Illinois General Assembly - Bill Status for SB0467

Amends the Telecommunications Article of the Public Utilities Act. Provides terms and conditions for a crossing of railroad right-of-way. Allows the Illinois Commerce Commission to adopt rules prescribing additional terms and conditions to ensure that any crossing be consistent with the public convenience and necessity and reasonable service to the public. Provides that telecommunications carriers that locate their facilities within the railroad right-of-way for a crossing shall pay the railroad a one-time standard crossing fee of $750 for each crossing. Provides special circumstances under which the standard crossing fee is not imposed. Provides that, pending Commission resolution of a claim of special circumstances raised in a petition, a telecommunications carrier may, upon securing the payment of any damages and upon submission of completed engineering specifications to the railroad, proceed with a crossing in accordance with the rules adopted by the Commission, unless the Commission, upon application for emergency relief, determines that there is a reasonable likelihood that the proposed crossing either (i) involves a significant and imminent likelihood of danger to the public health or safety or (ii) is a serious threat to the safe operations of the railroad or to the current use of the railroad right-of-way.

Deletes everything after the enacting clause. Reinserts the provisions of the bill as introduced but makes the following changes. Defines "railroad" and "railroad corporation" to include a "transportation system", as defined in the Metropolitan Transit Authority Act. Makes changes in the definitions of "railroad right-of-way", "crossing", and "facilities" (was, "facility"). Deletes provisions (i) providing that a telecommunications carrier is responsible for any bodily injury or property damage with regard to property of the carrier within a railroad right-of-way that typically would be covered under a standard railroad protective liability insurance policy; (ii) including in a one-time standard crossing fee costs associated with modifications to existing insurance contracts of the carrier and the railroad; (iii) providing that a determination by the Illinois Commerce Commission on the issue of damages for the rights granted to a carrier with respect to a crossing is not final agency action; and (iv) authorizing a railroad or telecommunications carrier to seek judicial review if it claims to be aggrieved by a determination of the Commission concerning damages for the rights granted to a telecommunications carrier with respect to a crossing. Requires (rather than authorizes) the Commission to adopt rules prescribing additional terms and conditions. Increases the one-time standard crossing fee to $2,000 (rather than $750) for each crossing. Provides that a final determination by the Illinois Commerce Commission on the issue of special circumstances shall be considered final agency action subject to judicial review under the Administrative Review Law. Provides that payment by a telecommunications carrier of a standard fee (now, any damages) is required in order for the carrier to proceed with a crossing pending Commission resolution of a claim of special circumstances. Makes other changes.

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