavit shall be considered complete and the service authorization issued upon the expiration of the 30th day.
(e) The authorization issued by the Commission will expire on the date listed in Section 21‑1601 of this Act and shall contain or include all of the following: (1) A grant of authority to provide cable service
or video service in the service area footprint as requested in the application, subject to the laws of the State and the ordinances, rules, and regulations of the local units of government.
(2) A grant of authority to use, occupy, and
construct facilities in the public rights‑of‑way for the delivery of cable service or video service in the service area footprint, subject to the laws, ordinances, rules, or regulations of this State and local units of governments.
(3) A statement that the grant of authority is
subject to lawful operation of the cable service or video service by the applicant, its affiliated entities, or its successors‑in‑interest.
(4) The Commission shall notify a local unit of
government within 3 business days of the grant of any authorization within a service area footprint if that authorization includes any part of the local unit of government's jurisdictional boundaries.
(f) The authorization issued pursuant to this Section by the Commission may be transferred to any successor‑in‑interest to the applicant to which it is initially granted without further Commission action if the successor‑in‑interest (i) submits an application and the information required by subsection (b) of this Section for the successor‑in‑interest and (ii) is not in violation of this Article or of any federal, State, or local law, ordinance, rule, or regulation. A successor‑in‑interest shall file its application and notice of transfer with the Commission and the relevant local units of government no less than 15 business days prior to the completion of the transfer. The Commission is not required or authorized to act upon the notice of transfer; however, the transfer is not effective until the Commission approves the successor‑in‑interest's application. A local unit of government or the Attorney General may seek to bar a transfer of ownership by filing suit in a court of competent jurisdiction predicated on the existence of a material and continuing breach of this Article by the holder, a pattern of noncompliance with customer service standards by the potential successor‑in‑interest, or the insolvency of the potential successor‑in‑interest. If a transfer is made when there are violations of this Article or of any federal, State, or local law, ordinance, rule, or regulation, the successor‑in‑interest shall be subject to 3 times the penalties provided for in this Article. (g) The authorization issued pursuant to Section 21‑401 of this Article by the Commission may be terminated, or its cable service or video service area footprint may be modified, by the cable service provider or video service provider by submitting notice to the Commission and to the relevant local unit of government containing a description of the change on the same terms as the initial description pursuant to item (4) of subsection (b) of this Section. The Commission is not required or authorized to act upon that notice. It shall be a violation of this Article for a holder to discriminate against potential residential subscribers because of the race or income of the residents in the local area in which the group resides by terminating or modifying its cable service or video service area footprint. It shall be a violation of this Article for a holder to terminate or modify its cable service or video service area footprint if it leaves an area with no cable service or video service from any provider. (h) The Commission's authority to administer this Article is limited to the powers and duties explicitly provided under this Article. Its authority under this Article does not include or limit the powers and duties that the Commission has under the other Articles of this Act, the Illinois Administrative Procedure Act, or any other law or regulation to conduct proceedings, other than as provided in subsection (c), or has to promulgate rules or regulations. The Commission shall not have the authority to limit or expand the obligations and requirements provided in this Section or to regulate or control a person or entity to the extent that person or entity is providing cable service or video service, except as provided in this Article. (Source: P.A. 95‑9, eff. 6‑30‑07; 95‑876, eff. 8‑21‑08.)
(220 ILCS 5/21‑601) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑601. Public, education, and government access. For the purposes of this Section, "programming" means content produced or provided by any person, group, governmental agency, or noncommercial public or private agency or organization. (a) Not later than 90 days after a request by the local unit of government or its designee that has received notice under subsection (a) of Section 21‑801 of this Act, the holder shall (i) designate the same amount of capacity on its network to provide for public, education, and government access use as the incumbent cable operator is required to designate under its franchise terms in effect with a local unit of government on January 1, 2007 and (ii) retransmit to its subscribers the same number of public, education, and government access channels as the incumbent cable operator was retransmitting to subscribers on January 1, 2007. (b) If the local unit of government produces or maintains the public education or government programming in a manner or form that is compatible with the holder's network, it shall transmit such programming to the holder in that form provided that form permits the holder to satisfy the requirements of subsection (c) of this Section. If the local unit of government does not produce or maintain such programming in that manner or form, then the holder shall be responsible for any changes in the form of the transmission necessary to make public, education, and government programming compatible with the technology or protocol used by the holder to deliver services. The holder shall receive programming from the local unit of government (or the local unit of government's public, education, and government programming providers) and transmit that public, education, and government programming directly to the holder's subscribers within the local unit of government's jurisdiction at no cost to the local unit of government or the public, education, and government programming providers. If the holder is required to change the form of the transmission, the local unit of government or its designee shall provide reasonable access to the holder to allow the holder to transmit the public, education, and government programming in an economical manner subject to the requirements of subsection (c) of this Section. (c) The holder shall provide to subscribers public, education, and government access channel capacity at equivalent visual and audio quality and equivalent functionality, from the viewing perspective of the subscriber, to that of commercial channels carried on the holder's basic cable or video service offerings or tiers without the need for any equipment other than the equipment necessary to receive the holder's basic cable or video service offerings or tiers. (d) The holder and an incumbent cable operator shall negotiate in good faith to interconnect their networks, if needed, for the purpose of providing public, education, and government programming. Interconnection may be accomplished by direct cable, microwave link, satellite, or other reasonable method of connection. The holder and the incumbent cable operator shall provide interconnection of the public, education, and government channels on reasonable terms and conditions and may not withhold the interconnection. If a holder and an incumbent cable operator cannot reach a mutually acceptable interconnection agreement, the local unit of government may require the incumbent cable operator to allow the holder to interconnect its network with the incumbent cable operator's network at a technically feasible point on their networks. If no technically feasible point for interconnection is available, the holder and an incumbent cable operator shall each make an interconnection available to the public, education, and government channel originators at their local origination points and shall provide the facilities necessary for the interconnection. The cost of any interconnection shall be borne by the holder unless otherwise agreed to by the parties. The interconnection required by this subsection shall be completed within the 90‑day deadline set forth in subsection (a) of this Section. (e) The public, education, and government channels shall be for the exclusive use of the local unit of government or its designee to provide public, education, and government programming. The public, education, and government channels shall be used only for noncommercial purposes. However, advertising, underwriting, or sponsorship recognition may be carried on the channels for the purpose of funding public, education, and government access related activities. (f) Public, education, and government channels shall all be carried on the holder's basic cable or video service offerings or tiers. To the extent feasible, the public, education, and government channels shall not be separated numerically from other channels carried on the holder's basic cable or video service offerings or tiers, and the channel numbers for the public, education, and government channels shall be the same channel numbers used by the incumbent cable operator, unless prohibited by federal law. After the initial designation of public, education, and government channel numbers, the channel numbers shall not be changed without the agreement of the local unit of government or the entity to which the local unit of government has assigned responsibility for managing public, education, and government access channels, unless the change is required by federal law. Each channel shall be capable of carrying a National Television System Committee (NTSC) television signal. (g) The holder shall provide a listing of public, education, and government channels on channel cards and menus provided to subscribers in a manner equivalent to other channels if the holder uses such cards and menus. Further, the holder shall provide a listing of public, education, and government programming on its electronic program guide if such a guide is utilized by the holder. It is the public, education, and government entity's responsibility to provide the holder or its designated agent, as determined by the holder, with program schedules and information in a timely manner. (h) If less than 3 public, education, and government channels are provided within the local unit of government as of January 1, 2007, a local unit of government whose jurisdiction lies within the authorized service area of the holder may initially request the holder to designate sufficient capacity for up to 3 public, education, and government channels. A local unit of government or its designee that seeks to add additional capacity shall give the holder a written notification specifying the number of additional channels to be used, specifying the number of channels in actual use, and verifying that the additional channels requested will be put into actual use. (i) The holder shall, within 90 days of a request by the local unit of government or its designated public, education, or government access entity, provide sufficient capacity for an additional channel for public, education, and government access when the programming on a given access channel exceeds 40 hours per week as measured on a quarterly basis. The additional channel shall not be used for any purpose other than for carrying additional public, education, or government access programming. (j) The public, education, and government access programmer is solely responsible for the content that it provides over designated public, education, or government channels. A holder shall not exercise any editorial control over any programming on any channel designed for public, education, or government use or on any other channel required by law or a binding agreement with the local unit of government. (k) A holder shall not be subject to any civil or criminal liability for any program carried on any channel designated for public, education, or government use. (l) A court of competent jurisdiction shall have exclusive jurisdiction to enforce any requirement under this Section or resolve any dispute regarding the requirements set forth in this Section, and no provider of cable service or video service may be barred from providing service or be required to terminate service as a result of that dispute or enforcement action. (Source: P.A. 95‑9, eff. 6‑30‑07; 95‑876, eff. 8‑21‑08.)
(220 ILCS 5/21‑701) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑701. Emergency alert system. The holder shall comply with all applicable requirements of the Federal Communications Commission involving the distribution and notification of federal, State, and local emergency messages over the emergency alert system applicable to cable operators. The holder will provide a requesting local unit of government with sufficient information regarding how to submit, via telephone or web listing, a local emergency alert for distribution over its cable or video network. To the extent that a local unit of government requires incumbent cable operators to provide emergency alert system messages or services in excess of the requirements of this Section, the holder shall comply with any such additional requirements within the jurisdiction of the local franchising authority. The holder may provide a local emergency alert to an area larger than the boundaries of the local unit of government issuing the emergency alert. (Source: P.A. 95‑9, eff. 6‑30‑07.)
(220 ILCS 5/21‑801) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑801. Applicable fees payable to the local unit of government. (a) Prior to offering cable service or video service in a local unit of government's jurisdiction, a holder shall notify the local unit of government. The notice shall be given to the local unit of government at least 10 days before the holder begins to offer cable service or video service within the boundaries of that local unit of government. (b) In any local unit of government in which a holder offers cable service or video service on a commercial basis, the holder shall be liable for and pay the service provider fee to the local unit of government. The local unit of government shall adopt an ordinance imposing such a fee. The holder's liability for the fee shall commence on the first day of the calendar month that is at least 30 days after the holder receives such ordinance. The ordinance shall be sent by mail, postage prepaid, to the address listed on the holder's application provided to the local unit of government pursuant to item (6) of subsection (b) of Section 21‑401 of this Act. The fee authorized by this Section shall be 5% of gross revenues or the same as the fee paid to the local unit of government by any incumbent cable operator providing cable service. The payment of the service provider fee shall be due on a quarterly basis, 45 days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Except as provided in this Article, the local unit of government may not demand any additional fees or charges from the holder and may not demand the use of any other calculation method other than allowed under this Article. (c) For purposes of this Article, "gross revenues" means all consideration of any kind or nature, including, without limitation, cash, credits, property, and in‑kind contributions received by the holder for the operation of a cable or video system to provide cable service or video service within the holder's cable service or video service area within the local unit of government's jurisdiction. (1) Gross revenues shall include the following: (i) Recurring charges for cable service or video
service.
(ii) Event‑based charges for cable service or
video service, including, but not limited to, pay‑per‑view and video‑on‑demand charges.
(Article scheduled to be repealed on October 1, 2013)
(Source: P.A. 95‑9, eff. 6‑30‑07.)
(220 ILCS 5/21‑100) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑100. Short title. This Article may be cited as the Cable and Video Competition Law of 2007. (Source: P.A. 95‑9, eff. 6‑30‑07.)
(220 ILCS 5/21‑101) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑101. Findings. With respect to cable and video competition, the General Assembly finds that: (a) The economy in the State of Illinois will be
enhanced by investment in new communications, cable services, and video services infrastructure, including broadband facilities, fiber optic, and Internet protocol technologies.
(b) Cable services and video services bring important
daily benefits to Illinois consumers by providing news, education, and entertainment.
(c) Competitive cable service and video service
providers are capable of providing new video programming services and competition to Illinois consumers and of decreasing the prices for video programming services paid by Illinois consumers.
(d) Although there has been some competitive entry
into the facilities‑based video programming market since current franchising requirements in this State were enacted, further entry by facilities‑based providers could benefit consumers, provided cable and video services are equitably available to all Illinois consumers at reasonable prices.
(e) The provision of competitive cable services and
video services is a matter of statewide concern that extends beyond the boundaries of individual local units of government. Notwithstanding the foregoing, public rights‑of‑way are limited resources over which the municipality has a custodial duty to ensure that they are used, repaired, and maintained in a manner that best serves the public interest.
(f) The State authorization process and uniform
standards and procedures in this Article are intended to enable rapid and widespread entry by competitive providers, which will bring to Illinois consumers the benefits of video competition, including providing consumers with more choice, lower prices, higher speed and more advanced Internet access, more diverse and varied news, public information, education, and entertainment programming, and will bring to this State and its local units of government the benefits of new infrastructure investment, job growth, and innovation in broadband and Internet protocol technologies and deployment.
(g) Providing an incumbent cable or video service
provider with the option to secure a State‑issued authorization through the termination of existing cable franchises between incumbent cable and video service providers and any local franchising authority is part of the new regulatory framework established by this Article. This Article is intended to best ensure equal treatment and parity among providers and technologies.
(220 ILCS 5/21‑101.1) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑101.1. Applicability. The provisions of Public Act 95‑9 shall apply only to a holder of a cable service or video service authorization issued by the Commission pursuant to this Article, and shall not apply to any person or entity that provides cable television services under a cable television franchise issued by any municipality or county pursuant to Section 11‑42‑11 of the Illinois Municipal Code (65 ILCS 5/11‑42‑11) or Section 5‑1095 of the Counties Code (55 ILCS 5/5‑1095), unless specifically provided for herein. A local unit of government that has an existing agreement for the provision of video services with a company or entity that uses its telecommunications facilities to provide video service as of May 30, 2007 may continue to operate under that agreement or may, at its discretion, terminate the existing agreement and require the video provider to obtain a State‑issued authorization under this Article. (Source: P.A. 95‑9, eff. 6‑30‑07; 95‑876, eff. 8‑21‑08.)
(220 ILCS 5/21‑201) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑201. Definitions. As used in this Article: (a) "Access" means that the cable or video provider is capable of providing cable services or video services at the household address using any technology, other than direct‑to‑home satellite service, that provides 2‑way broadband Internet capability and video programming, content, and functionality, regardless of whether any customer has ordered service or whether the owner or landlord or other responsible person has granted access to the household. If more than one technology is used, the technologies shall provide similar 2‑way broadband Internet accessibility and similar video programming. (b) "Basic cable or video service" means any cable or video service offering or tier that includes the retransmission of local television broadcast signals. (c) "Broadband service" means a high speed service connection to the public Internet capable of supporting, in at least one direction, a speed in excess of 200 kilobits per second (kbps) to the network demarcation point at the subscriber's premises. (d) "Cable operator" means that term as defined in item (5) of 47 U.S.C. 522. (e) "Cable service" means that term as defined in item (6) of 47 U.S.C. 522. (f) "Cable system" means that term as defined in item (7) of 47 U.S.C. 522. (g) "Commission" means the Illinois Commerce Commission. (h) "Competitive cable service or video service provider" means a person or entity that is providing or seeks to provide cable service or video service in an area where there is at least one incumbent cable operator. (i) "Designated market area" means a designated market area, as determined by Nielsen Media Research and published in the 1999‑2000 Nielsen Station Index Directory and Nielsen Station Index United States Television Household Estimates or any successor publication. For any designated market area that crosses State lines, only households in the portion of the designated market area that is located within the holder's telecommunications service area in the State where access to video service will be offered shall be considered. (j) "Footprint" means the geographic area designated by the cable service or video service provider as the geographic area in which it will offer cable services or video services during the period of its State‑issued authorization. Each footprint shall be identified in terms of either (i) exchanges, as that term is defined in Section 13‑206 of this Act; (ii) a collection of United States Census Bureau Block numbers (13 digit); (iii) if the area is smaller than the areas identified in either (i) or (ii), by geographic information system digital boundaries meeting or exceeding national map accuracy standards; or (iv) local units of government. (k) "Holder" means a person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to Section 21‑401 of this Article. (l) "Household" means a house, an apartment, a mobile home, a group of rooms, or a single room that is intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants live and eat separately from any other persons in the building and that have direct access from the outside of the building or through a common hall. This definition is consistent with the United States Census Bureau, as that definition may be amended thereafter. (m) "Incumbent cable operator" means a person or entity that provided cable services or video services in a particular area under a franchise agreement with a local unit of government pursuant to Section 11‑42‑11 of the Illinois Municipal Code (65 ILCS 5/11‑42‑11) or Section 5‑1095 of the Counties Code (55 ILCS 5/5‑1095) on January 1, 2007. (n) "Local franchising authority" means the local unit of government that has or requires a franchise with a cable operator, a provider of cable services, or a provider of video services to construct or operate a cable or video system or to offer cable services or video services under Section 11‑42‑11 of the Illinois Municipal Code (65 ILCS 5/11‑42‑11) or Section 5‑1095 of the Counties Code (55 ILCS 5/5‑1095). (o) "Local unit of government" means a city, village, incorporated town, or county. (p) "Low‑income household" means those residential households located within the holder's existing telephone service area where the average annual household income is less than $35,000, based on the United States Census Bureau estimates adjusted annually to reflect rates of change and distribution. (q) "Public rights‑of‑way" means the areas on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easements dedicated for compatible uses. (r) "Service" means the provision of cable service or video service to subscribers and the interaction of subscribers with the person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to Section 21‑401 of this Act. (s) "Service provider fee" means the amount paid under Section 21‑801 of this Act by the holder to a municipality, or in the case of an unincorporated service area to a county, for service areas within its territorial jurisdiction, but under no circumstances shall the service provider fee be paid to more than one local unit of government for the same portion of the holder's service area. (t) "Telecommunications service area" means the area designated by the Commission as the area in which a telecommunications company was obligated to provide non‑competitive local telephone service as of February 8, 1996 as incorporated into Section 13‑202.5 of this Act. (u) "Video programming" means that term as defined in item (20) of 47 U.S.C. 522. (v) "Video service" means video programming and subscriber interaction, if any, that is required for the selection or use of such video programming services, and that is provided through wireline facilities located at least in part in the public rights‑of‑way without regard to delivery technology, including Internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider defined in subsection (d) of 47 U.S.C. 332 or any video programming provided solely as part of, and via, service that enables users to access content, information, electronic mail, or other services offered over the public Internet. (Source: P.A. 95‑9, eff. 6‑30‑07; 95‑876, eff. 8‑21‑08.)
(220 ILCS 5/21‑301) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑301. Eligibility. (a) A person or entity seeking to provide cable service or video service in this State after June 30, 2007 (the effective date of Public Act 95‑9) shall either (1) obtain a State‑issued authorization pursuant to Section 21‑401 of the Public Utilities Act (220 ILCS 5/21‑401); (2) obtain authorization pursuant to Section 11‑42‑11 of the Illinois Municipal Code (65 ILCS 5/11‑42‑11); or (3) obtain authorization pursuant to Section 5‑1095 of the Counties Code (55 ILCS 5/5‑1095). (b) An incumbent cable operator shall be eligible to apply for a State‑issued authorization as provided in subsection (c) of this Section. Upon expiration of its current franchise agreement, an incumbent cable operator may obtain State authorization from the Commission pursuant to this Article or may pursue a franchise renewal with the appropriate local franchise authority under State and federal law. An incumbent cable operator and any successor‑in‑interest that receives a State‑issued authorization shall be obligated to provide access to cable services or video services within any local unit of government at the same levels required by the local franchising authorities for the local unit of government on June 30, 2007 (the effective date of Public Act 95‑9). (c)(1) An incumbent cable operator may elect to terminate its agreement with the local franchising authority and obtain a State‑issued authorization by providing written notice to the Commission and the affected local franchising authority and any entity authorized by that franchising authority to manage public, education, and government access at least 180 days prior to its filing an application for a State‑issued authorization. The existing agreement shall be terminated on the date that the Commission issues the State‑issued authorization. (2) An incumbent cable operator that elects to
terminate an existing agreement with a local franchising authority under this Section is responsible for remitting to the affected local franchising authority and any entity designated by that local franchising authority to manage public, education, and government access before the 46th day after the date the agreement is terminated any accrued but unpaid fees due under the terminated agreement. If that incumbent cable operator has credit remaining from prepaid franchise fees, such amount of the remaining credit may be deducted from any future fees the incumbent cable operator must pay to the local franchising authority pursuant to subsection (b) of Section 21‑801 of this Act.
(3) An incumbent cable operator that elects to
terminate an existing agreement with a local franchising authority under this Section shall pay the affected local franchising authority and any entity designated by that franchising authority to manage public, education, and government access, at the time that they would have been due, all monetary payments for public, education, or government access that would have been due during the remaining term of the agreement had it not been terminated as provided in this paragraph. All payments made by an incumbent cable operator pursuant to the previous sentence of this paragraph may be credited against the fees that that operator owes under item (1) of subsection (d) of Section 21‑801 of this Act.
(d) For purposes of this Article, the Commission shall be the franchising authority for cable service or video service providers that apply for and obtain a State‑issued authorization under this Article with regard to the footprint covered by such authorization. Notwithstanding any other provision of this Article, holders using telecommunications facilities to provide cable service or video service are not obligated to provide that service outside the holder's telecommunications service area. (e) Any person or entity that applies for and obtains a State‑issued authorization under this Article shall not be subject to Section 11‑42‑11 of the Illinois Municipal Code (65 ILCS 5/11‑42‑11) or Section 5‑1095 of the Counties Code (55 ILCS 5/5‑1095), except as provided in this Article. Except as provided under this Article, neither the Commission nor any local unit of government may require a person or entity that has applied for and obtained a State‑issued authorization to obtain a separate franchise or pay any franchise fee on cable service or video service. (Source: P.A. 95‑9, eff. 6‑30‑07; 95‑876, eff. 8‑21‑08.)
(220 ILCS 5/21‑401) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑401. Applications. (a)(1) A person or entity seeking to provide cable service or video service pursuant to this Article shall not use the public rights‑of‑way for the installation or construction of facilities for the provision of cable service or video service or offer cable service or video service until it has obtained a State‑issued authorization to offer or provide cable or video service under this Section, except as provided for in item (2) of this subsection (a). All cable or video providers offering or providing service in this State shall have authorization pursuant to either (i) the Cable and Video Competition Law of 2007 (220 ILCS 5/21‑100 et seq.); (ii) Section 11‑42‑11 of the Illinois Municipal Code (65 ILCS 5/11‑42‑11); or (iii) Section 5‑1095 of the Counties Code (55 ILCS 5/5‑1095). (2) Nothing in this Section shall prohibit a local
unit of government from granting a permit to a person or entity for the use of the public rights‑of‑way to install or construct facilities to provide cable service or video service, at its sole discretion. No unit of local government shall be liable for denial or delay of a permit prior to the issuance of a State‑issued authorization.
(b) The application to the Commission for State‑issued authorization shall contain a completed affidavit submitted by the applicant and signed by an officer or general partner of the applicant affirming all of the following: (1) That the applicant has filed or will timely file
with the Federal Communications Commission all forms required by that agency in advance of offering cable service or video service in this State.
(2) That the applicant agrees to comply with all
applicable federal and State statutes and regulations.
(3) That the applicant agrees to comply with all
applicable local unit of government regulations.
(4) An exact description of the cable service or
video service area where the cable service or video service will be offered during the term of the State‑issued authorization. The service area shall be identified in terms of either (i) exchanges, as that term is defined in Section 13‑206 of this Act; (ii) a collection of United States Census Bureau Block numbers (13 digit); (iii) if the area is smaller than the areas identified in either (i) or (ii), by geographic information system digital boundaries meeting or exceeding national map accuracy standards; or (iv) local unit of government. The description shall include the number of low‑income households within the service area or footprint. If an applicant is a an incumbent cable operator, the incumbent cable operator and any successor‑in‑interest shall be obligated to provide access to cable services or video services within any local units of government at the same levels required by the local franchising authorities for the local unit of government on June 30, 2007 (the effective date of Public Act 95‑9), and its application shall provide a description of an area no smaller than the service areas contained in its franchise or franchises within the jurisdiction of the local unit of government in which it seeks to offer cable or video service.
(5) The location and telephone number of the
applicant's principal place of business within this State and the names of the applicant's principal executive officers who are responsible for communications concerning the application and the services to be offered pursuant to the application, the applicant's legal name, and any name or names under which the applicant does or will provide cable services or video services in this State.
(6) A certification that the applicant has
concurrently delivered a copy of the application to all local units of government that include all or any part of the service area identified in item (4) of this subsection (b) within such local unit of government's jurisdictional boundaries.
(7) The expected date that cable service or video
service will be initially offered in the area identified in item (4) of this subsection (b). In the event that a holder does not offer cable services or video services within 3 months after the expected date, it shall amend its application and update the expected date service will be offered and explain the delay in offering cable services or video services.
The application shall include adequate assurance that the
applicant possesses the financial, managerial, legal, and technical qualifications necessary to construct and operate the proposed system, to promptly repair any damage to the public right‑of‑way caused by the applicant, and to pay the cost of removal of its facilities. To accomplish these requirements, the applicant may, at the time the applicant seeks to use the public rights‑of‑way in that jurisdiction, be required by the State of Illinois or later be required by the local unit of government, or both, to post a bond, produce a certificate of insurance, or otherwise demonstrate its financial responsibility.
The application shall include the applicant's general
standards related to customer service required by Section 22‑501 of this Act, which shall include, but not be limited to, installation, disconnection, service and repair obligations; appointment hours; employee ID requirements; customer service telephone numbers and hours; procedures for billing, charges, deposits, refunds, and credits; procedures for termination of service; notice of deletion of programming service and changes related to transmission of programming or changes or increases in rates; use and availability of parental control or lock‑out devices; complaint procedures and procedures for bill dispute resolution and a description of the rights and remedies available to consumers if the holder does not materially meet their customer service standards; and special services for customers with visual, hearing, or mobility disabilities.
(c)(1) The applicant may designate information that it submits in its application or subsequent reports as confidential or proprietary, provided that the applicant states the reasons the confidential designation is necessary. The Commission shall provide adequate protection for such information pursuant to Section 4‑404 of this Act. If the Commission, a local unit of government, or any other party seeks public disclosure of information designated as confidential, the Commission shall consider the confidential designation in a proceeding under the Illinois Administrative Procedure Act, and the burden of proof to demonstrate that the designated information is confidential shall be upon the applicant. Designated information shall remain confidential pending the Commission's determination of whether the information is entitled to confidential treatment. Information designated as confidential shall be provided to local units of government for purposes of assessing compliance with this Article as permitted under a Protective Order issued by the Commission pursuant to the Commission's rules and to the Attorney General pursuant to Section 6.5 of the Attorney General Act (15 ILCS 205/6.5). Information designated as confidential under this Section or determined to be confidential upon Commission review shall only be disclosed pursuant to a valid and enforceable subpoena or court order or as required by the Freedom of Information Act. Nothing herein shall delay the application approval timeframes set forth in this Article. (2) Information regarding the location of video
services that have been or are being offered to the public and aggregate information included in the reports required by this Article shall not be designated or treated as confidential.
(d)(1) The Commission shall post all applications it receives under this Article on its web site within 5 business days. (2) The Commission shall notify an applicant for a
cable service or video service authorization whether the applicant's application and affidavit are complete on or before the 15th business day after the applicant submits the application. If the application and affidavit are not complete, the Commission shall state in its notice all of the reasons the application or affidavit are incomplete, and the applicant shall resubmit a complete application. The Commission shall have 30 days after submission by the applicant of a complete application and affidavit to issue the service authorization. If the Commission does not notify the applicant regarding the completeness of the application and affidavit or issue the service authorization within the time periods required under this subsection, the application and affidavit shall be considered complete and the service authorization issued upon the expiration of the 30th day.
(e) The authorization issued by the Commission will expire on the date listed in Section 21‑1601 of this Act and shall contain or include all of the following: (1) A grant of authority to provide cable service
or video service in the service area footprint as requested in the application, subject to the laws of the State and the ordinances, rules, and regulations of the local units of government.
(2) A grant of authority to use, occupy, and
construct facilities in the public rights‑of‑way for the delivery of cable service or video service in the service area footprint, subject to the laws, ordinances, rules, or regulations of this State and local units of governments.
(3) A statement that the grant of authority is
subject to lawful operation of the cable service or video service by the applicant, its affiliated entities, or its successors‑in‑interest.
(4) The Commission shall notify a local unit of
government within 3 business days of the grant of any authorization within a service area footprint if that authorization includes any part of the local unit of government's jurisdictional boundaries.
(f) The authorization issued pursuant to this Section by the Commission may be transferred to any successor‑in‑interest to the applicant to which it is initially granted without further Commission action if the successor‑in‑interest (i) submits an application and the information required by subsection (b) of this Section for the successor‑in‑interest and (ii) is not in violation of this Article or of any federal, State, or local law, ordinance, rule, or regulation. A successor‑in‑interest shall file its application and notice of transfer with the Commission and the relevant local units of government no less than 15 business days prior to the completion of the transfer. The Commission is not required or authorized to act upon the notice of transfer; however, the transfer is not effective until the Commission approves the successor‑in‑interest's application. A local unit of government or the Attorney General may seek to bar a transfer of ownership by filing suit in a court of competent jurisdiction predicated on the existence of a material and continuing breach of this Article by the holder, a pattern of noncompliance with customer service standards by the potential successor‑in‑interest, or the insolvency of the potential successor‑in‑interest. If a transfer is made when there are violations of this Article or of any federal, State, or local law, ordinance, rule, or regulation, the successor‑in‑interest shall be subject to 3 times the penalties provided for in this Article. (g) The authorization issued pursuant to Section 21‑401 of this Article by the Commission may be terminated, or its cable service or video service area footprint may be modified, by the cable service provider or video service provider by submitting notice to the Commission and to the relevant local unit of government containing a description of the change on the same terms as the initial description pursuant to item (4) of subsection (b) of this Section. The Commission is not required or authorized to act upon that notice. It shall be a violation of this Article for a holder to discriminate against potential residential subscribers because of the race or income of the residents in the local area in which the group resides by terminating or modifying its cable service or video service area footprint. It shall be a violation of this Article for a holder to terminate or modify its cable service or video service area footprint if it leaves an area with no cable service or video service from any provider. (h) The Commission's authority to administer this Article is limited to the powers and duties explicitly provided under this Article. Its authority under this Article does not include or limit the powers and duties that the Commission has under the other Articles of this Act, the Illinois Administrative Procedure Act, or any other law or regulation to conduct proceedings, other than as provided in subsection (c), or has to promulgate rules or regulations. The Commission shall not have the authority to limit or expand the obligations and requirements provided in this Section or to regulate or control a person or entity to the extent that person or entity is providing cable service or video service, except as provided in this Article. (Source: P.A. 95‑9, eff. 6‑30‑07; 95‑876, eff. 8‑21‑08.)
(220 ILCS 5/21‑601) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑601. Public, education, and government access. For the purposes of this Section, "programming" means content produced or provided by any person, group, governmental agency, or noncommercial public or private agency or organization. (a) Not later than 90 days after a request by the local unit of government or its designee that has received notice under subsection (a) of Section 21‑801 of this Act, the holder shall (i) designate the same amount of capacity on its network to provide for public, education, and government access use as the incumbent cable operator is required to designate under its franchise terms in effect with a local unit of government on January 1, 2007 and (ii) retransmit to its subscribers the same number of public, education, and government access channels as the incumbent cable operator was retransmitting to subscribers on January 1, 2007. (b) If the local unit of government produces or maintains the public education or government programming in a manner or form that is compatible with the holder's network, it shall transmit such programming to the holder in that form provided that form permits the holder to satisfy the requirements of subsection (c) of this Section. If the local unit of government does not produce or maintain such programming in that manner or form, then the holder shall be responsible for any changes in the form of the transmission necessary to make public, education, and government programming compatible with the technology or protocol used by the holder to deliver services. The holder shall receive programming from the local unit of government (or the local unit of government's public, education, and government programming providers) and transmit that public, education, and government programming directly to the holder's subscribers within the local unit of government's jurisdiction at no cost to the local unit of government or the public, education, and government programming providers. If the holder is required to change the form of the transmission, the local unit of government or its designee shall provide reasonable access to the holder to allow the holder to transmit the public, education, and government programming in an economical manner subject to the requirements of subsection (c) of this Section. (c) The holder shall provide to subscribers public, education, and government access channel capacity at equivalent visual and audio quality and equivalent functionality, from the viewing perspective of the subscriber, to that of commercial channels carried on the holder's basic cable or video service offerings or tiers without the need for any equipment other than the equipment necessary to receive the holder's basic cable or video service offerings or tiers. (d) The holder and an incumbent cable operator shall negotiate in good faith to interconnect their networks, if needed, for the purpose of providing public, education, and government programming. Interconnection may be accomplished by direct cable, microwave link, satellite, or other reasonable method of connection. The holder and the incumbent cable operator shall provide interconnection of the public, education, and government channels on reasonable terms and conditions and may not withhold the interconnection. If a holder and an incumbent cable operator cannot reach a mutually acceptable interconnection agreement, the local unit of government may require the incumbent cable operator to allow the holder to interconnect its network with the incumbent cable operator's network at a technically feasible point on their networks. If no technically feasible point for interconnection is available, the holder and an incumbent cable operator shall each make an interconnection available to the public, education, and government channel originators at their local origination points and shall provide the facilities necessary for the interconnection. The cost of any interconnection shall be borne by the holder unless otherwise agreed to by the parties. The interconnection required by this subsection shall be completed within the 90‑day deadline set forth in subsection (a) of this Section. (e) The public, education, and government channels shall be for the exclusive use of the local unit of government or its designee to provide public, education, and government programming. The public, education, and government channels shall be used only for noncommercial purposes. However, advertising, underwriting, or sponsorship recognition may be carried on the channels for the purpose of funding public, education, and government access related activities. (f) Public, education, and government channels shall all be carried on the holder's basic cable or video service offerings or tiers. To the extent feasible, the public, education, and government channels shall not be separated numerically from other channels carried on the holder's basic cable or video service offerings or tiers, and the channel numbers for the public, education, and government channels shall be the same channel numbers used by the incumbent cable operator, unless prohibited by federal law. After the initial designation of public, education, and government channel numbers, the channel numbers shall not be changed without the agreement of the local unit of government or the entity to which the local unit of government has assigned responsibility for managing public, education, and government access channels, unless the change is required by federal law. Each channel shall be capable of carrying a National Television System Committee (NTSC) television signal. (g) The holder shall provide a listing of public, education, and government channels on channel cards and menus provided to subscribers in a manner equivalent to other channels if the holder uses such cards and menus. Further, the holder shall provide a listing of public, education, and government programming on its electronic program guide if such a guide is utilized by the holder. It is the public, education, and government entity's responsibility to provide the holder or its designated agent, as determined by the holder, with program schedules and information in a timely manner. (h) If less than 3 public, education, and government channels are provided within the local unit of government as of January 1, 2007, a local unit of government whose jurisdiction lies within the authorized service area of the holder may initially request the holder to designate sufficient capacity for up to 3 public, education, and government channels. A local unit of government or its designee that seeks to add additional capacity shall give the holder a written notification specifying the number of additional channels to be used, specifying the number of channels in actual use, and verifying that the additional channels requested will be put into actual use. (i) The holder shall, within 90 days of a request by the local unit of government or its designated public, education, or government access entity, provide sufficient capacity for an additional channel for public, education, and government access when the programming on a given access channel exceeds 40 hours per week as measured on a quarterly basis. The additional channel shall not be used for any purpose other than for carrying additional public, education, or government access programming. (j) The public, education, and government access programmer is solely responsible for the content that it provides over designated public, education, or government channels. A holder shall not exercise any editorial control over any programming on any channel designed for public, education, or government use or on any other channel required by law or a binding agreement with the local unit of government. (k) A holder shall not be subject to any civil or criminal liability for any program carried on any channel designated for public, education, or government use. (l) A court of competent jurisdiction shall have exclusive jurisdiction to enforce any requirement under this Section or resolve any dispute regarding the requirements set forth in this Section, and no provider of cable service or video service may be barred from providing service or be required to terminate service as a result of that dispute or enforcement action. (Source: P.A. 95‑9, eff. 6‑30‑07; 95‑876, eff. 8‑21‑08.)
(220 ILCS 5/21‑701) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑701. Emergency alert system. The holder shall comply with all applicable requirements of the Federal Communications Commission involving the distribution and notification of federal, State, and local emergency messages over the emergency alert system applicable to cable operators. The holder will provide a requesting local unit of government with sufficient information regarding how to submit, via telephone or web listing, a local emergency alert for distribution over its cable or video network. To the extent that a local unit of government requires incumbent cable operators to provide emergency alert system messages or services in excess of the requirements of this Section, the holder shall comply with any such additional requirements within the jurisdiction of the local franchising authority. The holder may provide a local emergency alert to an area larger than the boundaries of the local unit of government issuing the emergency alert. (Source: P.A. 95‑9, eff. 6‑30‑07.)
(220 ILCS 5/21‑801) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑801. Applicable fees payable to the local unit of government. (a) Prior to offering cable service or video service in a local unit of government's jurisdiction, a holder shall notify the local unit of government. The notice shall be given to the local unit of government at least 10 days before the holder begins to offer cable service or video service within the boundaries of that local unit of government. (b) In any local unit of government in which a holder offers cable service or video service on a commercial basis, the holder shall be liable for and pay the service provider fee to the local unit of government. The local unit of government shall adopt an ordinance imposing such a fee. The holder's liability for the fee shall commence on the first day of the calendar month that is at least 30 days after the holder receives such ordinance. The ordinance shall be sent by mail, postage prepaid, to the address listed on the holder's application provided to the local unit of government pursuant to item (6) of subsection (b) of Section 21‑401 of this Act. The fee authorized by this Section shall be 5% of gross revenues or the same as the fee paid to the local unit of government by any incumbent cable operator providing cable service. The payment of the service provider fee shall be due on a quarterly basis, 45 days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Except as provided in this Article, the local unit of government may not demand any additional fees or charges from the holder and may not demand the use of any other calculation method other than allowed under this Article. (c) For purposes of this Article, "gross revenues" means all consideration of any kind or nature, including, without limitation, cash, credits, property, and in‑kind contributions received by the holder for the operation of a cable or video system to provide cable service or video service within the holder's cable service or video service area within the local unit of government's jurisdiction. (1) Gross revenues shall include the following: (i) Recurring charges for cable service or video
service.
(ii) Event‑based charges for cable service or
video service, including, but not limited to, pay‑per‑view and video‑on‑demand charges.
(Article scheduled to be repealed on October 1, 2013)
(Source: P.A. 95‑9, eff. 6‑30‑07.)
(220 ILCS 5/21‑100) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑100. Short title. This Article may be cited as the Cable and Video Competition Law of 2007. (Source: P.A. 95‑9, eff. 6‑30‑07.)
(220 ILCS 5/21‑101) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑101. Findings. With respect to cable and video competition, the General Assembly finds that: (a) The economy in the State of Illinois will be
enhanced by investment in new communications, cable services, and video services infrastructure, including broadband facilities, fiber optic, and Internet protocol technologies.
(b) Cable services and video services bring important
daily benefits to Illinois consumers by providing news, education, and entertainment.
(c) Competitive cable service and video service
providers are capable of providing new video programming services and competition to Illinois consumers and of decreasing the prices for video programming services paid by Illinois consumers.
(d) Although there has been some competitive entry
into the facilities‑based video programming market since current franchising requirements in this State were enacted, further entry by facilities‑based providers could benefit consumers, provided cable and video services are equitably available to all Illinois consumers at reasonable prices.
(e) The provision of competitive cable services and
video services is a matter of statewide concern that extends beyond the boundaries of individual local units of government. Notwithstanding the foregoing, public rights‑of‑way are limited resources over which the municipality has a custodial duty to ensure that they are used, repaired, and maintained in a manner that best serves the public interest.
(f) The State authorization process and uniform
standards and procedures in this Article are intended to enable rapid and widespread entry by competitive providers, which will bring to Illinois consumers the benefits of video competition, including providing consumers with more choice, lower prices, higher speed and more advanced Internet access, more diverse and varied news, public information, education, and entertainment programming, and will bring to this State and its local units of government the benefits of new infrastructure investment, job growth, and innovation in broadband and Internet protocol technologies and deployment.
(g) Providing an incumbent cable or video service
provider with the option to secure a State‑issued authorization through the termination of existing cable franchises between incumbent cable and video service providers and any local franchising authority is part of the new regulatory framework established by this Article. This Article is intended to best ensure equal treatment and parity among providers and technologies.
(220 ILCS 5/21‑101.1) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑101.1. Applicability. The provisions of Public Act 95‑9 shall apply only to a holder of a cable service or video service authorization issued by the Commission pursuant to this Article, and shall not apply to any person or entity that provides cable television services under a cable television franchise issued by any municipality or county pursuant to Section 11‑42‑11 of the Illinois Municipal Code (65 ILCS 5/11‑42‑11) or Section 5‑1095 of the Counties Code (55 ILCS 5/5‑1095), unless specifically provided for herein. A local unit of government that has an existing agreement for the provision of video services with a company or entity that uses its telecommunications facilities to provide video service as of May 30, 2007 may continue to operate under that agreement or may, at its discretion, terminate the existing agreement and require the video provider to obtain a State‑issued authorization under this Article. (Source: P.A. 95‑9, eff. 6‑30‑07; 95‑876, eff. 8‑21‑08.)
(220 ILCS 5/21‑201) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑201. Definitions. As used in this Article: (a) "Access" means that the cable or video provider is capable of providing cable services or video services at the household address using any technology, other than direct‑to‑home satellite service, that provides 2‑way broadband Internet capability and video programming, content, and functionality, regardless of whether any customer has ordered service or whether the owner or landlord or other responsible person has granted access to the household. If more than one technology is used, the technologies shall provide similar 2‑way broadband Internet accessibility and similar video programming. (b) "Basic cable or video service" means any cable or video service offering or tier that includes the retransmission of local television broadcast signals. (c) "Broadband service" means a high speed service connection to the public Internet capable of supporting, in at least one direction, a speed in excess of 200 kilobits per second (kbps) to the network demarcation point at the subscriber's premises. (d) "Cable operator" means that term as defined in item (5) of 47 U.S.C. 522. (e) "Cable service" means that term as defined in item (6) of 47 U.S.C. 522. (f) "Cable system" means that term as defined in item (7) of 47 U.S.C. 522. (g) "Commission" means the Illinois Commerce Commission. (h) "Competitive cable service or video service provider" means a person or entity that is providing or seeks to provide cable service or video service in an area where there is at least one incumbent cable operator. (i) "Designated market area" means a designated market area, as determined by Nielsen Media Research and published in the 1999‑2000 Nielsen Station Index Directory and Nielsen Station Index United States Television Household Estimates or any successor publication. For any designated market area that crosses State lines, only households in the portion of the designated market area that is located within the holder's telecommunications service area in the State where access to video service will be offered shall be considered. (j) "Footprint" means the geographic area designated by the cable service or video service provider as the geographic area in which it will offer cable services or video services during the period of its State‑issued authorization. Each footprint shall be identified in terms of either (i) exchanges, as that term is defined in Section 13‑206 of this Act; (ii) a collection of United States Census Bureau Block numbers (13 digit); (iii) if the area is smaller than the areas identified in either (i) or (ii), by geographic information system digital boundaries meeting or exceeding national map accuracy standards; or (iv) local units of government. (k) "Holder" means a person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to Section 21‑401 of this Article. (l) "Household" means a house, an apartment, a mobile home, a group of rooms, or a single room that is intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants live and eat separately from any other persons in the building and that have direct access from the outside of the building or through a common hall. This definition is consistent with the United States Census Bureau, as that definition may be amended thereafter. (m) "Incumbent cable operator" means a person or entity that provided cable services or video services in a particular area under a franchise agreement with a local unit of government pursuant to Section 11‑42‑11 of the Illinois Municipal Code (65 ILCS 5/11‑42‑11) or Section 5‑1095 of the Counties Code (55 ILCS 5/5‑1095) on January 1, 2007. (n) "Local franchising authority" means the local unit of government that has or requires a franchise with a cable operator, a provider of cable services, or a provider of video services to construct or operate a cable or video system or to offer cable services or video services under Section 11‑42‑11 of the Illinois Municipal Code (65 ILCS 5/11‑42‑11) or Section 5‑1095 of the Counties Code (55 ILCS 5/5‑1095). (o) "Local unit of government" means a city, village, incorporated town, or county. (p) "Low‑income household" means those residential households located within the holder's existing telephone service area where the average annual household income is less than $35,000, based on the United States Census Bureau estimates adjusted annually to reflect rates of change and distribution. (q) "Public rights‑of‑way" means the areas on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easements dedicated for compatible uses. (r) "Service" means the provision of cable service or video service to subscribers and the interaction of subscribers with the person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to Section 21‑401 of this Act. (s) "Service provider fee" means the amount paid under Section 21‑801 of this Act by the holder to a municipality, or in the case of an unincorporated service area to a county, for service areas within its territorial jurisdiction, but under no circumstances shall the service provider fee be paid to more than one local unit of government for the same portion of the holder's service area. (t) "Telecommunications service area" means the area designated by the Commission as the area in which a telecommunications company was obligated to provide non‑competitive local telephone service as of February 8, 1996 as incorporated into Section 13‑202.5 of this Act. (u) "Video programming" means that term as defined in item (20) of 47 U.S.C. 522. (v) "Video service" means video programming and subscriber interaction, if any, that is required for the selection or use of such video programming services, and that is provided through wireline facilities located at least in part in the public rights‑of‑way without regard to delivery technology, including Internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider defined in subsection (d) of 47 U.S.C. 332 or any video programming provided solely as part of, and via, service that enables users to access content, information, electronic mail, or other services offered over the public Internet. (Source: P.A. 95‑9, eff. 6‑30‑07; 95‑876, eff. 8‑21‑08.)
(220 ILCS 5/21‑301) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑301. Eligibility. (a) A person or entity seeking to provide cable service or video service in this State after June 30, 2007 (the effective date of Public Act 95‑9) shall either (1) obtain a State‑issued authorization pursuant to Section 21‑401 of the Public Utilities Act (220 ILCS 5/21‑401); (2) obtain authorization pursuant to Section 11‑42‑11 of the Illinois Municipal Code (65 ILCS 5/11‑42‑11); or (3) obtain authorization pursuant to Section 5‑1095 of the Counties Code (55 ILCS 5/5‑1095). (b) An incumbent cable operator shall be eligible to apply for a State‑issued authorization as provided in subsection (c) of this Section. Upon expiration of its current franchise agreement, an incumbent cable operator may obtain State authorization from the Commission pursuant to this Article or may pursue a franchise renewal with the appropriate local franchise authority under State and federal law. An incumbent cable operator and any successor‑in‑interest that receives a State‑issued authorization shall be obligated to provide access to cable services or video services within any local unit of government at the same levels required by the local franchising authorities for the local unit of government on June 30, 2007 (the effective date of Public Act 95‑9). (c)(1) An incumbent cable operator may elect to terminate its agreement with the local franchising authority and obtain a State‑issued authorization by providing written notice to the Commission and the affected local franchising authority and any entity authorized by that franchising authority to manage public, education, and government access at least 180 days prior to its filing an application for a State‑issued authorization. The existing agreement shall be terminated on the date that the Commission issues the State‑issued authorization. (2) An incumbent cable operator that elects to
terminate an existing agreement with a local franchising authority under this Section is responsible for remitting to the affected local franchising authority and any entity designated by that local franchising authority to manage public, education, and government access before the 46th day after the date the agreement is terminated any accrued but unpaid fees due under the terminated agreement. If that incumbent cable operator has credit remaining from prepaid franchise fees, such amount of the remaining credit may be deducted from any future fees the incumbent cable operator must pay to the local franchising authority pursuant to subsection (b) of Section 21‑801 of this Act.
(3) An incumbent cable operator that elects to
terminate an existing agreement with a local franchising authority under this Section shall pay the affected local franchising authority and any entity designated by that franchising authority to manage public, education, and government access, at the time that they would have been due, all monetary payments for public, education, or government access that would have been due during the remaining term of the agreement had it not been terminated as provided in this paragraph. All payments made by an incumbent cable operator pursuant to the previous sentence of this paragraph may be credited against the fees that that operator owes under item (1) of subsection (d) of Section 21‑801 of this Act.
(d) For purposes of this Article, the Commission shall be the franchising authority for cable service or video service providers that apply for and obtain a State‑issued authorization under this Article with regard to the footprint covered by such authorization. Notwithstanding any other provision of this Article, holders using telecommunications facilities to provide cable service or video service are not obligated to provide that service outside the holder's telecommunications service area. (e) Any person or entity that applies for and obtains a State‑issued authorization under this Article shall not be subject to Section 11‑42‑11 of the Illinois Municipal Code (65 ILCS 5/11‑42‑11) or Section 5‑1095 of the Counties Code (55 ILCS 5/5‑1095), except as provided in this Article. Except as provided under this Article, neither the Commission nor any local unit of government may require a person or entity that has applied for and obtained a State‑issued authorization to obtain a separate franchise or pay any franchise fee on cable service or video service. (Source: P.A. 95‑9, eff. 6‑30‑07; 95‑876, eff. 8‑21‑08.)
(220 ILCS 5/21‑401) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑401. Applications. (a)(1) A person or entity seeking to provide cable service or video service pursuant to this Article shall not use the public rights‑of‑way for the installation or construction of facilities for the provision of cable service or video service or offer cable service or video service until it has obtained a State‑issued authorization to offer or provide cable or video service under this Section, except as provided for in item (2) of this subsection (a). All cable or video providers offering or providing service in this State shall have authorization pursuant to either (i) the Cable and Video Competition Law of 2007 (220 ILCS 5/21‑100 et seq.); (ii) Section 11‑42‑11 of the Illinois Municipal Code (65 ILCS 5/11‑42‑11); or (iii) Section 5‑1095 of the Counties Code (55 ILCS 5/5‑1095). (2) Nothing in this Section shall prohibit a local
unit of government from granting a permit to a person or entity for the use of the public rights‑of‑way to install or construct facilities to provide cable service or video service, at its sole discretion. No unit of local government shall be liable for denial or delay of a permit prior to the issuance of a State‑issued authorization.
(b) The application to the Commission for State‑issued authorization shall contain a completed affidavit submitted by the applicant and signed by an officer or general partner of the applicant affirming all of the following: (1) That the applicant has filed or will timely file
with the Federal Communications Commission all forms required by that agency in advance of offering cable service or video service in this State.
(2) That the applicant agrees to comply with all
applicable federal and State statutes and regulations.
(3) That the applicant agrees to comply with all
applicable local unit of government regulations.
(4) An exact description of the cable service or
video service area where the cable service or video service will be offered during the term of the State‑issued authorization. The service area shall be identified in terms of either (i) exchanges, as that term is defined in Section 13‑206 of this Act; (ii) a collection of United States Census Bureau Block numbers (13 digit); (iii) if the area is smaller than the areas identified in either (i) or (ii), by geographic information system digital boundaries meeting or exceeding national map accuracy standards; or (iv) local unit of government. The description shall include the number of low‑income households within the service area or footprint. If an applicant is a an incumbent cable operator, the incumbent cable operator and any successor‑in‑interest shall be obligated to provide access to cable services or video services within any local units of government at the same levels required by the local franchising authorities for the local unit of government on June 30, 2007 (the effective date of Public Act 95‑9), and its application shall provide a description of an area no smaller than the service areas contained in its franchise or franchises within the jurisdiction of the local unit of government in which it seeks to offer cable or video service.
(5) The location and telephone number of the
applicant's principal place of business within this State and the names of the applicant's principal executive officers who are responsible for communications concerning the application and the services to be offered pursuant to the application, the applicant's legal name, and any name or names under which the applicant does or will provide cable services or video services in this State.
(6) A certification that the applicant has
concurrently delivered a copy of the application to all local units of government that include all or any part of the service area identified in item (4) of this subsection (b) within such local unit of government's jurisdictional boundaries.
(7) The expected date that cable service or video
service will be initially offered in the area identified in item (4) of this subsection (b). In the event that a holder does not offer cable services or video services within 3 months after the expected date, it shall amend its application and update the expected date service will be offered and explain the delay in offering cable services or video services.
The application shall include adequate assurance that the
applicant possesses the financial, managerial, legal, and technical qualifications necessary to construct and operate the proposed system, to promptly repair any damage to the public right‑of‑way caused by the applicant, and to pay the cost of removal of its facilities. To accomplish these requirements, the applicant may, at the time the applicant seeks to use the public rights‑of‑way in that jurisdiction, be required by the State of Illinois or later be required by the local unit of government, or both, to post a bond, produce a certificate of insurance, or otherwise demonstrate its financial responsibility.
The application shall include the applicant's general
standards related to customer service required by Section 22‑501 of this Act, which shall include, but not be limited to, installation, disconnection, service and repair obligations; appointment hours; employee ID requirements; customer service telephone numbers and hours; procedures for billing, charges, deposits, refunds, and credits; procedures for termination of service; notice of deletion of programming service and changes related to transmission of programming or changes or increases in rates; use and availability of parental control or lock‑out devices; complaint procedures and procedures for bill dispute resolution and a description of the rights and remedies available to consumers if the holder does not materially meet their customer service standards; and special services for customers with visual, hearing, or mobility disabilities.
(c)(1) The applicant may designate information that it submits in its application or subsequent reports as confidential or proprietary, provided that the applicant states the reasons the confidential designation is necessary. The Commission shall provide adequate protection for such information pursuant to Section 4‑404 of this Act. If the Commission, a local unit of government, or any other party seeks public disclosure of information designated as confidential, the Commission shall consider the confidential designation in a proceeding under the Illinois Administrative Procedure Act, and the burden of proof to demonstrate that the designated information is confidential shall be upon the applicant. Designated information shall remain confidential pending the Commission's determination of whether the information is entitled to confidential treatment. Information designated as confidential shall be provided to local units of government for purposes of assessing compliance with this Article as permitted under a Protective Order issued by the Commission pursuant to the Commission's rules and to the Attorney General pursuant to Section 6.5 of the Attorney General Act (15 ILCS 205/6.5). Information designated as confidential under this Section or determined to be confidential upon Commission review shall only be disclosed pursuant to a valid and enforceable subpoena or court order or as required by the Freedom of Information Act. Nothing herein shall delay the application approval timeframes set forth in this Article. (2) Information regarding the location of video
services that have been or are being offered to the public and aggregate information included in the reports required by this Article shall not be designated or treated as confidential.
(d)(1) The Commission shall post all applications it receives under this Article on its web site within 5 business days. (2) The Commission shall notify an applicant for a
cable service or video service authorization whether the applicant's application and affidavit are complete on or before the 15th business day after the applicant submits the application. If the application and affidavit are not complete, the Commission shall state in its notice all of the reasons the application or affidavit are incomplete, and the applicant shall resubmit a complete application. The Commission shall have 30 days after submission by the applicant of a complete application and affidavit to issue the service authorization. If the Commission does not notify the applicant regarding the completeness of the application and affidavit or issue the service authorization within the time periods required under this subsection, the application and affidavit shall be considered complete and the service authorization issued upon the expiration of the 30th day.
(e) The authorization issued by the Commission will expire on the date listed in Section 21‑1601 of this Act and shall contain or include all of the following: (1) A grant of authority to provide cable service
or video service in the service area footprint as requested in the application, subject to the laws of the State and the ordinances, rules, and regulations of the local units of government.
(2) A grant of authority to use, occupy, and
construct facilities in the public rights‑of‑way for the delivery of cable service or video service in the service area footprint, subject to the laws, ordinances, rules, or regulations of this State and local units of governments.
(3) A statement that the grant of authority is
subject to lawful operation of the cable service or video service by the applicant, its affiliated entities, or its successors‑in‑interest.
(4) The Commission shall notify a local unit of
government within 3 business days of the grant of any authorization within a service area footprint if that authorization includes any part of the local unit of government's jurisdictional boundaries.
(f) The authorization issued pursuant to this Section by the Commission may be transferred to any successor‑in‑interest to the applicant to which it is initially granted without further Commission action if the successor‑in‑interest (i) submits an application and the information required by subsection (b) of this Section for the successor‑in‑interest and (ii) is not in violation of this Article or of any federal, State, or local law, ordinance, rule, or regulation. A successor‑in‑interest shall file its application and notice of transfer with the Commission and the relevant local units of government no less than 15 business days prior to the completion of the transfer. The Commission is not required or authorized to act upon the notice of transfer; however, the transfer is not effective until the Commission approves the successor‑in‑interest's application. A local unit of government or the Attorney General may seek to bar a transfer of ownership by filing suit in a court of competent jurisdiction predicated on the existence of a material and continuing breach of this Article by the holder, a pattern of noncompliance with customer service standards by the potential successor‑in‑interest, or the insolvency of the potential successor‑in‑interest. If a transfer is made when there are violations of this Article or of any federal, State, or local law, ordinance, rule, or regulation, the successor‑in‑interest shall be subject to 3 times the penalties provided for in this Article. (g) The authorization issued pursuant to Section 21‑401 of this Article by the Commission may be terminated, or its cable service or video service area footprint may be modified, by the cable service provider or video service provider by submitting notice to the Commission and to the relevant local unit of government containing a description of the change on the same terms as the initial description pursuant to item (4) of subsection (b) of this Section. The Commission is not required or authorized to act upon that notice. It shall be a violation of this Article for a holder to discriminate against potential residential subscribers because of the race or income of the residents in the local area in which the group resides by terminating or modifying its cable service or video service area footprint. It shall be a violation of this Article for a holder to terminate or modify its cable service or video service area footprint if it leaves an area with no cable service or video service from any provider. (h) The Commission's authority to administer this Article is limited to the powers and duties explicitly provided under this Article. Its authority under this Article does not include or limit the powers and duties that the Commission has under the other Articles of this Act, the Illinois Administrative Procedure Act, or any other law or regulation to conduct proceedings, other than as provided in subsection (c), or has to promulgate rules or regulations. The Commission shall not have the authority to limit or expand the obligations and requirements provided in this Section or to regulate or control a person or entity to the extent that person or entity is providing cable service or video service, except as provided in this Article. (Source: P.A. 95‑9, eff. 6‑30‑07; 95‑876, eff. 8‑21‑08.)
(220 ILCS 5/21‑601) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑601. Public, education, and government access. For the purposes of this Section, "programming" means content produced or provided by any person, group, governmental agency, or noncommercial public or private agency or organization. (a) Not later than 90 days after a request by the local unit of government or its designee that has received notice under subsection (a) of Section 21‑801 of this Act, the holder shall (i) designate the same amount of capacity on its network to provide for public, education, and government access use as the incumbent cable operator is required to designate under its franchise terms in effect with a local unit of government on January 1, 2007 and (ii) retransmit to its subscribers the same number of public, education, and government access channels as the incumbent cable operator was retransmitting to subscribers on January 1, 2007. (b) If the local unit of government produces or maintains the public education or government programming in a manner or form that is compatible with the holder's network, it shall transmit such programming to the holder in that form provided that form permits the holder to satisfy the requirements of subsection (c) of this Section. If the local unit of government does not produce or maintain such programming in that manner or form, then the holder shall be responsible for any changes in the form of the transmission necessary to make public, education, and government programming compatible with the technology or protocol used by the holder to deliver services. The holder shall receive programming from the local unit of government (or the local unit of government's public, education, and government programming providers) and transmit that public, education, and government programming directly to the holder's subscribers within the local unit of government's jurisdiction at no cost to the local unit of government or the public, education, and government programming providers. If the holder is required to change the form of the transmission, the local unit of government or its designee shall provide reasonable access to the holder to allow the holder to transmit the public, education, and government programming in an economical manner subject to the requirements of subsection (c) of this Section. (c) The holder shall provide to subscribers public, education, and government access channel capacity at equivalent visual and audio quality and equivalent functionality, from the viewing perspective of the subscriber, to that of commercial channels carried on the holder's basic cable or video service offerings or tiers without the need for any equipment other than the equipment necessary to receive the holder's basic cable or video service offerings or tiers. (d) The holder and an incumbent cable operator shall negotiate in good faith to interconnect their networks, if needed, for the purpose of providing public, education, and government programming. Interconnection may be accomplished by direct cable, microwave link, satellite, or other reasonable method of connection. The holder and the incumbent cable operator shall provide interconnection of the public, education, and government channels on reasonable terms and conditions and may not withhold the interconnection. If a holder and an incumbent cable operator cannot reach a mutually acceptable interconnection agreement, the local unit of government may require the incumbent cable operator to allow the holder to interconnect its network with the incumbent cable operator's network at a technically feasible point on their networks. If no technically feasible point for interconnection is available, the holder and an incumbent cable operator shall each make an interconnection available to the public, education, and government channel originators at their local origination points and shall provide the facilities necessary for the interconnection. The cost of any interconnection shall be borne by the holder unless otherwise agreed to by the parties. The interconnection required by this subsection shall be completed within the 90‑day deadline set forth in subsection (a) of this Section. (e) The public, education, and government channels shall be for the exclusive use of the local unit of government or its designee to provide public, education, and government programming. The public, education, and government channels shall be used only for noncommercial purposes. However, advertising, underwriting, or sponsorship recognition may be carried on the channels for the purpose of funding public, education, and government access related activities. (f) Public, education, and government channels shall all be carried on the holder's basic cable or video service offerings or tiers. To the extent feasible, the public, education, and government channels shall not be separated numerically from other channels carried on the holder's basic cable or video service offerings or tiers, and the channel numbers for the public, education, and government channels shall be the same channel numbers used by the incumbent cable operator, unless prohibited by federal law. After the initial designation of public, education, and government channel numbers, the channel numbers shall not be changed without the agreement of the local unit of government or the entity to which the local unit of government has assigned responsibility for managing public, education, and government access channels, unless the change is required by federal law. Each channel shall be capable of carrying a National Television System Committee (NTSC) television signal. (g) The holder shall provide a listing of public, education, and government channels on channel cards and menus provided to subscribers in a manner equivalent to other channels if the holder uses such cards and menus. Further, the holder shall provide a listing of public, education, and government programming on its electronic program guide if such a guide is utilized by the holder. It is the public, education, and government entity's responsibility to provide the holder or its designated agent, as determined by the holder, with program schedules and information in a timely manner. (h) If less than 3 public, education, and government channels are provided within the local unit of government as of January 1, 2007, a local unit of government whose jurisdiction lies within the authorized service area of the holder may initially request the holder to designate sufficient capacity for up to 3 public, education, and government channels. A local unit of government or its designee that seeks to add additional capacity shall give the holder a written notification specifying the number of additional channels to be used, specifying the number of channels in actual use, and verifying that the additional channels requested will be put into actual use. (i) The holder shall, within 90 days of a request by the local unit of government or its designated public, education, or government access entity, provide sufficient capacity for an additional channel for public, education, and government access when the programming on a given access channel exceeds 40 hours per week as measured on a quarterly basis. The additional channel shall not be used for any purpose other than for carrying additional public, education, or government access programming. (j) The public, education, and government access programmer is solely responsible for the content that it provides over designated public, education, or government channels. A holder shall not exercise any editorial control over any programming on any channel designed for public, education, or government use or on any other channel required by law or a binding agreement with the local unit of government. (k) A holder shall not be subject to any civil or criminal liability for any program carried on any channel designated for public, education, or government use. (l) A court of competent jurisdiction shall have exclusive jurisdiction to enforce any requirement under this Section or resolve any dispute regarding the requirements set forth in this Section, and no provider of cable service or video service may be barred from providing service or be required to terminate service as a result of that dispute or enforcement action. (Source: P.A. 95‑9, eff. 6‑30‑07; 95‑876, eff. 8‑21‑08.)
(220 ILCS 5/21‑701) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑701. Emergency alert system. The holder shall comply with all applicable requirements of the Federal Communications Commission involving the distribution and notification of federal, State, and local emergency messages over the emergency alert system applicable to cable operators. The holder will provide a requesting local unit of government with sufficient information regarding how to submit, via telephone or web listing, a local emergency alert for distribution over its cable or video network. To the extent that a local unit of government requires incumbent cable operators to provide emergency alert system messages or services in excess of the requirements of this Section, the holder shall comply with any such additional requirements within the jurisdiction of the local franchising authority. The holder may provide a local emergency alert to an area larger than the boundaries of the local unit of government issuing the emergency alert. (Source: P.A. 95‑9, eff. 6‑30‑07.)
(220 ILCS 5/21‑801) (Section scheduled to be repealed on October 1, 2013) Sec. 21‑801. Applicable fees payable to the local unit of government. (a) Prior to offering cable service or video service in a local unit of government's jurisdiction, a holder shall notify the local unit of government. The notice shall be given to the local unit of government at least 10 days before the holder begins to offer cable service or video service within the boundaries of that local unit of government. (b) In any local unit of government in which a holder offers cable service or video service on a commercial basis, the holder shall be liable for and pay the service provider fee to the local unit of government. The local unit of government shall adopt an ordinance imposing such a fee. The holder's liability for the fee shall commence on the first day of the calendar month that is at least 30 days after the holder receives such ordinance. The ordinance shall be sent by mail, postage prepaid, to the address listed on the holder's application provided to the local unit of government pursuant to item (6) of subsection (b) of Section 21‑401 of this Act. The fee authorized by this Section shall be 5% of gross revenues or the same as the fee paid to the local unit of government by any incumbent cable operator providing cable service. The payment of the service provider fee shall be due on a quarterly basis, 45 days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Except as provided in this Article, the local unit of government may not demand any additional fees or charges from the holder and may not demand the use of any other calculation method other than allowed under this Article. (c) For purposes of this Article, "gross revenues" means all consideration of any kind or nature, including, without limitation, cash, credits, property, and in‑kind contributions received by the holder for the operation of a cable or video system to provide cable service or video service within the holder's cable service or video service area within the local unit of government's jurisdiction. (1) Gross revenues shall include the following: (i) Recurring charges for cable service or video
service.
(ii) Event‑based charges for cable service or
video service, including, but not limited to, pay‑per‑view and video‑on‑demand charges.
