Public Act 93-0245

HB2265 Enrolled                      LRB093 07840 JLS 08029 b

    AN ACT concerning telecommunications.

    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
changing Section 13-509 as follows:

    (220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)
    (Section scheduled to be repealed on July 1, 2005)
    Sec.  13-509.  Agreements  for  provisions of competitive
telecommunications  services  differing   from   tariffs.   A
telecommunications  carrier  may  negotiate with customers or
prospective     customers     to     provide      competitive
telecommunications  service,  and  in  so doing, may offer or
agree to provide such service on  such  terms  and  for  such
rates  or  charges  as  are reasonable, without regard to any
tariffs it may have filed with the Commission with respect to
such services. Within 30 business days  after  executing  any
such  agreement,  the telecommunications carrier shall submit
to the Commission written  notice  of  a  list  of  any  such
agreements  (which  list  may  be filed electronically).  The
notice  shall  identify  the  general  nature  of  all   such
agreements,  the  parties  to  each  agreement, and a general
description of differences between  each  agreement  and  the
related  tariff.   A copy of each such agreement and any cost
support required to be filed with the agreement by some other
Section of this Act  shall  be  provided  to  the  Commission
within  10  business  days  after a request for review of the
agreement is made  by  the  Commission  or  is  made  to  the
Commission  by  another  telecommunications carrier. file any
contract or memorandum of understanding for the provision  of
telecommunications  service, which shall include the rates or
other charges, practices, rules or regulations applicable  to
the  agreed  provision  of  such  service.   Any cost support
required to be filed with the agreement by some other Section
of this Act shall be filed  within  30  business  days  after
executing  any  such  agreement. Where the agreement contains
the same rates, charges, practices,  rules,  and  regulations
found in a single contract or memorandum already filed by the
telecommunications  carrier  with  the Commission, instead of
filing the contract  or  memorandum,  the  telecommunications
carrier  may  elect  to  file  a  letter  identifying the new
agreement  and  specifically  referencing  the  contract   or
memorandum already on file with the Commission which contains
the  same  provisions.   A  single letter may be used to file
more than one new agreement. Upon submitting  notice  to  the
Commission  of  any  such  agreement  filing  its contract or
memorandum, or letter, the telecommunications  carrier  shall
thereafter  provide  service  according to the terms thereof,
unless the Commission finds, after notice and  hearing,  that
the continued provision of service pursuant to such agreement
contract  or  memorandum  would  substantially  and adversely
affect the  financial  integrity  of  the  telecommunications
carrier or would violate any other provision of this Act.
    Any  agreement  or  notice contract or memorandum entered
into or and submitted filed pursuant  to  the  provisions  of
this Section may, in the Commission's discretion, be accorded
proprietary treatment.
(Source: P.A. 92-22, eff. 6-30-01.)

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