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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3234
Introduced 2/24/2009, by Rep. Tom Cross SYNOPSIS AS INTRODUCED:
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220 ILCS 5/13-401 |
from Ch. 111 2/3, par. 13-401 |
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Amends the Telecommunications Article of the Public Utilities Act. Makes a technical change in a Section concerning a certificate of service authority.
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A BILL FOR
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HB3234 |
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LRB096 06248 MJR 16331 b |
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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 Public Utilities Act is amended by changing |
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| Section 13-401 as follows:
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| (220 ILCS 5/13-401) (from Ch. 111 2/3, par. 13-401)
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| (Section scheduled to be repealed on July 1, 2009)
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| Sec. 13-401. Certificate of Service Authority.
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| (a) No telecommunications carrier not possessing a |
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| certificate of public
convenience and
and necessity or |
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| certificate of authority from the Commission
at the time this |
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| Article goes into effect shall transact any business in
this |
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| State until it shall have obtained a certificate of service |
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| authority
from the Commission pursuant to the provisions of |
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| this Article. |
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| No telecommunications carrier offering or providing, or |
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| seeking to offer
or provide, any interexchange |
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| telecommunications service shall do so until
it has applied for |
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| and received a Certificate of Interexchange Service
Authority |
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| pursuant to the provisions of Section 13-403. No
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| telecommunications carrier offering or providing, or seeking |
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| to offer or
provide, any local exchange telecommunications |
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| service shall do so until it
has applied for and received a |
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HB3234 |
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LRB096 06248 MJR 16331 b |
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| Certificate of Exchange Service Authority
pursuant to the |
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| provisions of Section 13-405.
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| Notwithstanding Sections 13-403, 13-404, and 13-405, the |
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| Commission
shall approve a cellular radio application for a |
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| Certificate of Service
Authority without a hearing upon a |
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| showing by the cellular applicant that
the Federal |
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| Communications Commission has issued to it a construction
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| permit or an operating license to construct or operate a |
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| cellular radio
system in the area as defined by the Federal |
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| Communications Commission, or
portion of the area, for which |
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| the carrier seeks a Certificate of Service
Authority.
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| No Certificate of Service Authority issued by the |
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| Commission shall be
construed as granting a monopoly or |
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| exclusive privilege, immunity or
franchise. The issuance of a |
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| Certificate of Service Authority to any
telecommunications |
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| carrier shall not preclude the Commission from issuing
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| additional Certificates of Service Authority to other |
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| telecommunications
carriers providing the same or equivalent |
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| service or serving the same
geographical area or customers as |
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| any previously certified carrier, except
to the extent |
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| otherwise provided by Sections 13-403 and 13-405.
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| Any certificate of public convenience and necessity |
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| granted by the
Commission to a telecommunications carrier prior |
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| to the effective date of
this Article shall remain in full |
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| force and effect, and such carriers need
not apply for a |
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| Certificate of Service Authority in order to continue
offering |
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HB3234 |
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LRB096 06248 MJR 16331 b |
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| or providing service to the extent authorized in such |
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| certificate
of public convenience and necessity. Any such |
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| carrier, however, prior to
substantially altering the nature or |
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| scope of services provided under a
certificate of public |
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| convenience and necessity, or adding or expanding
services |
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| beyond the authority contained in such certificate, must apply |
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| for
a Certificate of Service Authority for such alterations or |
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| additions
pursuant to the provisions of this Article.
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| The Commission shall review and modify the terms of any
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| certificate of public convenience and necessity issued to a
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| telecommunications carrier prior to the effective date of this |
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| Article in
order to ensure its conformity with the requirements |
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| and policies of this
Article. Any Certificate of Service |
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| Authority may be altered or modified by
the Commission, after |
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| notice and hearing, upon its own motion or upon
application of |
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| the person or company affected. Unless exercised within a
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| period of two years from the issuance thereof, authority |
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| conferred by a
Certificate of Service Authority shall be null |
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| and void.
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| (b) The Commission may issue a temporary Certificate which |
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| shall remain
in force not to exceed one year in cases of |
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| emergency, to assure maintenance
of adequate service or to |
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| serve particular customers, without notice and
hearing, |
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| pending the determination of an application for a Certificate, |
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| and
may by regulation exempt from the requirements of this |
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| Section temporary
acts or operations for which the issuance of |