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    AN ACT concerning regulation.

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


 
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    Section 5. The Emergency Telephone System Act is amended  by 
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adding Section 15.7 as follows:
 
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    (50 ILCS 750/15.7 new)

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    Sec. 15.7. Compliance with certification of 9-1-1 system 
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providers by the Illinois Commerce Commission. In addition to 
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the requirements of this Section, all 9-1-1  system providers 
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must comply with the requirements of Section 13-900 of the 
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Public Utilities Act.
 
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    Section 10. The Public Utilities Act is amended  by adding 
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Section 13-900 as follows:
 
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    (220 ILCS 5/13-900  new)
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    (Section scheduled to be repealed on July 1, 2009)
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    Sec. 13-900. Authority to serve as 9-1-1 system provider; 
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rules. 
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    (a) The General Assembly finds that it is necessary to 
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require the certification of 9-1-1 system providers to ensure 
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the safety of the lives and property of Illinoisans and 
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Illinois businesses, and to otherwise protect and promote the 
 


 






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public safety, health, and welfare of the citizens of this 
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State and their property.
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    (b) For purposes of this Section:
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        "9-1-1 system" has the same meaning as that term is 
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    defined in Section 2.19 of the Emergency Telephone System 
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    Act.
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        "9-1-1 system provider" means any person, corporation, 
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    limited liability company, partnership, sole 
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    proprietorship, or entity of any description whatever that 
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    acts as a system provider within the meaning of Section 
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    2.18 of the Emergency Telephone System Act.
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        "Emergency Telephone System Board" has the same 
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    meaning as that term is  defined in Sections 2.11 and 15.4 
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    of the Emergency Telephone System Act.
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        "Public safety agency personnel" means personnel 
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    employed by a public safety agency, as that term is defined 
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    in Section 2.02 of the Emergency Telephone System Act, 
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    whose responsibilities include responding to requests for 
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    emergency services.
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    (c) Except as otherwise provided in this Section, beginning 
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July 1, 2009, it is  unlawful for any 9-1-1 system provider to 
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offer or provide or seek to offer or provide to any emergency 
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telephone system board or 9-1-1 system, or agent, 
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representative, or designee thereof, any network and database 
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service used or intended to be used by any emergency telephone 
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system board or 9-1-1 system for the purpose of answering, 
 


 






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transferring, or relaying requests for emergency services, or 
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dispatching public safety agency personnel in response to  
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requests for emergency services, unless the 9-1-1 system 
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provider has applied for and received a Certificate of 9-1-1 
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System Provider Authority from the Commission. The Commission 
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shall approve an application for a Certificate of 9-1-1 System 
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Provider Authority upon a showing by the applicant, and a 
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finding by the Commission, after notice and hearing, that the 
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applicant possesses sufficient technical, financial, and 
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managerial resources and abilities to provide network service 
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and database services that it seeks authority to provide in its 
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application for service authority, in a safe, continuous, and  
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uninterrupted manner.
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    (d) No incumbent local exchange carrier that provides, as 
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of the effective date of this amendatory Act of the 95th 
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General Assembly, any 9-1-1 network and 9-1-1 database service 
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used or intended to be used by any Emergency Telephone System 
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Board or 9-1-1 system, shall be required to obtain a 
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Certificate of 9-1-1 System Provider Authority under this 
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Section. No entity that possesses, as of the effective date of 
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this amendatory Act of the 95th General Assembly, a Certificate 
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of Service Authority and provides 9-1-1 network and 9-1-1 
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database services to any incumbent local exchange carrier as of 
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the effective date of this amendatory Act of the 95th General 
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Assembly shall be required to obtain a Certificate of 9-1-1 
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System Provider Authority under this Section.
 


 






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    (e) Any and all enforcement authority granted to the 
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Commission under this Section shall apply exclusively to 9-1-1 
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system providers granted a Certificate of Service Authority 
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under this Section and shall not apply to incumbent local 
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exchange carriers that are providing 9-1-1 service as of the 
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effective date of this amendatory Act of the 95th General 
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Assembly.
 

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