093_SB0884ham001

 










                                     LRB093 10553 LRD 16052 a

 1                    AMENDMENT TO SENATE BILL 884

 2        AMENDMENT NO.     .  Amend Senate Bill 884 as follows:

 3    by replacing everything after the enacting  clause  with  the
 4    following:

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

 8        (220 ILCS 5/13-409)
 9        Sec.   13-409.  Application   of  Sec.  13-408  unbundled
10    network element rates.
11        (a)  During the first 2  years  following  the  effective
12    date  of  Section  13-408,  for  the first 35,000 voice grade
13    equivalent access lines used  by  an  individual  carrier  to
14    provide  local  exchange  service  to  end users, the monthly
15    recurring rate for the unbundled network elements  associated
16    with  those lines and leased from an incumbent local exchange
17    carrier to which Section 13-408 applies shall  be  frozen  at
18    the  levels in effect immediately prior to the effective date
19    of Section 13-408.
20        (b)  Thereafter, the  monthly  recurring  rates  for  all
21    unbundled  network  elements  provided by any incumbent local
 
                            -2-      LRB093 10553 LRD 16052 a
 1    exchange carrier to which Section 13-408 applies shall be the
 2    rates established by the Commission in  accordance  with  the
 3    provisions of Section 13-408.
 4        (c)  If,  as  of the effective date of Section 13-408 and
 5    this Section, an individual telecommunications  carrier  uses
 6    unbundled  network  elements leased from a specific incumbent
 7    local exchange carrier to provide local exchange service over
 8    more than 35,000 voice grade equivalent  access  lines,  that
 9    carrier  must  designate  the  35,000  voice grade equivalent
10    access lines to which the provisions of subsections  (a)  and
11    (b) of this Section apply. If subsequent to such designation,
12    the  individual  carrier  loses  the  customer  served  by  a
13    designated  access  line,  and therefore no longer leases the
14    unbundled network elements associated  with  that  line,  the
15    individual  carrier may not designate a different access line
16    to substitute  for  the  lost  line.  All  unbundled  network
17    elements  leased  to  provide service over undesignated voice
18    grade equivalent access lines shall be subject  to  the  full
19    monthly  recurring  rates  established  by  the Commission in
20    accordance with the provisions of Section 13-408.
21        (d)  If, as of the effective date  of  this  Section,  an
22    individual  carrier  uses  unbundled  network elements leased
23    from a specific  local  exchange  carrier  to  provide  local
24    exchange   service   over   fewer  than  35,000  voice  grade
25    equivalent access lines,  that  carrier  must  designate  the
26    access  lines  to which the provisions of subsections (a) and
27    (b) of this Section apply. If subsequent to such designation,
28    the  individual  carrier  loses  the  customer  served  by  a
29    designated access line, and therefore no  longer  leases  the
30    unbundled  network  elements  associated  with that line, the
31    individual carrier may not designate a different access  line
32    to   substitute   for   the   lost  line.  Subject  to  these
33    limitations,  subsequent  to  the  effective  date  of   this
34    Section,  such a carrier may designate additional voice grade
 
                            -3-      LRB093 10553 LRD 16052 a
 1    equivalent access lines to which it wishes the provisions  of
 2    subsections  (a)  and (b) of this Section to apply, until the
 3    total  designated  lines  equal  35,000.  If  a  subsequently
 4    designated line is lost, the carrier will not be permitted to
 5    designate a different line to substitute for that lost  line.
 6    All unbundled network elements leased to provide service over
 7    undesignated  voice  grade  equivalent  access lines shall be
 8    subject to the full monthly recurring  rates  established  by
 9    the  Commission  in accordance with the provisions of Section
10    13-408.
11        (e)  For purposes of this Section, in determining when an
12    individual  telecommunications  carrier  has  reached  35,000
13    voice grade equivalent access lines, a specific carrier,  any
14    affiliate  of that carrier, any carrier serving as a sales or
15    marketing agent for that carrier, and any carrier  with  whom
16    that carrier has a cooperative sales or marketing arrangement
17    all shall be treated as a single individual carrier.
18        (f)  (Blank).  Notwithstanding  any  other  provisions of
19    this Section,  access  lines  provided  to  payphone  service
20    providers  are  not  eligible  for  the  freeze  or  discount
21    provided  for  in  subsections  (a)  and (b) of this Section.
22    Accordingly, the provisions of subsections (a) and (b)  shall
23    not  apply  to  unbundled network elements that are leased by
24    individual  telecommunications  carriers  to  provide   local
25    exchange service to payphone service providers.
26    (Source: P.A. 93-5, eff. 5-09-03.)

27        Section  99.  Effective  date. This Act takes effect upon
28    becoming law.".