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92_HB3970 LRB9213795LBpr 1 AN ACT relating to telecommunications. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Public Utilities Act is amended by 5 changing Section 13-202 as follows: 6 (220 ILCS 5/13-202) (from Ch. 111 2/3, par. 13-202) 7 (Section scheduled to be repealed on July 1, 2005) 8 Sec. 13-202. Telecommunications carrier. 9 "Telecommunications carrier" means and includes every 10 corporation, company, association, joint stock company or 11 association, firm, partnership or individual, their lessees, 12 trustees or receivers appointed by any court whatsoever that 13 owns, controls, operates or manages, within this State, 14 directly or indirectly, for public use, any plant, equipment 15 or property used or to be used for or in connection with, or 16 owns or controls any franchise, license, permit or right to 17 engage in the provision of, telecommunications services 18 between points within the State which are specified by the 19 user. Telecommunications carrier does not include, however: 20 (a) telecommunications carriers that are owned and 21 operated by any political subdivision, public or private 22 institution of higher education or municipal corporation of 23 this State, for their own use, or telecommunications carriers 24 that are owned by such political subdivision, public or 25 private institution of higher education, or municipal 26 corporation and operated by any of its lessees or operating 27 agents, for their own use; 28 (b) telecommunications carriers which are purely mutual 29 concerns, having no rates or charges for services, but paying 30 the operating expenses by assessment upon the members of such 31 a company and no other person but does include telephone or -2- LRB9213795LBpr 1 telecommunications cooperatives as defined in Section 13-212; 2 (c) a company or person which provides 3 telecommunications services solely to itself and its 4 affiliates or members or between points in the same building, 5 or between closely located buildings, affiliated through 6 substantial common ownership, control or development; or 7 (d) a company or person engaged in the delivery of 8 community antenna television services as described in 9 subdivision (c) of Section 13-203, except with respect to the 10 provision of telecommunications services by that company or 11 person. 12 (Source: P.A. 87-856.)