HB5752 100TH GENERAL ASSEMBLY

LRB100 18622 SMS 33847 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5752

Introduced , by Rep. Natalie Phelps Finnie - Emanuel Chris Welch

SYNOPSIS AS INTRODUCED:

220 ILCS 5/Art. XXIII heading new
220 ILCS 5/23-101 new
220 ILCS 5/23-102 new
220 ILCS 5/23-103 new
220 ILCS 5/23-104 new

Amends the Public Utilities Act. Creates the Broadband Advisory Council Article in the Act. Creates the Broadband Advisory Council to explore ways to expand broadband access throughout the State, including unserved and underserved areas. Provides that the Department of Commerce and Economic Development shall provide administrative, personnel, and technical support. Provides for the voting and nonvoting membership of the Council. Provides for the powers and duties of the Council. Provides that the Council shall report to the General Assembly annually concerning actions the Council took during the previous year.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Public Utilities Act is amended by adding Article XXIII as follows:

(220 ILCS 5/Art. XXIII heading new)

ARTICLE XXIII. BROADBAND ADVISORY COUNCIL

(220 ILCS 5/23-101 new)

Sec. 23-101. Legislative findings and purpose. The General Assembly finds as follows:

(1) that the primary goals of the Governor, the General Assembly, and the citizens of this State, are (A) by the year 2020, to make every municipality, community, rural area, and urban neighborhood in this State accessible to affordable, reliable, and state-of-the-art Internet communications through the expansion, extension, and general availability of broadband services and technology, and (B) to encourage the ubiquitous adoption of broadband by all citizens;

(2) that, although broadband access has been extended to many areas of the State, many rural areas remain unserved and, although many neighborhoods in urban and suburban areas have broadband options, some urban neighborhoods have been bypassed for broadband deployment or upgrades;

(3) that the issues that have hindered providing broadband access to rural areas of the State and to some urban neighborhoods especially disadvantage elderly and low-income households;

(4) that fair and equitable access to 21st century technology is essential to (A) maximize the functionality of educational resources and educational facilities that enable our children and adults to receive the best of future teaching and learning, (B) civic engagement, (C) economic development, (D) access to state-of-the-art health care, (E) aging in place, (F) participation in a global economy, and (G) the State's farming communities; and

(5) accordingly, it is the purpose of the General Assembly to provide for the development of policies, plans, processes, and procedures to be employed and dedicated to (A) extending broadband access to citizens of Illinois and (B) eliminating barriers to widespread adoption of broadband Internet access.

(220 ILCS 5/23-102 new)

Sec. 23-102. Definitions. As used in this Article:

"Broadband" or "broadband service" means a service providing advanced telecommunications capability with a minimum downstream data rate of 25 megabits per second and a minimum upstream data rate of 3 megabits per second that does not require the end-user to dial up a connection, that has the capacity to always be on, and for which the transmission speeds are based on consistently available bandwidth rates, not sporadic or burstable rates, with latency suitable for real-time applications and services such as voice-over Internet protocol and video conferencing, and with monthly usage allowance included within a fixed price that is reasonably comparable to that of residential terrestrial fixed broadband offerings in urban areas. This definition of "broadband" or "broadband services" shall be reassessed every 2 years, beginning 2 years after the effective date of this Act, and modified as deemed appropriate by the Council.

"Broadband at benchmark speeds" means broadband service at the upstream and downstream data rates designated by the Federal Communications Commission, as those may change from time to time.

"Council" means the Broadband Advisory Council.

"Downstream data rate" means the transmission speed from the service provider source to the end-user.

"Internet protocol address" or "IP address" means a unique string of numbers separated by periods that identifies each computer using the Internet protocol to communicate over a network.

"Upstream data rate" means the transmission speed from the end-user to the service provider source.

"Unserved area" means a community that has no access to broadband service.

"Underserved area" means a community that has access to broadband at lower than the benchmark speeds designated by the Federal Communications Commission.

(220 ILCS 5/23-103 new)

Sec. 23-103. Broadband Advisory Council; members of Council; administrative support.

(a) The Broadband Advisory Council is hereby established. The Department of Commerce and Economic Opportunity shall house the Council and provide administrative, personnel, and technical support services.

(b) The Council shall consist of the following 17 voting members:

(1) the Director of Commerce and Economic Opportunity or his or her designee;

(2) the Secretary of Innovation and Technology or his or her designee;

(3) the Director of Aging or his or her designee;

(4) the Attorney General or his or her designee;

(5) the Chairman of the Illinois Commerce Commission or his or her designee;

(6) one member appointed by the Director of Healthcare and Family Services to represent the needs of disabled citizens;

(7) one member appointed by the Director of Commerce and Economic Opportunity and nominated by the president of a statewide organization representing electric cooperatives;

(8) one member appointed by the Director of Commerce and Economic Opportunity and nominated by the executive director of a statewide organization representing municipalities;

(9) one member appointed by the Director of Commerce and Economic Opportunity and nominated by the president of a statewide organization representing libraries;

(10) one member appointed by the Director of Commerce and Economic Opportunity and nominated by the president of a statewide organization representing public housing authorities;

(11) one member appointed by the Chair of the Illinois Community College Board;

(12) one member appointed by the Chair of the Illinois Board of Higher Education; and

(13) five members to represent broadband providers for 3-year terms appointed by the Governor, with the advice and consent of the Senate, as follows:

(A) one member representing an incumbent local exchange carrier that serves rural areas;

(B) one member representing an incumbent local exchange carrier that serves urban areas;

(C) one member representing wireless carriers that offer broadband internet access;

(D) one member representing cable companies that serve Illinois; and

(E) one member representing satellite providers.

(c) In addition to the 17 voting members of the Council, the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives shall each appoint one nonvoting member of the Council.

(d) The members shall select a chair and vice chair from their number. In the absence of the chair, the vice chair shall serve as chair. The Council shall appoint a secretary-treasurer who need not be a member of the Council and who, among other tasks or functions designated by the Council, shall keep records of its proceedings.

(e) The Council may appoint working groups to investigate and make recommendations to the full Council. Members of these working groups need not be members of the Council.

(f) Seven voting members of the Council constitute a quorum, and the affirmative vote of a simple majority of those members present is necessary for any action taken by vote of the Council.

(g) Members shall serve without compensation and may be reimbursed for reasonable expenses incurred in the performance of their duties from funds appropriated for that purpose.

(220 ILCS 5/23-104 new)

Sec. 23-104. Powers and duties of the Council generally.

(a) The Council shall:

(1) explore any and all ways to expand access to broadband services, including, but not limited to, middle mile, last mile, and wireless and satellite applications;

(2) identify barriers to broadband adoption among the residents and small businesses of Illinois;

(3) research ways to eliminate barriers to adoption through measures such as: digital literacy programs; programs to assist older citizens in using broadband Internet access; programs to facilitate adoption by disabled citizens; and programs to encourage collaborative efforts among public universities, community colleges, libraries public housing, and other institutions;

(4) assess whether, and if so, the degree to which broadband redlining is occurring in urban areas, such that certain neighborhoods within urban areas, relative to adjacent neighborhoods (whether suburban or urban) lack broadband access or have access at lower speeds;

(5) gather data regarding the various speeds provided to consumers in comparison to what is advertised;

(6) explore the potential for increased use of broadband service for the purposes of education, career readiness, workforce preparation, and alternative career training;

(7) explore the potential for increased use of broadband services to facilitate aging in place;

(8) explore ways for encouraging State and municipal agencies, including public housing authorities, to expand the development and use of broadband services for the purpose of better serving the public, including audio and video streaming, voice-over Internet protocol, teleconferencing, and wireless networking;

(9) cooperate and assist in the expansion of electronic instruction and distance education services; and

(10) as the Federal Communications Commission updates the downstream and upstream data rates, publish the revised data rates in the Illinois Register within 60 days of the federal update.

(b) In addition to the powers set forth elsewhere in this Article, the Council is hereby granted the powers necessary to carry out the purpose and intent of this Article, as enumerated in this Section, including, but not limited to:

(1) subject to appropriation, provide consultation services to project sponsors in connection with the planning, acquisition, improvement, construction, or development of a broadband deployment project;

(2) promote awareness of public facilities that have community broadband access that can be used for distance education and workforce development; and

(3) advise on deployment of e-government portals such that all public bodies and political subdivisions have websites and encourage one-stop government access and that all public entities stream audio and video of all public meetings.

(c) The Council shall also:

(1) monitor the broadband-based development efforts of other states and nations in areas such as business, education, aging in place, and health;

(2) receive input from all Illinois broadband stakeholders and advise the Governor and the General Assembly on policies related to broadband in Illinois; and

(3) serve as the broadband advocate to State agencies and other State entities to communicate the broadband needs of citizens and organizations that do not have access to broadband service or to broadband service adequate for their needs.

(d) The Council shall exercise its powers and authority to (i) advise and make recommendations to the General Assembly and the Governor on bringing broadband service to unserved and underserved rural and urban areas, (ii) advise and make recommendations to the General Assembly and the Governor on facilitating broadband adoption by all citizens, and (iii) propose statutory changes that may enhance and expand broadband in the State.

(e) The Council shall report to the General Assembly on or before January 1 of each year. The report shall include the action that was taken by the Council during the previous year in carrying out the provisions of this Article. The Council shall also make any other reports as may be required by the General Assembly or the Governor.