HB2596sam002 94TH GENERAL ASSEMBLY

Sen. John M. Sullivan

Filed: 5/13/2005

09400HB2596sam002 LRB094 08713 AJO 46496 a

AMENDMENT TO HOUSE BILL 2596

AMENDMENT NO. ______. Amend House Bill 2596 on page 3, below line 15, by inserting the following:

"Section 10. The Department of Transportation Law of the Civil Administrative Code of Illinois is amended by adding Section 2705-556 as follows:

(20 ILCS 2705/2705-556 new)

Sec. 2705-556. Leases to telecommunications service providers.

(a) Definitions of words and phrases. The following words and phrases when used in this Section have the meanings as ascribed to them.

"Telecommunications service provider" means an individual, a partnership, a corporation, another business entity, or a government body engaged in providing telecommunications services.

"Telecommunications facility" is a collective term that includes, but is not limited to, antennae towers, transmission and receiving equipment, equipment enclosures, tower attachments, site locations, site improvements, and security features capable of producing, transmitting, or distributing communications, television, data, internet services, or emergency signals, including any fire or police signal system that directly or indirectly serves the public by using energy as the transmitting and receiving medium. The facilities may be privately, publicly, or cooperatively owned by one or more telecommunications service providers. The term "wireless facility" also means the owning company inclusive of any wholly owned or controlled subsidiary.

"Transportation facility" means all real property subject to the jurisdiction of the Department without limitation as to current or planned use for the Department's physical facilities, maintenance yards, district offices, and other related buildings and including, but not limited to, highways, rights-of-way, roads and bridges, parking facilities, rest areas, and weigh stations.

(b) Notwithstanding Section 2705-555, the Department may lease all or any part of a transportation facility of which the Department has jurisdiction and that is not immediately to be used or developed by the Department to one or more telecommunications service providers. In conjunction therewith, the Department may grant easements, licenses, and permits and shall collect compensation for no less than fair market value for the lease and other use of its transportation facilities. No such lease, easement, license, or permit may be for a longer period of time than 15 years. The Department is authorized to adopt reasonable rules necessary for the administration of this Section.

(c) Pursuant to 47 U.S.C. 332, the "Telecommunications Act of 1996", the Department may grant a lease, easement, license, or permit in a transportation facility to a telecommunications service provider for construction, placement, or operation of a telecommunications facility. An interest granted under this Section is subject to all of the following conditions:

(1) The transportation facility is owned in fee simple at the time the lease, easement, license, or permit is granted to the telecommunications service provider. Notwithstanding the foregoing, permits related to a lease granted pursuant to this Section may be given in accordance with the provisions of Section 9-113 of the Illinois Highway Code regardless of the property interest of the State.

(2) The lease, easement, license, or permit shall be granted on a first come first served basis in accordance with rules as adopted pursuant to subsection (b). The rules may include provisions for master leases for multiple sites.

(3) The telecommunications facility shall be designed to accommodate the Department's multi-agency radio communication system, the intelligent transportation system, or the Department's communication system as the Department may determine is necessary for highway or other Departmental purposes, unless waived in writing by the Department.

(4) The telecommunications facility shall be designed to accommodate such additional telecommunications equipment as may feasibly be co-located thereon as determined by the Department.

(5) The telecommunications service providers granted the lease, easement, license, or permit agree to permit other telecommunications service providers to co-locate on the telecommunications facility, and agree to the terms and conditions of the co-location as determined by the Department.

(6) The Department shall require indemnity agreements in favor of the Department as a condition of any lease, easement, license, or permit granted under this Section. Each indemnity agreement shall secure the Department, its employees, and its agents from liability for damages arising out of safety hazards, zoning, and any other matter of public interest the Department considers necessary.

(7) All plans and specifications of a telecommunications facility shall meet with the Department's approval.

(8) The telecommunications service provider shall comply with all other applicable laws and local ordinances that apply to a telecommunications facility.

(9) Any other conditions the Department determines necessary.

(d) Money received by the Department under this Section shall be deposited into the Road Fund.".