Illinois General Assembly - Full Text of SB2916
Illinois General Assembly

Previous General Assemblies

Full Text of SB2916  100th General Assembly




State of Illinois
2017 and 2018


Introduced 2/14/2018, by Sen. Sue Rezin


220 ILCS 5/8-502  from Ch. 111 2/3, par. 8-502

    Amends the Public Utilities Act. Includes telecommunication carriers in provisions allowing a public utility the use of another public utility's conduits, subways, wires, poles, pipes, or other property or equipment. Provides that the Illinois Commerce Commission may not require joint use of the property or equipment where it is used exclusively for providing broadband, interconnected VoIP, information, or wireless services. Effective immediately.

LRB100 18920 SMS 34166 b





SB2916LRB100 18920 SMS 34166 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Public Utilities Act is amended by changing
5Section 8-502 as follows:
6    (220 ILCS 5/8-502)  (from Ch. 111 2/3, par. 8-502)
7    Sec. 8-502. Whenever the Commission, after a hearing had
8upon its own motion or upon complaint, shall find that public
9convenience and necessity require the use by one public utility
10or telecommunications carrier of the conduits, subways, wires,
11poles, pipes or other property or equipment, or any part
12thereof, on, over or under any street or highway, belonging to
13another public utility or telecommunications carrier, and that
14such use will not prevent the owner or other users thereof from
15performing their public duties nor result in irreparable injury
16to such owner or other users of such conduits, subways, wires,
17poles, pipes or other property or equipment, or in any
18substantial detriment to the service, and that such public
19utilities have failed to agree upon such use or the terms and
20conditions or compensation for the same, the Commission may, by
21order, direct that such use be permitted and prescribe a
22reasonable compensation and reasonable terms and conditions
23for such joint use. If such use be directed, the public utility



SB2916- 2 -LRB100 18920 SMS 34166 b

1to whom the use is permitted shall be liable to the owner or
2other users of such conduits, subways, wires, poles, pipes or
3other property or equipment, for such damage as may result
4therefrom to the property of such owner or other users thereof;
5however, the Commission may not require the joint use of
6conduits, subways, wires, poles, pipes, or other property or
7equipment, or any part thereof, on, over, or under any street
8or highway, where the conduits, subways, wires, poles, pipes,
9or other property or equipment are used exclusively for
10providing (i) broadband services, (ii) interconnected VoIP
11services, (iii) information services, or (iv) wireless
12services, as those terms are defined in Section 13-804 of this
14(Source: P.A. 84-1308.)
15    Section 99. Effective date. This Act takes effect upon
16becoming law.