State of Illinois
90th General Assembly

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[ House Amendment 001 ]


      220 ILCS 5/13-402.1       from Ch. 111 2/3, par. 13-402.1
          Amends  the  Public  Utilities  Act.   Provides  that   a
      telecommunications  carrier  that  provides video programming
      services shall not  permit  revenues,  profits,  or  retained
      earnings or any personnel, plant, or equipment related to the
      provision   of  telecommunications  service  to  be  used  in
      connection with the provision of video programming  services.
      Effective immediately.
 1        AN  ACT  to  amend  the  Public Utilities Act by changing
 2    Section 13-402.1.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Public  Utilities  Act  is  amended by
 6    changing Section 13-402.1 as follows:
 7        (220 ILCS 5/13-402.1) (from Ch. 111 2/3, par. 13-402.1)
 8        (This Section is scheduled to be repealed July 1, 1999.)
 9        Sec.  13-402.1.   Provision  of  video   services.    Any
10    telecommunications  carrier  that is prohibited or restricted
11    under laws or regulations of the United States from providing
12    video  programming  services  within   its   local   exchange
13    telephone service area, or from providing related channels of
14    communication,  pole  or conduit space or rental arrangements
15    to an affiliated  entity  for  use  in  connection  with  the
16    provision  of  video  programming,  shall  not  provide video
17    programming, as currently defined under  Section  602(16)  of
18    the  Communications  Act of 1934, 47 U.S.C. Section 522 (16),
19    within such area, and  shall  not  permit  such  use  of  its
20    facilities by an affiliated entity for use in connection with
21    the  provision  of video programming unless and to the extent
22    those laws and regulations no longer prohibit or restrict the
23    telecommunications  carrier  from  doing  so,  and   for   an
24    additional  period of 6 months to afford the General Assembly
25    the opportunity (1) to determine whether such prohibition  or
26    restriction   should   be   further  extended,  modified,  or
27    permitted to  lapse,  and  (2)  if  necessary,  to  determine
28    whether  to  take  affirmative legislative action authorizing
29    such activities.
30        A  telecommunications   carrier   that   provides   video
31    programming  services,  directly  or  indirectly  through any
                            -2-                LRB9004060LDmb
 1    affiliated entity, shall not permit any revenues, profits, or
 2    retained  earnings  derived  from  the   provision   of   any
 3    telecommunications  service,  or permit any personnel, plant,
 4    or   equipment   utilized   in   the   provision    of    any
 5    telecommunications service, to be utilized in connection with
 6    the   provision   of   video  programming  services  by  such
 7    telecommunications carrier or affiliated  entity,  and  shall
 8    not  otherwise  use  assets,  revenues,  profits, or retained
 9    earnings  derived   from   telecommunications   services   to
10    subsidize  the  construction,  maintenance, or operation of a
11    cable  television  system   owned   or   operated   by   such
12    telecommunication carrier or affiliated entity.
13    (Source: P.A. 87-856.)
14        Section  99.  Effective date.  This Act takes effect upon
15    becoming law.

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