State of Illinois
91st General Assembly
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[ House Amendment 001 ]

91_HB3080

 
                                               LRB9110386MWgc

 1        AN  ACT  to  amend  the Illinois Municipal Code by adding
 2    Section 11-42-11.2.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The  Illinois  Municipal  Code is amended by
 6    adding Section 11-42-11.2 as follows:

 7        (65 ILCS 5/11-42-11.2 new)
 8        Sec. 11-42-11.2. Community  antenna  television  company;
 9    changes in rates and service.
10        (a)  This   Section   applies   only   with   respect  to
11    municipalities in a county with a  population  of  less  than
12    100,000.
13        (b)  If  the  a municipality has granted a franchise to a
14    community antenna television company, the  community  antenna
15    television  company may not impose a rate increase that, when
16    aggregated with all other rate increases taking effect within
17    the previous  24-month  period,  will  cause  that  aggregate
18    amount  to  exceed  the  increase in the consumer price index
19    during that 24-month period or 7%, whichever is less,  unless
20    the  rate  increase  has  been  approved  at referendum.  The
21    community antenna television system must notify the corporate
22    authorities of the municipality of the proposed increase. The
23    24-month period shall be calculated from the month  prior  to
24    the   month   the   notice   is  received  by  the  corporate
25    authorities. After the corporate  authorities  have  received
26    the  notice,  the  corporate  authorities  must  certify  the
27    question  to the proper election authority, which must submit
28    the question to  the  electors  of  the  municipality  at  an
29    election in accordance with the Election Code.
30        The  question  must  be  submitted  in  substantially the
31    following form:
 
                            -2-                LRB9110386MWgc
 1             Shall (name of community antenna television company)
 2        increase rates by (percentage),  which  would  amount  to
 3        aggregate  rate  increases  over  the  previous  24-month
 4        period of (percentage)?
 5        The votes must be recorded as "Yes" or "No".
 6        If a majority of the electors voting on the question vote
 7    in  the affirmative, the community antenna television company
 8    may increase the rate.
 9        (c)  If the municipality has granted  a  franchise  to  a
10    community  antenna  television  company,  any time there is a
11    proposed  change  in  company  ownership,  whether  by  sale,
12    merger, or otherwise, and any time there is a proposed change
13    in service, policy, procedure, or  channel  availability  the
14    community  antenna  television company must first give notice
15    of the change and of the time and place of a  public  meeting
16    to  the company's customers in the company's billing at least
17    2 months before the change is made and must  hold   a  public
18    meeting  at least 20 days but no more than 30 days before the
19    change is made.  The public meeting must be held  at  a  time
20    and  place  agreed  to  by  the  corporate authorities of the
21    municipality.  At the meeting, the public must  be  given  an
22    opportunity to comment on the change.
23        (d)  If the community antenna television company has been
24    granted   a  franchise  by  or  operates  in  more  than  one
25    municipality, a referendum and a public  meeting  under  this
26    Section must be held in each affected municipality.
27        (e)  In  this  Section,  "consumer price index" means the
28    Consumer Price Index for All Urban Consumers  for  all  items
29    published by the United States Department of Labor.

30        Section  99.  Effective  date. This Act takes effect upon
31    becoming law.

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