Full Text of HB2596 94th General Assembly
HB2596sam002 94TH GENERAL ASSEMBLY
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Sen. John M. Sullivan
Filed: 5/13/2005
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| AMENDMENT TO HOUSE BILL 2596
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| AMENDMENT NO. ______. Amend House Bill 2596 on page 3, | 3 |
| below line 15, by inserting the following:
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| "Section 10. The Department of Transportation Law of the
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| Civil Administrative Code of Illinois is amended by adding | 6 |
| Section 2705-556 as follows: | 7 |
| (20 ILCS 2705/2705-556 new) | 8 |
| Sec. 2705-556. Leases to telecommunications service | 9 |
| providers.
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| (a) Definitions of words and phrases. The following words | 11 |
| and phrases when used in this Section have the meanings as | 12 |
| ascribed to them. | 13 |
| "Telecommunications service provider" means an | 14 |
| individual, a partnership, a corporation, another business | 15 |
| entity, or a government body engaged in providing | 16 |
| telecommunications services. | 17 |
| "Telecommunications facility" is a collective term | 18 |
| that includes, but is not limited to, antennae towers, | 19 |
| transmission and receiving equipment, equipment | 20 |
| enclosures, tower attachments, site locations, site | 21 |
| improvements, and security features capable of producing, | 22 |
| transmitting, or distributing communications, television, | 23 |
| data, internet services, or emergency signals, including | 24 |
| any fire or police signal system that directly or |
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| indirectly serves the public by using energy as the | 2 |
| transmitting and receiving medium. The facilities may be | 3 |
| privately, publicly, or cooperatively owned by one or more | 4 |
| telecommunications service providers. The term "wireless | 5 |
| facility" also means the owning company inclusive of any | 6 |
| wholly owned or controlled subsidiary. | 7 |
| "Transportation facility" means all real property | 8 |
| subject to the jurisdiction of the Department without | 9 |
| limitation as to current or planned use for the | 10 |
| Department's physical facilities, maintenance yards, | 11 |
| district offices, and other related buildings and | 12 |
| including, but not limited to, highways, rights-of-way, | 13 |
| roads and bridges, parking facilities, rest areas, and | 14 |
| weigh stations. | 15 |
| (b) Notwithstanding Section 2705-555, the Department may | 16 |
| lease all or any part of a transportation facility of which the | 17 |
| Department has jurisdiction and that is not immediately to be | 18 |
| used or developed by the Department to one or more | 19 |
| telecommunications service providers. In conjunction | 20 |
| therewith, the Department may grant easements, licenses, and | 21 |
| permits and shall collect compensation for no less than fair | 22 |
| market value for the lease and other use of its transportation | 23 |
| facilities. No such lease, easement, license, or permit may be | 24 |
| for a longer period of time than 15 years. The Department is | 25 |
| authorized to adopt reasonable rules necessary for the | 26 |
| administration of this Section. | 27 |
| (c) Pursuant to 47 U.S.C. 332, the "Telecommunications Act | 28 |
| of 1996", the Department may grant a lease, easement, license, | 29 |
| or permit in a transportation facility to a telecommunications | 30 |
| service provider for construction, placement, or operation of a | 31 |
| telecommunications facility. An interest granted under this | 32 |
| Section is subject to all of the following conditions: | 33 |
| (1) The transportation facility is owned in fee simple | 34 |
| at the time the lease, easement, license, or permit is |
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| granted to the telecommunications service provider. | 2 |
| Notwithstanding the foregoing, permits related to a lease | 3 |
| granted pursuant to this Section may be given in accordance | 4 |
| with the provisions of Section 9-113 of the Illinois | 5 |
| Highway Code regardless of the property interest of the | 6 |
| State. | 7 |
| (2) The lease, easement, license, or permit shall be | 8 |
| granted on a first come first served basis in accordance | 9 |
| with rules as adopted pursuant to subsection (b). The rules | 10 |
| may include provisions for master leases for multiple | 11 |
| sites. | 12 |
| (3) The telecommunications facility shall be designed | 13 |
| to accommodate the Department's multi-agency radio | 14 |
| communication system, the intelligent transportation | 15 |
| system, or the Department's communication system as the | 16 |
| Department may determine is necessary for highway or other | 17 |
| Departmental purposes, unless waived in writing by the | 18 |
| Department. | 19 |
| (4) The telecommunications facility shall be designed | 20 |
| to accommodate such additional telecommunications | 21 |
| equipment as may feasibly be co-located thereon as | 22 |
| determined by the Department. | 23 |
| (5) The telecommunications service providers granted | 24 |
| the lease, easement, license, or permit agree to permit | 25 |
| other telecommunications service providers to co-locate on | 26 |
| the telecommunications facility, and agree to the terms and | 27 |
| conditions of the co-location as determined by the | 28 |
| Department. | 29 |
| (6) The Department shall require indemnity agreements | 30 |
| in favor of the Department as a condition of any lease, | 31 |
| easement, license, or permit granted under this Section. | 32 |
| Each indemnity agreement shall secure the Department, its | 33 |
| employees, and its agents from liability for damages | 34 |
| arising out of safety hazards, zoning, and any other matter |
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| of public interest the Department considers necessary. | 2 |
| (7) All plans and specifications of a | 3 |
| telecommunications facility shall meet with the | 4 |
| Department's approval. | 5 |
| (8) The telecommunications service provider shall | 6 |
| comply with all other applicable laws and local ordinances | 7 |
| that apply to a telecommunications facility.
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| (9) Any other conditions the Department determines | 9 |
| necessary.
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| (d) Money received by the Department under this Section | 11 |
| shall be deposited into the Road Fund. ".
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