093_SB0884enr

 
SB884 Enrolled                       LRB093 10553 JLS 10807 b

 1        AN ACT concerning telecommunications.

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

 4        Section  5.  The  Public  Utilities  Act  is  amended  by
 5    changing Section 13-409  as  added  by  Public  Act  93-5  as
 6    follows:

 7        (220 ILCS 5/13-409)
 8        Sec.   13-409.  Application   of  Sec.  13-408  unbundled
 9    network element rates.
10        (a)  During the first 2  years  following  the  effective
11    date  of  Section  13-408,  for  the first 35,000 voice grade
12    equivalent access lines used  by  an  individual  carrier  to
13    provide  local  exchange  service  to  end users, the monthly
14    recurring rate for the unbundled network elements  associated
15    with  those lines and leased from an incumbent local exchange
16    carrier to which Section 13-408 applies shall  be  frozen  at
17    the  levels in effect immediately prior to the effective date
18    of Section 13-408.
19        (b)  Thereafter, the  monthly  recurring  rates  for  all
20    unbundled  network  elements  provided by any incumbent local
21    exchange carrier to which Section 13-408 applies shall be the
22    rates established by the Commission in  accordance  with  the
23    provisions of Section 13-408.
24        (c)  If,  as  of the effective date of Section 13-408 and
25    this Section, an individual telecommunications  carrier  uses
26    unbundled  network  elements leased from a specific incumbent
27    local exchange carrier to provide local exchange service over
28    more than 35,000 voice grade equivalent  access  lines,  that
29    carrier  must  designate  the  35,000  voice grade equivalent
30    access lines to which the provisions of subsections  (a)  and
31    (b) of this Section apply. If subsequent to such designation,
 
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 1    the  individual  carrier  loses  the  customer  served  by  a
 2    designated  access  line,  and therefore no longer leases the
 3    unbundled network elements associated  with  that  line,  the
 4    individual  carrier may not designate a different access line
 5    to substitute  for  the  lost  line.  All  unbundled  network
 6    elements  leased  to  provide service over undesignated voice
 7    grade equivalent access lines shall be subject  to  the  full
 8    monthly  recurring  rates  established  by  the Commission in
 9    accordance with the provisions of Section 13-408.
10        (d)  If, as of the effective date  of  this  Section,  an
11    individual  carrier  uses  unbundled  network elements leased
12    from a specific  local  exchange  carrier  to  provide  local
13    exchange   service   over   fewer  than  35,000  voice  grade
14    equivalent access lines,  that  carrier  must  designate  the
15    access  lines  to which the provisions of subsections (a) and
16    (b) of this Section apply. If subsequent to such designation,
17    the  individual  carrier  loses  the  customer  served  by  a
18    designated access line, and therefore no  longer  leases  the
19    unbundled  network  elements  associated  with that line, the
20    individual carrier may not designate a different access  line
21    to   substitute   for   the   lost  line.  Subject  to  these
22    limitations,  subsequent  to  the  effective  date  of   this
23    Section,  such a carrier may designate additional voice grade
24    equivalent access lines to which it wishes the provisions  of
25    subsections  (a)  and (b) of this Section to apply, until the
26    total  designated  lines  equal  35,000.  If  a  subsequently
27    designated line is lost, the carrier will not be permitted to
28    designate a different line to substitute for that lost  line.
29    All unbundled network elements leased to provide service over
30    undesignated  voice  grade  equivalent  access lines shall be
31    subject to the full monthly recurring  rates  established  by
32    the  Commission  in accordance with the provisions of Section
33    13-408.
34        (e)  For purposes of this Section, in determining when an
 
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 1    individual  telecommunications  carrier  has  reached  35,000
 2    voice grade equivalent access lines, a specific carrier,  any
 3    affiliate  of that carrier, any carrier serving as a sales or
 4    marketing agent for that carrier, and any carrier  with  whom
 5    that carrier has a cooperative sales or marketing arrangement
 6    all shall be treated as a single individual carrier.
 7        (f)  (Blank).  Notwithstanding  any  other  provisions of
 8    this Section,  access  lines  provided  to  payphone  service
 9    providers  are  not  eligible  for  the  freeze  or  discount
10    provided  for  in  subsections  (a)  and (b) of this Section.
11    Accordingly, the provisions of subsections (a) and (b)  shall
12    not  apply  to  unbundled network elements that are leased by
13    individual  telecommunications  carriers  to  provide   local
14    exchange service to payphone service providers.
15    (Source: P.A. 93-5, eff. 5-09-03.)

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