093_SB0553ham001











                                     LRB093 10793 LRD 16424 a

 1                    AMENDMENT TO SENATE BILL 553

 2        AMENDMENT NO.     .  Amend Senate Bill  553  on  page  3,
 3    after line 21, by inserting the following:

 4        "Section  50.   The  Public  Utilities  Act is amended by
 5    changing Section 13-301.3 as follows:

 6        (220 ILCS 5/13-301.3)
 7        (Section scheduled to be repealed on July 1, 2005)
 8        Sec. 13-301.3. Digital Divide Elimination  Infrastructure
 9    Program.
10        (a)  The  Digital  Divide Elimination Infrastructure Fund
11    is created as a special  fund  in  the  State  treasury.  All
12    moneys  in  the Fund shall be used, subject to appropriation,
13    by the Commission to  fund  the  construction  of  facilities
14    specified in Commission rules adopted under this Section. The
15    Commission  may  accept  private  and public funds, including
16    federal  funds,  for  deposit   into   the   Fund.   Earnings
17    attributable  to  moneys  in the Fund shall be deposited into
18    the Fund.
19        (b)  The Commission shall adopt rules under which it will
20    make grants out of funds appropriated from the Digital Divide
21    Elimination  Infrastructure  Fund  to  eligible  entities  as
22    specified in the rules for  the  construction  of  high-speed
 
                            -2-      LRB093 10793 LRD 16424 a
 1    data  transmission facilities in eligible areas of the State.
 2    For purposes of determining whether an area  is  an  eligible
 3    area,  the  Commission  shall  consider,  among other things,
 4    whether  (i)  in  such  area,   advanced   telecommunications
 5    services,  as  defined in subsection (c) of Section 13-517 of
 6    this Act, are under-provided to residential or small business
 7    end users, either directly or indirectly through an  Internet
 8    Service  Provider,  (ii)  such  area  has  a  low  population
 9    density,  and  (iii)  such  area  has  not  yet  developed  a
10    competitive market for advanced services.  In addition, if an
11    entity  seeking  a  grant  of  funds  from the Digital Divide
12    Elimination Infrastructure Fund is an for which the incumbent
13    local exchange carrier having the duty to  serve  such  area,
14    and  the obligation to provide advanced services to such area
15    pursuant to Section 13-517 of  this  Act,  the  entity  shall
16    demonstrate that it has sought and obtained an exemption from
17    such obligation pursuant to subsection (b) of Section 13-517.
18    Any  entity  seeking a grant of funds from the Digital Divide
19    Elimination Infrastructure  Fund  shall  demonstrate  to  the
20    Commission  that the grant shall be used for the construction
21    of high-speed data transmission  facilities  in  an  eligible
22    area   and   demonstrate   that   it   satisfies   all  other
23    requirements of the Commission's rules.  The Commission shall
24    determine the information that it deems  necessary  to  award
25    grants  pursuant  to  this  Section.  based upon a Commission
26    finding that provision of such advanced services to customers
27    in such area is either unduly economically burdensome or will
28    impose a significant adverse  economic  impact  on  users  of
29    telecommunications services generally.
30        (c)  The  rules  of  the Commission shall provide for the
31    competitive selection of recipients of grant funds  available
32    from  the  Digital  Divide  Elimination  Infrastructure  Fund
33    pursuant  to  the  Illinois Procurement Code. Grants shall be
34    awarded to bidders  chosen  on  the  basis  of  the  criteria
 
                            -3-      LRB093 10793 LRD 16424 a
 1    established in such rules.
 2        (d)  All entities awarded grant moneys under this Section
 3    shall  maintain  all  records required by Commission rule for
 4    the period of time specified in the rules. Such records shall
 5    be subject  to  audit  by  the  Commission,  by  any  auditor
 6    appointed by the State, or by any State officer authorized to
 7    conduct audits.
 8    (Source: P.A. 92-22, eff. 6-30-01.)".