State of Illinois
90th General Assembly
Legislation

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[ Senate Amendment 001 ]

90_SB0141

      220 ILCS 5/13-405         from Ch. 111 2/3, par. 13-405
          Amends the  Public  Utilities  Act.   Provides  that  the
      Commerce  Commission  shall  approve  an  application  for  a
      certificate  of  exchange service authority upon showing only
      that the applicant possesses sufficient technical, financial,
      and managerial resources to provide the service.  Current law
      requires finding of no adverse effect on prices or  viability
      of   the   principal   local   service  provider.   Effective
      immediately.
                                                     LRB9001049JSgc
                                               LRB9001049JSgc
 1        AN ACT to amend the  Public  Utilities  Act  by  changing
 2    Section 13-405.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Public  Utilities  Act  is  amended  by
 6    changing Section 13-405 as follows:
 7        (220 ILCS 5/13-405) (from Ch. 111 2/3, par. 13-405)
 8        (This Section is scheduled to be repealed July 1, 1999.)
 9        Sec. 13-405.  Local exchange service authority; approval.
10    The Commission shall approve an application for a Certificate
11    of Exchange Service Authority only  upon  a  showing  by  the
12    applicant,  and a finding by the Commission, after notice and
13    hearing,  that:  (a)  the  applicant   possesses   sufficient
14    technical,  financial  and managerial resources and abilities
15    to provide local exchange telecommunications service.; and
16             (b)  that  the   exercise   of   the   Certificate's
17        authority  by  the  applicant  would not adversely affect
18        prices, network design, or the financial viability of the
19        principal provider of local  exchange  telecommunications
20        service.
21        The  Commission  shall not approve or issue a Certificate
22    of   Exchange   Service   Authority   to   more   than    one
23    telecommunications  carrier for any exchange prior to January
24    1, 1989; provided, however, that a  Certificate  of  Exchange
25    Service  Authority may be issued before such time, subject to
26    appropriate Commission approval, pursuant to this Section, to
27    any telecommunications carrier providing predominantly direct
28    nonswitched access service between a customer or user and any
29    telecommunications carrier providing inter-MSA, inter-LATA or
30    inter-state  telecommunications  service,  or  between   such
31    telecommunications  carriers,  for  the  purpose of providing
                            -2-                LRB9001049JSgc
 1    such direct access service.
 2    (Source: P.A. 84-1063.)
 3        Section 99.  Effective date.  This Act takes effect  upon
 4    becoming law.

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