UPDATE: 06/05/07

HB 1500 has been rolled into SB 678. Current status and language of this Illinois Senate Bill can be found here.

While much of the problematic language of HB 1500 has been removed (like the eminent domain sections), SB 678 still allows a new provider to bypass full build out requirements and places customer service issues in the hands of the state, rather than municipalities.

For those reasons and several more, the City of Geneva still asks you to let your state representatives know you oppose SB 678.

TELECOMMUNICATIONS COMPANY WANTS EMINENT DOMAIN POWER OVER GENEVA PROPERTY OWNERS?

AT&T has launched a bill at the State House level to remove local franchise control from municipalities (a power Geneva currently holds) and instead give power over Geneva's Rights of Way directly to the State of Illinois. Most important to Geneva citizens, if passed, this bill would remove full citywide buildout requirements from AT&T - something cable companies must currently do - and allow them to serve parts of Geneva that they found most profitable, and not serve others they did not.

(Sidebar: What is particularly odd about this action is that AT&T insists its product is an IP service and not cable, and therefore, not subject to local cable franchising. If that is the case, why are they pushing a statewide cable franchise bill?)

Perhaps even more frightening is that the bill, in its current form, appears to grant eminent domain powers to AT&T for not only Geneva's Rights of Way, but private property as well.

If this bill passes in its current form, your front yard could end up looking something like this.

Geneva Building Commissioner Chuck Lencioni is 5'7"

Geneva City Planner Don Bastian is 5'11"

Or for specifics on the cabinets AT&T has used in its Project Lightspeed deployments elsewhere, see http://cabinets.commscope.com/products/wireline/52b.asp

From Pages 32 & 33 of the bill:

9		(2) Any area in this State in which the Commission has
10		granted a cable service or video service authorization pursuant
11		to this Article, no property owner, condominium association,
12		managing agent, lessee, or other person in possession and
13		control of any improved or unimproved real estate located
14		within such area shall forbid or prevent the holder of a
15		State-issued authorization from entering upon that real estate
16		for the purpose of and in connection with the construction or
17		installation of that cable service or video service facilities,
18		nor shall any such property owner, condominium association,
19		managing agent, lessee, or other person in possession or
20		control of that real estate forbid or prevent the holder of a
21		State-issued authorization from constructing or installing
22		upon, beneath, or over the real estate, including any buildings
23		or other structures located thereon, hardware, cable, fiber,
24		equipment, materials, or other cable service or video service
25		facilities used by the holder of a State-issued authorization
26		in the construction and installation of those cable service or

HB1500 - 33 - LRB095 09362 MJR 31669 b
1		video service facilities; provided, however, that the owner of
2		any such real estate may require, in exchange and as
3		compensation for permitting the construction or installation
4		of cable service or video service facilities upon, beneath, or
5		over such real estate, the payment of just compensation by the
6		holder of a State-issued authorization which provides that
7		cable service or video service, that sum to be determined in
8		accordance with the provisions of subsections (3) and (4) of
9		this Section, and provided further that the holder of a
10		State-issued authorization constructing or installing those
11		cable service or video service facilities shall agree to
12		indemnify the owner of the real estate for any damage caused by
13		the installation, operation, or removal of the cable service or
14		video service facilities and service.

On March 6, 2007, the Metropolitan Mayors Caucus released a letter of opposition and concerns. That position paper can be viewed at http://www.geneva.il.us/att/hb1500/opposeilhb1500.pdf.

The Illinois Municipal League also has information on their website at http://www.iml.org/dbs/legislative/nldbz.cfm.

Three hearings on the matter took place at the State Capitol in Springfield, IL on March 8, March 15, and March 22, 2007.

An audio file of most of the March 8 hearing can be listened to here or viewed in text format here.

An audio file of the March 15 hearing can be listened to here or viewed in text format here.

An audio file of the March 22 hearing can be listened to here or viewed in text format here.

Geneva also added its testimony in writing on March 22, 2007. That text can be found here.

Video of a press conference held by the City of Naperville, the Metropolitan Mayors Caucus, the Illinois Municipal League, and CANTV on March 22 following the Telecommunications Committee hearing can be viewed at http://video.google.com/videoplay?docid=-1537815416097320068 or http://www.geneva.il.us/att/videosect/HB_1500Press_Conf.wmv (Thanks to CANTV.ORG for this video.)

Geneva Mayor Burns also sent this letter to State Representative Timothy Schmitz on April 2, 2007. The Mayor and City Council also passed this resolution opposing HB 1500 on May 7, 2007.

The final hearing of the Telecommunications Committee on this bill (and an expected vote to move HB 1500 to the House floor) has been scheduled for Tuesday, May 29, 2007 9:00 AM at the Capitol Building, Room 118 in Springfield, IL. Actual text of the bill and the latest information regarding hearing notices can be found on the Illinois General Assembly website here. As meeting schedules often change, please make sure to check their website for the most current information if you plan to attend any future hearings.

The City of Geneva is part of a coalition called KeepUsConnected that is fighting this bill and encourages citizens to join as well.

Geneva also urges you to contact your state representatives by clicking here and ask them to oppose HB 1500.

See our past history with AT&T and their proposed Project Lightspeed offering here.

Should you have any questions or comments, please feel free to address them via email to Mayor Burns or your Aldermen or by calling Geneva City Hall at 630.232.7494.

Thank you for your interest.