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| Public Act 100-0251
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| HB0535 Enrolled | LRB100 03783 AWJ 13788 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section |
5-1096 as follows:
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(55 ILCS 5/5-1096) (from Ch. 34, par. 5-1096)
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Sec. 5-1096. Community antenna television systems; |
interference with
and payment for access. |
(a) In any instance in which a county has granted
a |
franchise to any community antenna television company to |
construct,
operate or maintain a cable television system within |
a designated franchise
area, no property owner, condominium |
association, managing agent, lessee or
other person in |
possession or control of any residential building located
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within such designated franchise area shall forbid or prevent |
any occupant,
tenant or lessee of any such building from |
receiving cable television
service from such franchisee, nor |
demand or accept payment from any such
occupant, tenant or |
lessee in any form as a condition of permitting the
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installation of cable television facilities or the maintenance |
of cable
television service in any such building or any portion |
thereof occupied or
leased by such occupant, tenant or lessee, |
nor shall any such property
owner, condominium association, |
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managing agent, lessee or other person
discriminate in rental |
charges or otherwise against any occupant, tenant or
lessee |
receiving cable service; provided, however, that the owner of |
such
building may require, in exchange and as compensation for |
permitting the
installation of cable television facilities |
within and upon such building,
the payment of just compensation |
to be paid by the cable television
franchisee which provides |
such cable television service, said sum to be
determined in |
accordance with the provisions of subparagraphs (c) and (d)
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hereof, and provided further that the cable television |
franchisee
installing such cable television facilities shall |
agree to indemnify the
owner of such building for any damage |
caused by the installation, operation
or removal of such cable |
television facilities and service.
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No community antenna television company shall install |
cable television
facilities within a residential building |
pursuant to this subparagraph (a)
unless an occupant, tenant or |
lessee of such residential building requests
the delivery of |
cable television services.
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(b) In any instance in which a county has granted a |
franchise to any
community antenna television company to |
construct, operate or maintain a
cable television system within |
a designated franchise area, no property
owner, condominium |
association, managing agent, lessee or other person in
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possession and control of any improved or unimproved real |
estate located
within such designated franchise area shall |
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forbid or prevent such cable
television franchisee from |
entering upon such real estate for the purpose
of and in |
connection with the construction or installation of such cable
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television system and cable television facilities, nor shall |
any such
property owner, condominium association, managing |
agent, lessee or other
person in possession or control of such |
real estate forbid or prevent such
cable television franchisee |
from constructing or installing upon, beneath
or over such real |
estate, including any buildings or other structures
located |
thereon, hardware, cable, equipment, materials or other cable
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television facilities utilized by such cable franchisee in the |
construction
and installation of such cable television system; |
provided, however, that
the owner of any such real estate may |
require, in exchange and as
compensation for permitting the |
construction or installation of cable
television facilities |
upon, beneath or over such real estate, the payment
of just |
compensation by the cable television franchisee which provides |
such
cable television service, said sum to be determined in |
accordance with the
provisions of subparagraphs (c) and (d) |
hereof, and provided further that
the cable television |
franchisee constructing or installing such cable
television |
facilities shall agree to indemnify the owner of such real
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estate for any damage caused by the installation, operation or |
removal of
such cable television facilities and service.
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(c) In any instance in which the owner of a residential |
building or the
owner of improved or unimproved real estate |
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intends to require the payment of
just compensation in excess |
of $1 in exchange for permitting the installation
of cable |
television facilities in and upon such building, or upon, |
beneath
or over such real estate, the owner shall serve written |
notice thereof upon
the cable television franchisee. Any such |
notice shall be served within
20 days of the date on which such |
owner is notified of the cable television
franchisee's |
intention to construct or install cable television facilities
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in and upon such building, or upon, beneath or over such real |
estate. Unless
timely notice as herein provided is given by the |
owner to the cable television
franchisee, it will be |
conclusively presumed that the owner of any such
building or |
real estate does not claim or intend to require a payment of
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more than $1 in exchange and as just compensation for |
permitting the
installation of cable television facilities |
within and upon such building,
or upon, beneath or over such |
real estate. In any instance in which a cable
television |
franchisee intends to install cable television facilities as
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herein provided, written notice of such intention shall be sent |
by the
cable television franchisee to the property owner or to |
such person,
association or managing agent as shall have been |
appointed or otherwise
designated to manage or operate the |
property. Such notice shall include
the address of the |
property, the name of the cable television franchisee,
and |
information as to the time within which the owner may give |
notice,
demand payment as just compensation and initiate legal |
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proceedings as
provided in this subparagraph (c) and |
subparagraph (d).
In any instance in which a community antenna |
television company intends to
install
cable television |
facilities within a residential building containing 12 or more
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residential units or upon, beneath, or over real estate that is |
used as a site
for 12 or
more manufactured housing units,
12 or |
more mobile homes,
or a combination of 12 or more
manufactured |
housing units and mobile homes, the written notice shall |
further
provide that
the
property owner may require that the |
community antenna television company submit
to the owner |
written plans identifying the manner in which cable television
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facilities
are to be installed, including the proposed location |
of coaxial cable.
Approval
of
those plans by the property owner |
shall not be unreasonably withheld and the
owners' consent to |
and approval of those plans shall be presumed unless, within
30
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days after receipt thereof, or in the case of a condominium |
association, 90
days
after receipt thereof, the property owner |
identifies in writing the specific
manner in
which those plans |
deviate from generally accepted construction or safety
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standards,
and unless the property owner contemporaneously |
submits an alternative
construction plan providing for the |
installation of cable television facilities
in an
economically |
feasible manner. The community antenna television company may
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proceed with the plans originally submitted if an alternative |
plan is not
submitted by
the property owner within 30 days, or |
in the case of a condominium association,
90
days, or if an |
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alternative plan submitted by the property owner fails to |
comply
with
generally accepted construction and safety |
standards or does not provide for
the installation of cable |
television facilities in an economically feasible
manner.
For |
purposes of this subsection, "mobile home" and "manufactured |
housing unit"
have
the same meaning as in the Illinois |
Manufactured Housing and Mobile Home Safety
Act.
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(d) Any owner of a residential building described in |
subparagraph (a),
and any owner of improved or unimproved real |
estate described in subparagraph
(b), who shall have given |
timely written notice to the cable television
franchisee as |
provided in subparagraph (c), may assert a claim for just
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compensation in excess of $1 for permitting the installation of |
cable
television facilities within and upon such building, or |
upon, beneath or
over such real estate. Within 30 days after |
notice has been given in
accordance with subparagraph (c), the |
owner shall advise the cable
television franchisee in writing |
of the amount claimed as just compensation.
If within
60 days |
after the receipt of the owner's claim, the cable television |
franchisee
has not agreed to pay the amount claimed or some |
other amount acceptable
to the owner, the owner may bring suit |
to enforce such claim for just
compensation in any court of |
competent jurisdiction and, upon timely demand,
may require |
that the amount of just compensation be determined by a jury.
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Any such action shall be commenced within 6 months of the |
notice given by
the cable television franchisee pursuant to |
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subparagraph (c) hereof. In
any action brought to determine |
such amount, the owner may submit evidence
of a decrease in the |
fair market value of the property occasioned by the
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installation or location of the cable on the property, that the
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owner has a specific alternative use for the space occupied by |
cable television
facilities, the loss of which will result in a |
monetary loss to the owner,
or that installation of cable |
television facilities within and upon such
building or upon, |
beneath or over such real estate otherwise substantially
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interferes with the use and occupancy of such building to an |
extent which
causes a decrease in the fair market value of such |
building or real estate.
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(e) Neither the giving of a notice by the owner under |
subparagraph (c),
nor the assertion of a specific claim, nor |
the initiation of legal action
to enforce such claim, as |
provided under subparagraph (d), shall delay or
impair the |
right of the cable television franchisee to construct or |
install
cable television facilities and maintain cable |
television services within
or upon any building described in |
subparagraph (a) or upon, beneath or over
real estate described |
in subparagraph (b).
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(f) Notwithstanding the foregoing, no community antenna |
television company
shall enter upon any real estate or rights |
of way in the possession or control
of any public utility, |
railroad or owner or operator of an oil, petroleum
product, |
chemical or gas pipeline to install or remove cable television
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facilities or to provide underground maintenance or repair |
services with
respect thereto, prior to delivery to the public |
utility, railroad or pipeline
owner or operator of written |
notice of intent to enter, install, maintain,
or remove. For |
the purposes of this subsection (f), and only in the case of |
real estate or rights-of-way in possession of or in control of |
a railroad, the right to enter upon includes the installation, |
construction, operation, repair, maintenance, or removal of |
wire, cable, fiber, conduit, or related facilities that are at, |
above, or below grade and that cross the real estate or |
rights-of-way in a manner that runs generally perpendicular to |
the railroad tracks or railroad right-of-way. For the purposes |
of this subsection (f), and only in the case of real estate or |
rights-of-way in possession of or in the control of a railroad, |
the right to enter upon does not apply to wire, cable, fiber, |
conduit, or related facilities that run along, within, and |
generally parallel to, but do not cross, the railroad tracks or |
railroad right-of-way. No entry shall be made until at least 30 |
15 business days after
receipt of such written notice. Such |
written notice, which shall be delivered
to the registered |
agent of such public utility, railroad or pipeline owner
or |
operator shall include the following information:
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(i) The date of the proposed installation, |
maintenance, repair,
or removal and projected length of |
time required to complete such installation,
maintenance, |
repair or removal;
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(ii) The manner and method of, and the detailed design |
and construction plans that conform to the applicable |
published and publicly available American Railway |
Engineering and Maintenance-of-Way Association standards |
and the published and publicly available standards for the |
appropriate railroad for, such installation, maintenance, |
repair, or
removal;
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(iii) The location of the proposed entry and path of |
cable television
facilities proposed to be placed, |
repaired, maintained or removed upon the
real estate or |
right of way; and
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(iv) The written agreement of the community antenna |
television company
to indemnify and hold harmless such |
public utility, railroad or pipeline
owner or operator from |
the costs of any damages directly or indirectly
caused by |
the installation, maintenance, repair, operation, or |
removal of
cable television facilities. Upon request of the |
public utility, railroad,
or owner or operator of an oil, |
petroleum product, chemical or gas
pipeline, the community |
antenna television company shall provide proof that
it has |
purchased and will maintain a policy or policies of |
insurance in
amounts sufficient to provide coverage for |
personal injury and property
damage losses caused by or |
resulting from the installation, maintenance,
repair, or |
removal of cable television facilities. The written |
agreement
shall provide that the community antenna |
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television company shall maintain
such policies of |
insurance in full force and effect as long as cable
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television facilities remain on the real estate or right of |
way; and . |
(v) A statement, based upon information available to |
the community antenna
television company, confirming that |
the proposed installation,
maintenance, repair, or removal |
does not create a dangerous condition or threaten
public or |
employee safety and will not adversely impact railroad |
operations or disrupt vital
transportation services.
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For purposes of this subsection (f), "community antenna |
television company" includes, in the case of real estate or |
rights-of-way in possession of or in control of a railroad, a |
holder, cable operator, or broadband service provider, as those |
terms are defined in Section 21-201 of the Public Utilities |
Act. |
Within 30 15 business days of receipt of the written prior |
notice of entry
the public utility, railroad or pipeline owner |
or operator shall investigate
and determine whether or not the |
proposed entry and installation or repair,
maintenance, or |
removal would create a dangerous condition threatening the
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safety of the public or the safety of its employees or |
threatening to cause
an interruption of the furnishing of vital |
transportation, utility or pipeline
services and upon so |
finding shall so notify the community antenna television
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company of such decision in writing. Initial determination of |
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the existence
of such a dangerous condition or interruption of |
services shall be made
by the public utility, railroad or |
pipeline owner or operator whose real
estate or right of way is |
involved. In the event that the community antenna
television |
company disagrees with such determination, a determination of
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whether such entry and installation, maintenance, repair, or |
removal would
create such a dangerous condition or interrupt |
services shall, upon the application of the community antenna |
television company, be made by the Illinois Commerce Commission |
Transportation Division in accordance with the Commission's |
Rail Safety Program
a court of competent jurisdiction upon the |
application of such community
antenna television company. An |
initial written determination of a public
utility, railroad, or |
pipeline owner or operator timely made and transmitted
to the |
community antenna television company, in the absence of a |
determination
by a court of competent jurisdiction or an |
Illinois Commerce Commission Transportation Division finding |
to the contrary, bars the entry of
the community antenna |
television company upon the real estate or right of
way for any |
purpose.
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Any public utility, railroad or pipeline owner or operator |
may assert
a written claim against any community antenna |
television company for just
compensation within 30 days after |
written notice has been given in accordance
with this |
subparagraph (f). If, within 60 days after the receipt of such
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claim for compensation, the community antenna television |
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company has not
agreed to the amount claimed or some other |
amount acceptable to the public
utility, railroad or pipeline |
owner or operator, the public utility, railroad
or pipeline |
owner or operator may bring suit to enforce such claim for just
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compensation in any court of competent jurisdiction and, upon |
timely demand,
may require that the amount of just compensation |
be determined by a jury.
Any such action shall be commenced |
within 6 months of the notice provided
for in this subparagraph |
(f). In any action brought to determine such just
compensation, |
the public utility, railroad or pipeline owner or operator
may |
submit such evidence as may be relevant to the issue of just |
compensation.
Neither the assertion of a claim for compensation |
nor the initiation of
legal action to enforce such claim shall |
delay or impair the right of the
community antenna television |
company to construct or install cable television
facilities |
upon any real estate or rights of way of any public utility,
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railroad or pipeline owner or operator.
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To the extent that the public utility, railroad, or owner |
or operator
of an oil, petroleum product, chemical or gas |
pipeline deems it appropriate
to supervise, monitor or |
otherwise assist the community antenna television
company in |
connection with the installation, maintenance, repair, or |
removal
of cable television facilities upon such real estate or |
rights of way, the
community antenna television company shall |
reimburse the public utility,
railroad or owner or operator of |
an oil, petroleum product, chemical or gas
pipeline for costs |
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reasonable and actually incurred in connection therewith.
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The provisions of this subparagraph (f) shall not be |
applicable to any
easements, rights of way or ways for public |
service facilities in which
public utilities, other than |
railroads, have any interest pursuant to "an
Act to revise the |
law in relation to plats" approved March 21, 1874, and
all |
ordinances enacted pursuant thereto. Such easements, rights of |
way
and ways for public service facilities are hereby declared |
to be apportionable
and upon written request by a community |
antenna television company, public
utilities shall make such |
easements, rights of way and ways for public service
facilities |
available for the construction, maintenance, repair or removal |
of
cable television facilities provided that such |
construction, maintenance,
repair or removal does not create a |
dangerous condition threatening the safety
of the public or the |
safety of such public utility employees or threatening
to cause |
an interruption of the furnishing of vital utility service. |
Initial
determination of the existence of such a dangerous |
condition or interruption
of services shall be made by the |
public utility whose easement, right of
way or way for public |
service facility is involved. In the event the community
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antenna television company disagrees with such determination, |
a determination
of whether such construction, maintenance, |
repair or removal would create
such a dangerous condition or |
threaten to interrupt vital utility services,
shall be made by |
a court of competent jurisdiction upon the application
of such |
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community antenna television company.
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If a county notifies or a county requires a developer to |
notify a public
utility
before or after issuing a permit or |
other authorization for the construction of
residential
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buildings, then the county or developer shall, at the same |
time, similarly
notify any
community antenna television system |
franchised by or within that county.
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In addition to such other notices as may be required by |
this subparagraph
(f), a community antenna television company |
shall not enter upon the real
estate or rights of way of any |
public utility, railroad or pipeline owner
or operator for the |
purposes of above-ground maintenance or repair of its
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television cable facilities without giving 96 hours prior |
written notice
to the registered agent of the public utility, |
railroad or pipeline owner
or operator involved, or in the case |
of a public utility, notice may be
given through the statewide |
one-call notice system provided for by General
Order of the |
Illinois Commerce Commission or, if in Chicago, through the
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system known as the Chicago Utility Alert Network.
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(Source: P.A. 93-219, eff. 1-1-04.)
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Section 10. The Illinois Municipal Code is amended by |
changing Section 11-42-11.1 as follows:
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(65 ILCS 5/11-42-11.1) (from Ch. 24, par. 11-42-11.1)
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Sec. 11-42-11.1.
(a) In any instance in which a |
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municipality has (i)
granted a franchise to any community |
antenna television company or (ii)
decided for the municipality |
itself to construct, operate or maintain a
cable television |
system within a designated area, no property owner,
condominium |
association, managing agent, lessee or other person in
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possession or control of any residential building located |
within the
designated area shall forbid or prevent any |
occupant, tenant or lessee of
any such building from receiving |
cable television service from such
franchisee or municipality, |
nor demand or accept payment from any such
occupant, tenant or |
lessee in any form as a condition of permitting the
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installation of cable television facilities or the maintenance |
of cable
television service in any such building or any portion |
thereof occupied or
leased by such occupant, tenant or lessee, |
nor shall any such property
owner, condominium association, |
managing agent, lessee or other person
discriminate in rental |
charges or otherwise against any occupant, tenant or
lessee |
receiving cable service; provided, however, that the owner of |
such
building may require, in exchange and as compensation for |
permitting the
installation of cable television facilities |
within and upon such building,
the payment of just compensation |
by the cable television franchisee which
provides such cable |
television service, said sum to be determined in
accordance |
with the provisions of subparagraphs (c) and (d) hereof, and
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provided further that the cable television franchisee |
installing such cable
television facilities shall agree to |
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indemnify the owner of such building
for any damage caused by |
the installation, operation or removal of such
cable television |
facilities and service.
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No community antenna television company shall install |
cable television
facilities within a residential building |
pursuant to this subparagraph (a)
unless an occupant, tenant or |
lessee of such residential building requests
the delivery of |
cable television services.
In any instance in which a request |
for service is made by more than 3
occupants, tenants or |
lessees of a residential building, the community
antenna |
television company may install cable television facilities
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throughout the building in a manner which enables the community |
antenna
television company to provide cable television |
services to occupants,
tenants or lessees of other residential |
units without requiring the
installation of additional cable |
television facilities other than within
the residential units |
occupied by such other occupants, tenants or lessees.
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(b) In any instance in which a municipality has (i) granted |
a franchise
to any community antenna television company or (ii) |
decided for the
municipality itself to construct, operate or |
maintain a cable television
system within a designated area, no |
property owner, condominium
association, managing agent, |
lessee or other person in possession and
control of any |
improved or unimproved real estate located within such
|
designated area shall forbid or prevent such cable television |
franchisee or
municipality from entering upon such real estate |
|
for the purpose of and in
connection with the construction or |
installation of such cable television
system and cable |
television facilities, nor shall any such property owner,
|
condominium association, managing agent, lessee or other |
person in
possession or control of such real estate forbid or |
prevent such cable
television franchisee or municipality from |
constructing or installing upon,
beneath or over such real |
estate, including any buildings or other
structures located |
thereon, hardware, cable, equipment, materials or other
cable |
television facilities utilized by such cable franchisee
or |
municipality in the construction and installation of such cable
|
television system; provided, however, that the owner of any |
such real
estate may require, in exchange and as compensation |
for permitting the
construction or installation of cable |
television facilities upon, beneath
or over such real estate, |
the payment of just compensation by the cable
television |
franchisee which provides such cable television service, said
|
sum to be determined in accordance with the provisions of |
subparagraphs (c)
and (d) hereof, and provided further that the |
cable television franchisee
constructing or installing such |
cable television facilities shall agree to
indemnify the owner |
of such real estate for any damage caused by the
installation, |
operation or removal of such cable television facilities
and |
service.
|
(c) In any instance in which the owner of a residential |
building or the
owner of improved or unimproved real estate |
|
intends to require the payment of
just compensation in excess |
of $1 in exchange for permitting the installation
of cable |
television facilities in and upon such building, or upon, |
beneath
or over such real estate, the owner shall serve written |
notice thereof upon
the cable television franchisee. Any such |
notice shall be served within
20 days of the date on which such |
owner is notified of the cable television
franchisee's |
intention to construct or install cable television facilities
|
in and upon such building, or upon, beneath or over such real |
estate. Unless
timely notice as herein provided is given by the |
owner to the cable television
franchisee, it will be |
conclusively presumed that the owner of any such
building or |
real estate does not claim or intend to require a payment of |
more
than $1 in exchange and as just compensation for |
permitting the installation
of cable television facilities |
within and upon such building, or upon, beneath
or over such |
real estate. In any instance in which a cable television
|
franchisee intends to install cable television facilities as |
herein
provided, written notice of such intention shall be sent |
by the cable
television franchisee to the property owner or to |
such person, association
or managing agent as shall have been |
appointed or otherwise designated to
manage or operate the |
property. Such notice shall include the address of
the |
property, the name of the cable television franchisee, and |
information
as to the time within which the owner may give |
notice, demand payment as
just compensation and initiate legal |
|
proceedings as provided in this
subparagraph (c) and |
subparagraph (d). In any instance in which a community
antenna |
television company intends to install cable television |
facilities
within a residential building containing 12 or more |
residential units
or upon, beneath, or over real estate that is |
used as a site for 12 or more
manufactured housing units,
12 or |
more mobile homes,
or a combination of 12 or more
manufactured |
housing units and mobile homes, the
written notice shall |
further provide that the property owner may require
that the |
community antenna television company submit to the owner |
written
plans identifying the manner in which cable television |
facilities are to be
installed, including the proposed location |
of coaxial cable. Approval of
such plans by the property owner |
shall not be unreasonably withheld and
such owners' consent to |
and approval of such plans shall be presumed
unless, within 30 |
days after receipt thereof, or in the case of a
condominium |
association, 90 days after receipt thereof, the property owner
|
identifies in writing the specific manner in which such plans |
deviate from
generally accepted construction or safety |
standards, and unless the
property owner contemporaneously |
submits an alternative construction plan
providing for the |
installation of cable television facilities in an
economically |
feasible manner. The community antenna television company may
|
proceed with the plans originally submitted if an alternative |
plan is not
submitted by the property owner within 30 days, or |
in the case of a
condominium association, 90 days, or if an |
|
alternative plan submitted by
the property owner fails to |
comply with generally accepted construction and
safety |
standards or does not provide for the installation of cable
|
television facilities in an economically feasible manner.
For |
purposes of this subsection, "mobile home" and "manufactured |
housing
unit" have
the same meaning as in the Illinois |
Manufactured Housing and Mobile Home Safety
Act.
|
(d) Any owner of a residential building described in |
subparagraph (a),
and any owner of improved or unimproved real |
estate described in subparagraph
(b), who shall have given |
timely written notice to the cable television
franchisee as |
provided in subparagraph (c), may assert a claim for just
|
compensation in excess of $1 for permitting the installation of |
cable
television facilities within and upon such building, or |
upon, beneath or
over such real estate. Within 30 days after |
notice has been given in
accordance with subparagraph (c), the |
owner shall advise the cable
television franchisee in writing |
of the amount claimed as just
compensation. If within 60 days |
after the receipt of the owner's claim,
the cable television |
franchisee has not agreed to pay the amount claimed or
some |
other amount acceptable to the owner, the owner may bring suit |
to
enforce such claim for just compensation in any court of |
competent
jurisdiction and, upon timely demand, may require |
that the amount of just
compensation be determined by a jury. |
Any such action shall be commenced
within 6 months of the |
notice given by the cable television franchisee
pursuant to |
|
subparagraph (c) hereof. In any action brought to determine
|
such amount, the owner may submit evidence of a decrease in the |
fair market
value of the property occasioned by the |
installation or location of the
cable on the property, that the |
owner has a specific alternative use for
the space occupied by |
cable television facilities, the loss of which will
result in a |
monetary loss to the owner, or that installation of cable
|
television facilities within and upon such building or upon, |
beneath or
over such real estate otherwise substantially |
interferes with the use and
occupancy of such building to an |
extent which causes a decrease in the fair
market value of such |
building or real estate.
|
(e) Neither the giving of a notice by the owner under |
subparagraph
(c), nor the assertion of a specific claim, nor |
the initiation of legal
action to enforce such claim, as |
provided under subparagraph (d), shall
delay or impair the |
right of the cable television franchisee to construct
or |
install cable television facilities and maintain cable |
television
services within or upon any building described in |
subparagraph (a) or upon,
beneath or over real estate described |
in subparagraph (b).
|
(f) Notwithstanding the foregoing, no community antenna |
television
company or municipality shall enter upon any real |
estate or rights of way
in the possession or control of any |
public utility, railroad or owner or
operator of an oil, |
petroleum product, chemical or gas pipeline to install
or |
|
remove cable television facilities or to provide underground |
maintenance
or repair services with respect thereto, prior to |
delivery to the public
utility, railroad or pipeline owner or |
operator of written notice of intent
to enter, install, |
maintain, or remove. For the purposes of this subsection (f), |
and only in the case of real estate or rights-of-way in |
possession of or in control of a railroad, the right to enter |
upon includes the installation, construction, operation, |
repair, maintenance, or removal of wire, cable, fiber, conduit, |
or related facilities that are at, above, or below grade and |
that cross the real estate or rights-of-way in a manner that |
runs generally perpendicular to the railroad tracks or railroad |
right-of-way. For the purposes of this subsection (f), and only |
in the case of real estate or rights-of-way in possession of or |
in the control of a railroad, the right to enter upon does not |
apply to wire, cable, fiber, conduit, or related facilities |
that run along, within, and generally parallel to, but do not |
cross, the railroad tracks or railroad right-of-way. No entry |
shall be made until at
least 30 15 business days after receipt |
of such written notice. Such written
notice, which shall be |
delivered to the registered agent of such public
utility, |
railroad or pipeline owner or operator shall include the |
following
information:
|
(i) The date of the proposed installation, |
maintenance, repair, or
removal and projected length of |
time required to complete such
installation, maintenance, |
|
repair or removal;
|
(ii) The manner and method of, and the detailed design |
and construction plans that conform to the applicable |
published and publicly available American Railway |
Engineering and Maintenance-of-Way Association standards |
and the published and publicly available standards for the |
appropriate railroad for, such installation, maintenance,
|
repair, or removal;
|
(iii) The location of the proposed entry and path of |
cable television
facilities proposed to be placed, |
repaired, maintained or removed upon the
real estate or |
right of way; and
|
(iv) The written agreement of the community antenna |
television company
to indemnify and hold harmless such |
public utility, railroad or pipeline
owner or operator from |
the costs of any damages directly or indirectly
caused by |
the installation, maintenance, repair, operation, or |
removal of
cable television facilities. Upon request of the |
public utility, railroad,
or owner or operator of an oil, |
petroleum product, chemical or gas
pipeline, the community |
antenna television company shall provide proof that
it has |
purchased and will maintain a policy or policies of |
insurance in
amounts sufficient to provide coverage for |
personal injury and property
damage losses caused by or |
resulting from the installation, maintenance,
repair, or |
removal of cable television facilities. The written |
|
agreement
shall provide that the community antenna |
television company shall maintain
such policies of |
insurance in full force and effect as long as cable
|
television facilities remain on the real estate or right of |
way; and . |
(v) A statement, based upon information available to |
the community antenna
television company, confirming that |
the proposed installation,
maintenance, repair, or removal |
does not create a dangerous condition or threaten
public or |
employee safety and will not adversely impact railroad |
operations or disrupt vital
transportation services. |
For purposes of this subsection (f), and only in the case |
of real estate or rights-of-way in possession of or in control |
of a railroad, "community antenna television company" includes |
a holder, cable operator, or broadband service provider, as |
those terms are defined in Section 21-201 of the Public |
Utilities Act.
|
Within 30 15 business days of receipt of the written prior |
notice of entry
the public utility, railroad or pipeline owner |
or operator shall investigate
and determine whether or not the |
proposed entry and installation or repair,
maintenance, or |
removal would create a dangerous condition threatening the
|
safety of the public or the safety of its employees or |
threatening to cause
an interruption of the furnishing of vital |
transportation, utility or pipeline
services and upon so |
finding shall so notify the community antenna television
|
|
company or municipality of such decision in writing. Initial |
determination
of the existence of such a dangerous condition or |
interruption of services
shall be made by the public utility, |
railroad or pipeline owner or operator
whose real estate or |
right of way is involved. In the event that the
community |
antenna television company or municipality disagrees with such
|
determination, a determination of whether such entry and |
installation,
maintenance, repair, or removal would create |
such a dangerous condition or
interrupt services shall, upon |
application of the community antenna television company, be |
made by the Illinois Commerce Commission Transportation |
Division in accordance with the Commission's Rail Safety |
Program a court of competent jurisdiction upon
the application |
of such community antenna television company or
municipality. |
An initial written determination of a public utility,
railroad, |
or pipeline owner or operator timely made and transmitted to |
the
community antenna television company or municipality, in |
the absence of a
determination by the Illinois Commerce |
Commission Transportation Division, in accordance with the |
Commission's Rail Safety Program, or a court of competent |
jurisdiction finding to the contrary,
bars the entry of the |
community antenna television company or municipality
upon the |
real estate or right of way for any purpose.
|
Any public utility, railroad or pipeline owner or operator |
may assert
a written claim against any community antenna |
television company for just
compensation within 30 days after |
|
written notice has been given in accordance
with this |
subparagraph (f). If, within 60 days after the receipt of such
|
claim for compensation, the community antenna television |
company has not
agreed to the amount claimed or some other |
amount acceptable to the public
utility, railroad or pipeline |
owner or operator, the public utility, railroad
or pipeline |
owner or operator may bring suit to enforce such claim for just
|
compensation in any court of competent jurisdiction and, upon |
timely demand,
may require that the amount of just compensation |
be determined by a jury.
Any such action shall be commenced |
within 6 months of the notice provided
for in this subparagraph |
(f). In any action brought to determine such just
compensation, |
the public utility, railroad or pipeline owner or operator
may |
submit such evidence as may be relevant to the issue of just |
compensation.
Neither the assertion of a claim for compensation |
nor the initiation of
legal action to enforce such claim shall |
delay or impair the right of the
community antenna television |
company to construct or install cable television
facilities |
upon any real estate or rights of way of any public utility,
|
railroad or pipeline owner or operator.
|
To the extent that the public utility, railroad, or owner |
or operator
of an oil, petroleum product, chemical or gas |
pipeline deems it appropriate
to supervise, monitor or |
otherwise assist the community antenna television
company in |
connection with the installation, maintenance, repair or |
removal
of cable television facilities upon such real estate or |
|
rights of way, the
community antenna television company shall |
reimburse the public utility,
railroad or owner or operator of |
an oil, petroleum product, chemical or gas
pipeline for costs |
reasonable and actually incurred in connection therewith.
|
The provisions of this subparagraph (f) shall not be |
applicable to any
easements, rights of way or ways for public |
service facilities in which
public utilities, other than |
railroads, have any interest pursuant to "An
Act to revise the |
law in relation to plats", approved March 21, 1874,
as amended, |
and all ordinances enacted pursuant thereto. Such easements,
|
rights of way and ways for public service facilities are hereby |
declared to
be apportionable and upon written request by a |
community antenna television
company, public utilities shall |
make such easements, rights of way and ways
for public service |
facilities available for the construction, maintenance,
repair |
or removal of cable television facilities provided that such
|
construction, maintenance, repair or removal does not create a |
dangerous
condition threatening the safety of the public or the |
safety of such public
utility employees or threatening to cause |
an interruption of the furnishing
of vital utility service. |
Initial determination of the existence of such a
dangerous |
condition or interruption of services shall be made by the |
public
utility whose easement, right of way or way for public |
service facility is
involved. In the event the community |
antenna television company or
municipality disagrees with such |
determination, a determination of whether
such construction, |
|
maintenance, repair or removal would create such a
dangerous |
condition or threaten to interrupt vital utility services, |
shall
be made by a court of competent jurisdiction upon the |
application of such
community antenna television company.
|
If a municipality notifies or a municipality requires a |
developer to
notify
a public
utility before or after issuing a |
permit or other authorization for the
construction of
|
residential buildings, then the municipality or developer |
shall, at the same
time, similarly
notify any community antenna |
television system franchised by or within that
municipality.
|
In addition to such other notices as may be required by |
this subparagraph
(f), a community antenna television company |
or municipality shall not
enter upon the real estate or rights |
of way of any public utility, railroad
or pipeline owner or |
operator for the purposes of above-ground maintenance
or repair |
of its television cable facilities without giving 96 hours |
prior
written notice to the registered agent of the public |
utility, railroad or
pipeline owner or operator involved, or in |
the case of a public utility,
notice may be given through the |
statewide one-call notice system provided
for by General Order |
of the Illinois Commerce Commission or, if in Chicago,
through |
the system known as the Chicago Utility Alert Network.
|
(Source: P.A. 93-219, eff. 1-1-04.)
|
Section 15. The Crossing of Railroad
Right-of-way Act is |
amended by changing Section 5 as follows:
|
|
(220 ILCS 70/5)
|
Sec. 5. Definitions. As used in this Act, unless the |
context otherwise
requires:
|
"Crossing" means the construction, operation, repair, or |
maintenance of a
facility over, under, or across a railroad |
right-of-way by a utility when the right-of-way is owned by a |
land management company and not a registered rail carrier.
|
"Direct expenses" includes, but is not limited to, any or |
all of the
following:
|
(1) The cost of inspecting and monitoring the crossing |
site.
|
(2) Administrative and engineering costs for review of |
specifications and
for
entering a crossing on the |
railroad's books, maps, and property records and
other
|
reasonable administrative and engineering costs incurred |
as a result of the
crossing.
|
(3) Document and preparation fees associated with a |
crossing, and any
engineering specifications related to |
the crossing.
|
(4) Damages assessed in connection with the rights |
granted to a utility with respect to a crossing.
|
"Facility" means any cable, conduit, wire, pipe, casing |
pipe, supporting
poles
and guys, manhole, or other material or |
equipment, that is used by a utility to
furnish any of the |
following:
|
|
(1) Communications, video, or information services.
|
(2) Electricity.
|
(3) Gas by piped system.
|
(4) Sanitary and storm sewer service.
|
(5) Water by piped system.
|
"Land management company" means an entity that is the |
owner, manager, or agent of a railroad right-of-way and is not |
a registered rail carrier.
|
"Railroad right-of-way" means one or more of the following:
|
(1) A right-of-way or other interest in real estate |
that is owned or
operated
by a land management company and |
not a registered rail carrier.
|
(2) Any other interest in a former railroad |
right-of-way that has been
acquired or is operated by a |
land management company or similar entity.
|
"Special circumstances" means either or both of the |
following:
|
(1) The characteristics of a segment of a railroad |
right-of-way not found in a typical segment of a railroad |
right-of-way that enhance the value or increase the damages |
or the engineering or construction expenses for the land |
management company associated with a proposed crossing, or |
to the current or reasonably anticipated use by a land |
management company of the railroad right-of-way, |
necessitating additional terms and conditions or |
compensation associated with a crossing.
|
|
(2) Variances from the standard specifications |
requested by the land management company. |
"Special circumstances" may include, but is not limited to, |
the railroad right-of-way segment's relationship to other |
property, location in urban or other developed areas, the |
existence of unique topography or natural resources, or other |
characteristics or dangers inherent in the particular crossing |
or segment of the railroad right-of-way.
|
"Utility" shall include (1) public utilities as defined in |
Section 3-105 of the Public Utilities
Act, (2) |
telecommunications carriers as defined in Section 13-202 of the |
Public Utilities Act, (3) electric cooperatives as defined in |
Section 3.4 of the Electric Supplier Act, (4) telephone or |
telecommunications cooperatives as defined in Section 13-212 |
of the Public Utilities Act, (5) rural water or waste water |
systems with 10,000 connections or less, (6) a holder as |
defined in Section 21-201 of the Public Utilities Act, (7) |
municipalities owning or operating utility systems consisting |
of public utilities as that term is defined in Section 11-117-2 |
of the Illinois Municipal Code, and (8) a cable operator that |
is issued a cable television franchise by the municipality or |
county pursuant to Section 11-42-11 of the Illinois Municipal |
Code or Section 5-1095 of the Counties Code, and (9) a provider |
of broadband service as that term is defined in Section 21-201 |
of the Public Utilities Act.
|
(Source: P.A. 99-525, eff. 6-30-16.)
|
|
Section 20. The Illinois Vehicle Code is amended by |
changing Section 18c-7401 as follows:
|
(625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
|
Sec. 18c-7401. Safety Requirements for Track, Facilities, |
and
Equipment.
|
(1) General Requirements. Each rail carrier shall, |
consistent with rules,
orders, and regulations of the Federal |
Railroad Administration, construct,
maintain, and operate all |
of its equipment, track, and other property in this
State in |
such a manner as to pose no undue risk to its employees or the |
person
or property of any member of the public.
|
(2) Adoption of Federal Standards. The track safety |
standards and
accident/incident standards promulgated by the |
Federal Railroad Administration
shall be safety standards of |
the Commission. The Commission may, in addition,
adopt by |
reference in its regulations other federal railroad safety |
standards,
whether contained in federal statutes or in |
regulations adopted pursuant to
such statutes.
|
(3) Railroad Crossings. No public road, highway, or street |
shall hereafter
be constructed across the track of any rail |
carrier at grade, nor shall the
track of any rail carrier be |
constructed across a public road, highway or
street at grade, |
without having first secured the permission of the Commission;
|
provided, that this Section shall not apply to the replacement |
|
of lawfully
existing roads, highways and tracks.
No public |
pedestrian bridge or subway shall be constructed across the |
track
of any rail carrier without having first secured the |
permission of the
Commission.
The Commission shall have the |
right to
refuse its permission or to grant it upon such terms |
and conditions as it may
prescribe.
The Commission shall have |
power to determine and prescribe the
manner, including the |
particular point of crossing, and the terms of
installation, |
operation, maintenance, use and protection of each such |
crossing.
|
The Commission shall also have power, after a hearing, to
|
require major alteration of or to abolish any crossing,
|
heretofore or hereafter established, when in its opinion, the
|
public safety requires such alteration or abolition, and,
|
except in cities, villages and incorporated towns of
1,000,000 |
or more inhabitants, to vacate and close that part
of the |
highway on such crossing altered or abolished and
cause |
barricades to be erected across such highway in such
manner as |
to prevent the use of such crossing as a highway,
when, in the |
opinion of the Commission, the public
convenience served by the |
crossing in question is not such as
to justify the further |
retention thereof; or to require a
separation of grades, at |
railroad-highway grade crossings; or to
require a
separation of |
grades at any proposed crossing where a
proposed public highway |
may cross the tracks of any rail
carrier or carriers; and to |
prescribe, after a hearing of the parties,
the terms upon which |
|
such separations shall be made and the
proportion in which the |
expense of the alteration or
abolition of such crossings or the |
separation of such grades, having regard
to the benefits, if |
any, accruing to the rail carrier or any party in
interest,
|
shall be divided between the rail carrier or carriers affected, |
or
between such carrier or carriers and the State, county, |
municipality
or other public authority in interest.
However, a |
public hearing by the Commission to abolish a crossing shall |
not
be required
when the public highway authority in interest |
vacates the highway. In such
instance
the rail carrier, |
following notification to the Commission and the highway
|
authority, shall remove any grade crossing warning devices and |
the grade
crossing surface.
|
The Commission shall also have power by its order to |
require
the reconstruction, minor alteration, minor relocation |
or
improvement of any crossing (including the necessary highway
|
approaches thereto) of any railroad across any highway or
|
public road, pedestrian bridge, or pedestrian subway, whether |
such crossing
be at grade
or by overhead
structure or by |
subway, whenever the Commission finds after a
hearing or |
without a hearing as otherwise provided in this
paragraph that |
such reconstruction, alteration, relocation or
improvement is |
necessary to preserve or promote the safety or
convenience of |
the public or of the employees or passengers
of such rail |
carrier or carriers. By its original order or
supplemental |
orders in such case, the Commission may direct such
|
|
reconstruction, alteration, relocation, or improvement to be
|
made in such manner and upon such terms and conditions as may
|
be reasonable and necessary
and may apportion the cost of
such |
reconstruction, alteration, relocation or improvement
and the |
subsequent maintenance thereof, having regard to the benefits, |
if
any, accruing
to the railroad or any party in interest,
|
between the rail
carrier or carriers and public utilities |
affected, or between such
carrier or carriers and public |
utilities and the State, county,
municipality or other public |
authority in interest. The cost
to be so apportioned shall |
include the cost of changes or
alterations in the equipment of |
public utilities affected as
well as the cost of the |
relocation, diversion or
establishment of any public highway, |
made necessary by such
reconstruction, alteration, relocation |
or improvement of said
crossing. A hearing shall not be |
required in those instances
when the Commission enters an order |
confirming a written
stipulation in which the Commission, the |
public highway
authority or other public authority in interest, |
the rail carrier or
carriers
affected, and in
instances |
involving the use of the Grade Crossing Protection
Fund, the |
Illinois Department of Transportation, agree on the
|
reconstruction, alteration, relocation, or improvement and
the |
subsequent maintenance thereof and the division of costs
of |
such changes of any grade crossing (including the
necessary |
highway approaches thereto) of any railroad across
any highway, |
pedestrian bridge, or pedestrian subway.
|
|
Every rail carrier operating in the State of Illinois shall
|
construct and maintain every highway crossing over its tracks
|
within the State so that the roadway at the intersection
shall |
be as flush with the rails as superelevated curves will
allow, |
and, unless otherwise ordered by the Commission, shall
|
construct and maintain the approaches thereto at a grade of
not |
more than 5% within the right of way for a distance of
not less |
the 6 feet on each side of the centerline of such
tracks; |
provided, that the grades at the approaches may be
maintained |
in excess of 5% only when authorized by the
Commission.
|
Every rail carrier operating within this State shall remove
|
from its right of way at all railroad-highway grade crossings |
within the
State, such brush, shrubbery, and trees as is |
reasonably
practical for a distance of not less than 500 feet |
in either
direction from each grade crossing.
The Commission |
shall have power, upon its own motion, or upon
complaint, and |
after having made proper investigation, to
require the |
installation of adequate and appropriate luminous
reflective |
warning signs, luminous flashing
signals, crossing
gates |
illuminated at night, or other protective devices
in
order to |
promote and safeguard the health and safety of the
public.
|
Luminous flashing signal or crossing gate
devices installed at |
grade crossings, which have been approved
by the Commission, |
shall be deemed adequate and appropriate.
The Commission shall |
have authority to determine the number,
type, and location of |
such signs, signals, gates, or other
protective devices which, |
|
however, shall conform as near as
may be with generally |
recognized national standards, and the
Commission shall have |
authority to prescribe the division of
the cost of the |
installation and subsequent maintenance of
such signs, |
signals, gates, or other protective
devices between the rail |
carrier or carriers, the public highway
authority or other |
public authority in
interest, and in instances involving the |
use of the Grade
Crossing Protection Fund, the Illinois |
Department of
Transportation.
Except where train crews provide |
flagging of the crossing to road users, yield signs shall be |
installed at all highway intersections with every grade |
crossing in this State that is not equipped with automatic |
warning devices, such as luminous flashing signals or crossing |
gate devices. A stop sign may be used in lieu of the yield sign |
when an engineering study conducted in cooperation with the |
highway authority and the Illinois Department of |
Transportation has determined that a stop sign is warranted. If |
the Commission has ordered the installation of luminous |
flashing signal or
crossing gate devices at a grade crossing |
not equipped with active warning devices, the Commission shall |
order the
installation of temporary stop signs at the highway |
intersection with the grade
crossing unless an engineering |
study has determined that a stop sign is not appropriate. If a |
stop sign is not appropriate, the Commission may order the |
installation of other appropriate supplemental signing as |
determined by an engineering study. The temporary signs shall |
|
remain in place until the luminous
flashing signal or crossing |
gate devices have been installed.
The rail carrier is |
responsible for the installation and subsequent
maintenance of |
any required signs.
The permanent signs shall be in place by |
July 1, 2011.
|
No railroad may change or modify the warning device system |
at a
railroad-highway grade crossing, including warning |
systems interconnected with
highway traffic control signals, |
without having first received the approval of
the Commission. |
The Commission shall have the further power, upon application,
|
upon its own motion, or upon
complaint and after having made |
proper investigation, to require
the interconnection of grade |
crossing warning devices with traffic control
signals at |
highway intersections located at or near railroad crossings |
within
the distances described by the State Manual on Uniform |
Traffic Control Devices
adopted pursuant to Section 11-301 of |
this Code. In addition, State and local
authorities may not |
install, remove, modernize, or otherwise modify traffic
|
control signals at a highway intersection that is |
interconnected or proposed to
be interconnected with grade |
crossing warning devices when the change affects
the number, |
type, or location of traffic control devices on the track |
approach
leg or legs of the intersection or the timing of the |
railroad preemption
sequence of operation until the Commission |
has approved the installation,
removal, modernization, or |
modification.
Commission approval shall be limited to |
|
consideration of
issues directly affecting the public safety at |
the railroad-highway grade
crossing. The electrical circuit |
devices, alternate warning devices, and
preemption sequences |
shall conform as nearly as possible, considering the
particular |
characteristics of the crossing and
intersection area, to the |
State manual adopted by the Illinois Department of
|
Transportation pursuant to Section 11-301 of this Code and such |
federal
standards as are made applicable by subsection (2) of |
this Section. In order
to carry out this authority, the |
Commission shall have the authority to
determine the number, |
type, and location of traffic control devices on the
track |
approach leg or legs of the intersection and the timing of the |
railroad
preemption sequence of operation.
The Commission |
shall prescribe the division of costs for installation and
|
maintenance of all devices required by this paragraph between |
the railroad or
railroads and the highway authority in interest |
and in instances involving the
use of the Grade Crossing |
Protection Fund or a State highway, the Illinois
Department of |
Transportation.
|
Any person who unlawfully or maliciously removes, throws
|
down, damages or defaces any sign, signal, gate or other
|
protective device, located at or near any public grade
|
crossing, shall be guilty of a petty offense and fined not
less |
than $50 nor more than $200 for each offense. In
addition to |
fines levied under the provisions of this
Section a person |
adjudged guilty hereunder may also be
directed to make |
|
restitution for the costs of repair or
replacement, or both, |
necessitated by his misconduct.
|
It is the public policy of the State of Illinois to enhance |
public safety
by establishing safe grade crossings. In order to |
implement this policy, the
Illinois Commerce Commission is |
directed to conduct public hearings and to
adopt specific |
criteria by July 1, 1994, that shall be adhered to by the
|
Illinois Commerce Commission in determining if a grade crossing |
should be
opened or abolished. The following factors shall be |
considered by the
Illinois Commerce Commission in developing |
the specific criteria for opening
and abolishing grade |
crossings:
|
(a) timetable speed of passenger trains;
|
(b) distance to an alternate crossing;
|
(c) accident history for the last 5 years;
|
(d) number of vehicular traffic and posted speed |
limits;
|
(e) number of freight trains and their timetable |
speeds;
|
(f) the type of warning device present at the grade |
crossing;
|
(g) alignments of the roadway and railroad, and the |
angle of intersection
of those alignments;
|
(h) use of the grade crossing by trucks carrying |
hazardous materials,
vehicles carrying passengers for |
hire, and school buses; and
|
|
(i) use of the grade crossing by emergency vehicles.
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The Illinois Commerce Commission, upon petition to open or |
abolish a grade
crossing, shall enter an order opening or |
abolishing the crossing if it meets
the specific criteria |
adopted by the Commission.
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Except as otherwise provided in this subsection (3), in no |
instance shall
a grade crossing be permanently closed
without |
public hearing first being held and notice of such
hearing |
being published in an area newspaper of local general
|
circulation.
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(4) Freight Trains - Radio Communications.
The Commission |
shall after hearing and order require that
every main line |
railroad freight train operating on main
tracks outside of yard |
limits within this State shall be
equipped with a radio |
communication system. The Commission
after notice and hearing |
may grant exemptions from the
requirements of this Section as |
to secondary and branch
lines.
|
(5) Railroad Bridges and Trestles - Walkway and Handrail.
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In cases in which the Commission finds the same to be
practical |
and necessary for safety of railroad employees,
bridges and |
trestles, over and upon which railroad trains are
operated, |
shall include as a part thereof, a safe and
suitable walkway |
and handrail on one side only of such bridge
or trestle, and |
such handrail shall be located at the outer
edge of the walkway |
and shall provide a clearance of not less
than 8 feet, 6 |
inches, from the center line of the nearest
track, measured at |
|
right angles thereto.
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(6) Packages Containing Articles for First Aid to Injured |
on Trains.
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(a) All rail carriers shall provide a first aid kit |
that contains, at a minimum, those
articles prescribed by |
the Commission, on each train or
engine, for first aid to |
persons who may be injured in the
course of the operation |
of such trains.
|
(b) A vehicle, excluding a taxi cab used in an |
emergency situation, operated by a contract carrier |
transporting railroad employees in the course of their |
employment shall be equipped with a readily available first |
aid kit that contains, as a minimum, the same articles that |
are required on each train or engine. |
(7) Abandoned Bridges, Crossings, and Other Rail Plant.
The |
Commission shall have authority, after notice and hearing, to |
order:
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(a) The removal of any abandoned railroad tracks from |
roads,
streets or other thoroughfares in this State; and
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(b) The removal of abandoned overhead railroad |
structures
crossing highways, waterways, or railroads.
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The Commission may equitably apportion the cost of such
|
actions between the rail carrier or carriers, public utilities, |
and
the State, county, municipality, township, road district, |
or
other public authority in interest.
|
(8) Railroad-Highway Bridge Clearance. A vertical |
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clearance of not less
than 23 feet
above the top of rail shall |
be provided for all new or reconstructed highway
bridges |
constructed over a railroad track. The Commission may permit a |
lesser
clearance if it determines
that the 23 foot clearance |
standard cannot be justified based on
engineering, |
operational, and economic conditions.
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(9) Right of Access To Railroad Property. |
(a) A community antenna television company franchised |
by a municipality or county pursuant to the Illinois |
Municipal
Code or the Counties Code, respectively, shall |
not enter upon any real estate or
rights-of-way in the |
possession or control of a railroad
subject to the |
jurisdiction of the Illinois Commerce
Commission unless |
the community antenna television
company first complies |
with the applicable provisions of
subparagraph (f) of |
Section 11-42-11.1 of the Illinois
Municipal Code or |
subparagraph (f) of Section 5-1096 of the Counties Code. |
(b) Notwithstanding any provision of law to the |
contrary, this subsection (9) applies to all entries of |
railroad rights-of-way involving a railroad subject to the |
jurisdiction of the Illinois Commerce Commission by a |
community antenna television company and shall govern in |
the event of any conflict with any other provision of law. |
(c) This subsection (9) applies to any entry upon any |
real estate or right-of-way in the possession or control of |
a railroad subject to the jurisdiction of the Illinois |
|
Commerce Commission for the purpose of or in connection |
with the construction, or installation of a community |
antenna television company's system or facilities |
commenced or renewed on or after the effective date of this |
amendatory Act of the 100th General Assembly. |
(d) Nothing in this amendatory Act of the 100th General |
Assembly shall be construed to prevent a railroad from |
negotiating other terms and conditions or the resolution of |
any dispute in relation to an entry upon or right of access |
as set forth in this subsection (9). |
(e) For purposes of this subsection (9): |
"Broadband service", "cable operator", and "holder" |
have the meanings given to those terms under Section 21-201 |
of the Public Utilities Act. |
"Community antenna television company" includes, in |
the case of real estate or rights-of-way in possession of |
or in control of a railroad, a holder, cable operator, or |
broadband service provider. |
(f) Beginning on the effective date this amendatory Act |
of the 100th General Assembly, the Transportation Division |
of the Illinois Commerce Commission shall include in its |
annual Crossing Safety Improvement Program report a brief |
description of the number of cases decided by the Illinois |
Commerce Commission and the number of cases that remain |
pending before the Illinois Commerce Commission under this |
subsection (9) for the period covered by the report. |
