House Sponsors: JONES,SHIRLEY-KUBIK-TURNER,ART-JONES,LOU-HOWARD. Senate Sponsors: O'MALLEY-JONES Short description: PHONE LOCAL COMPETITION Synopsis of Bill as introduced: Amends the telecommunications Article of the Public Utilities Act. Makes legislative findings that changes in telecommunications regulatory policy have brought benefits to consumers except those in local exchange markets, which remain organized as monopolies, and that the public interest requires a change in the monopoly regulation of local exchange telecommunications. Provides that for a service to be classified as competitive, the service or a substitute service must actually be supplied by more than one provider. Requires the Illinois Commerce Commission to enforce interconnection agreements entered into pursuant to the federal Telecommunications Act of 1996. Establishes penalties for violations of interconnection agreements. Amends the Illinois Antitrust Act to remove the exemption from that Act for telecommunications carriers. Changes the sunset date for the Telecommunications Article to July 1, 2001 from July 1, 1999. Effective immediately. HOUSE AMENDMENT NO. 1. Deletes reference to: 220 ILCS 5/13-103 220 ILCS 5/13-203 220 ILCS 5/13-210 220 ILCS 5/13-216 new 220 ILCS 5/13-217 new 220 ILCS 5/13-405 220 ILCS 5/13-502 220 ILCS 5/13-511 new 220 ILCS 5/13-512 new 220 ILCS 5/13-513 new 220 ILCS 5/13-514 new 220 ILCS 5/13-515 new 220 ILCS 5/13-516 new 220 ILCS 5/13-517 new 220 ILCS 5/13-803 740 ILCS 10/5 Replaces everything after the enacting clause. Amends the Public Utilities Act. Adds a caption to a Section concerning legislative findings. SENATE AMENDMENT NO. 1. Deletes reference to: 220 ILCS 5/13-102 Adds reference to: New Act 35 ILCS 610/2a.1 rep. 30 ILCS 115/12 from Ch. 85, par. 616 220 ILCS 5/13-511 new 220 ILCS 5/13-704 from Ch. 111 2/3, par. 13-704 220 ILCS 65/4 from Ch. 134, par. 20 Deletes everything. Creates the Telecommunications Municipal Infrastructure Maintenance Fee Act. Imposes a personal property re- placement tax on telecommunications retailers in the amount of 0.5% of all gross charges charged to an address on the telecommunications originating or received in this State. Allows the governing body of a municipality to impose an infrastructure maintenance fee on telecommunications retailers by ordinance or resolution in an amount not to exceed (1) in a municipality with a population of more than 500,000, 2% of all gross charges to service addresses in the municipality and (2) in a municipality with a population of 500,000 or less, 1% of all gross charges to service addresses in the municipality. Premepts home rule. Amends the State Revenue Sharing Act to require all amounts realized from the personal property tax replacement fee imposed by the Telecommunications Infrastructure Maintenance Fee Act to be deposited into the Personal Property Replacement Fund. Amends the Public Utilities Act to require the Commission to order any rate adjustments that are necessary, for telecommunications carriers that are regulated by the Commission, to ensure that the implementation of the Telecommunications Municipal Infrastructure Maintenance Fee Act has no significant impact on the net income of the telecommunications carriers. Amends the Telephone Company Act to provide that every telecommunications carrier may enter upon, take, or damage private property in conformity with certain provisions. Provides that the lines may be constructed along any highway, street, alley, public right-of-way dedicated or commonly used for utility purposes, or water (now highways, water, or public ground). Requires additional notice by the telecommunications retailer to the highway commissioners in the case of new construction in a public highway, street, alley, right-of-way dedicated or commonly used for utility purposes, or water. Makes other changes. SENATE AMENDMENT NO. 2. Makes technical changes. Changes references in the Municipal Telecommunications Infrastructure Maintenance Fee Act from "unit of local government" to "municipality". Deletes current provisions concerning franchise agreements in existence on the effective date of the Act and provides instead that a municipality that receives compensation from a telecommunications retailer for use of the public way under a franchise agreement in existence on the effective date of the Act may impose a municipal infrastructure maintenance fee if the municipality (1) waives its right to receive all fees, charges, and other compensation under all existing franchise agreements or the like with telecommunications retailers during the time that the municipality imposes a municipal infrastructure maintenance fee and (2) imposes by ordinance (or other proper means) a municipal infrastructure maintenance fee that becomes effective no sooner than 90 days after the municipality has provided written notice by certified mail to each telecommunications retailer with whom the municipality has an existing franchise agreement, that the municipality waives all compensation under such existing franchise agreement. Changes references in the Telephone Company Act from "public right-of-way" to "right-of-way". SENATE AMENDMENT NO. 3. Deletes provision stating that the plans, specifications, and documentation be reasonably required by the municipal authorities or highway commissioners in their applicable standards. Provides instead that a telecommunications retailer provide "plans, specifications, and documentation available". Last action on Bill: PUBLIC ACT.............................. 90-0154 Last action date: 97-07-23 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 3 END OF INQUIRY Full Text Bill Status