Illinois General Assembly - Full Text of SB0553
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Full Text of SB0553  93rd General Assembly

SB0553ham002 93rd General Assembly


093_SB0553ham002

 










                                     LRB093 10793 LRD 16451 a

 1                    AMENDMENT TO SENATE BILL 553

 2        AMENDMENT NO.     .  Amend Senate Bill 553 on page 1,  by
 3    replacing line 1 with the following:
 4        "AN ACT concerning computer technology."; and

 5    on page 3, after line 21, by inserting the following:

 6        "Section  50.   The  Public  Utilities  Act is amended by
 7    changing Section 13-301.3 as follows:

 8        (220 ILCS 5/13-301.3)
 9        (Section scheduled to be repealed on July 1, 2005)
10        Sec. 13-301.3. Digital Divide Elimination  Infrastructure
11    Program.
12        (a)  The  Digital  Divide Elimination Infrastructure Fund
13    is created as a special  fund  in  the  State  treasury.  All
14    moneys  in  the Fund shall be used, subject to appropriation,
15    by the Commission to  fund  the  construction  of  facilities
16    specified in Commission rules adopted under this Section. The
17    Commission  may  accept  private  and public funds, including
18    federal  funds,  for  deposit   into   the   Fund.   Earnings
19    attributable  to  moneys  in the Fund shall be deposited into
20    the Fund.
21        (b)  The Commission shall adopt rules under which it will
 
                            -2-      LRB093 10793 LRD 16451 a
 1    make grants out of funds appropriated from the Digital Divide
 2    Elimination  Infrastructure  Fund  to  eligible  entities  as
 3    specified in the rules for  the  construction  of  high-speed
 4    data  transmission facilities in eligible areas of the State.
 5    For purposes of determining whether an area  is  an  eligible
 6    area,  the  Commission  shall  consider,  among other things,
 7    whether  (i)  in  such  area,   advanced   telecommunications
 8    services,  as  defined in subsection (c) of Section 13-517 of
 9    this Act, are under-provided to residential or small business
10    end users, either directly or indirectly through an  Internet
11    Service  Provider,  (ii)  such  area  has  a  low  population
12    density,  and  (iii)  such  area  has  not  yet  developed  a
13    competitive market for advanced services.  In addition, if an
14    entity  seeking  a  grant  of  funds  from the Digital Divide
15    Elimination Infrastructure Fund is an for which the incumbent
16    local exchange carrier having the duty to  serve  such  area,
17    and  the obligation to provide advanced services to such area
18    pursuant to Section 13-517 of  this  Act,  the  entity  shall
19    demonstrate that it has sought and obtained an exemption from
20    such obligation pursuant to subsection (b) of Section 13-517.
21    Any  entity  seeking a grant of funds from the Digital Divide
22    Elimination Infrastructure  Fund  shall  demonstrate  to  the
23    Commission  that the grant shall be used for the construction
24    of high-speed data transmission  facilities  in  an  eligible
25    area   and   demonstrate   that   it   satisfies   all  other
26    requirements of the Commission's rules.  The Commission shall
27    determine the information that it deems  necessary  to  award
28    grants  pursuant  to  this  Section.  based upon a Commission
29    finding that provision of such advanced services to customers
30    in such area is either unduly economically burdensome or will
31    impose a significant adverse  economic  impact  on  users  of
32    telecommunications services generally.
33        (c)  The  rules  of  the Commission shall provide for the
34    competitive selection of recipients of grant funds  available
 
                            -3-      LRB093 10793 LRD 16451 a
 1    from  the  Digital  Divide  Elimination  Infrastructure  Fund
 2    pursuant  to  the  Illinois Procurement Code. Grants shall be
 3    awarded to bidders  chosen  on  the  basis  of  the  criteria
 4    established in such rules.
 5        (d)  All entities awarded grant moneys under this Section
 6    shall  maintain  all  records required by Commission rule for
 7    the period of time specified in the rules. Such records shall
 8    be subject  to  audit  by  the  Commission,  by  any  auditor
 9    appointed by the State, or by any State officer authorized to
10    conduct audits.
11    (Source: P.A. 92-22, eff. 6-30-01.)".