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| [ House Amendment 001 ] |
92_HB4168
LRB9213283JStm
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 13-401 as follows:
6 (220 ILCS 5/13-401) (from Ch. 111 2/3, par. 13-401)
7 (Section scheduled to be repealed on July 1, 2005)
8 Sec. 13-401. Certificate of Service Authority.
9 (a) No telecommunications carrier not possessing a
10 certificate of public convenience and necessity or
11 certificate of authority from the Commission at the time this
12 Article goes into effect shall transact any business in this
13 State until it shall have obtained a certificate of service
14 authority from the Commission pursuant to the provisions of
15 this Article.
16 No telecommunications carrier offering or providing, or
17 seeking to offer or provide, any interexchange
18 telecommunications service shall do so until it has applied
19 for and received a Certificate of Interexchange Service
20 Authority pursuant to the provisions of Section 13-403. No
21 telecommunications carrier offering or providing, or seeking
22 to offer or provide, any local exchange telecommunications
23 service shall do so until it has applied for and received a
24 Certificate of Exchange Service Authority pursuant to the
25 provisions of Section 13-405.
26 Notwithstanding Sections 13-403, 13-404, and 13-405, the
27 Commission shall approve a cellular radio application for a
28 Certificate of Service Authority without a hearing upon a
29 showing by the cellular applicant that the Federal
30 Communications Commission has issued to it a construction
31 permit or an operating license to construct or operate a
-2- LRB9213283JStm
1 cellular radio system in the area as defined by the Federal
2 Communications Commission, or portion of the area, for which
3 the carrier seeks a Certificate of Service Authority.
4 No Certificate of Service Authority issued by the
5 Commission shall be construed as granting a monopoly or
6 exclusive privilege, immunity or franchise. The issuance of a
7 Certificate of Service Authority to any telecommunications
8 carrier shall not preclude the Commission from issuing
9 additional Certificates of Service Authority to other
10 telecommunications carriers providing the same or equivalent
11 service or serving the same geographical area or customers as
12 any previously certified carrier, except to the extent
13 otherwise provided by Sections 13-403 and 13-405.
14 Any certificate of public convenience and necessity
15 granted by the Commission to a telecommunications carrier
16 prior to the effective date of this Article shall remain in
17 full force and effect, and such carriers need not apply for a
18 Certificate of Service Authority in order to continue
19 offering or providing service to the extent authorized in
20 such certificate of public convenience and necessity. Any
21 such carrier, however, prior to substantially altering the
22 nature or scope of services provided under a certificate of
23 public convenience and necessity, or adding or expanding
24 services beyond the authority contained in such certificate,
25 must apply for a Certificate of Service Authority for such
26 alterations or additions pursuant to the provisions of this
27 Article.
28 The Commission shall review and modify the terms of any
29 certificate of public convenience and necessity issued to a
30 telecommunications carrier prior to the effective date of
31 this Article in order to ensure its conformity with the
32 requirements and policies of this Article. Any Certificate of
33 Service Authority may be altered or modified by the
34 Commission, after notice and hearing, upon its own motion or
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1 upon application of the person or company affected. Unless
2 exercised within a period of two years from the issuance
3 thereof, authority conferred by a Certificate of Service
4 Authority shall be null and void.
5 (b) The Commission may issue a temporary Certificate
6 which shall remain in force not to exceed one year in cases
7 of emergency, to assure maintenance of adequate service or to
8 serve particular customers, without notice and hearing,
9 pending the determination of an application for a
10 Certificate, and may by regulation exempt from the
11 requirements of this Section temporary acts or operations for
12 which the issuance of a certificate is not necessary in the
13 public interest and which will not be required therefor.
14 (c) Notwithstanding anything in this Article to the
15 contrary, no telecommunications carrier certified to provide
16 local exchange telecommunications services in an exchange
17 within this State shall offer retail telecommunications
18 service to a business end user unless it offers retail
19 telecommunications service to residential end users within
20 the same exchange. Telecommunications carriers certified to
21 provide local exchange telecommunications services shall
22 comply with this requirement within 6 months after the
23 effective date of this amendatory Act of the 92nd General
24 Assembly. Telecommunications carriers certified to provide
25 local exchange telecommunications services after the
26 effective date of this amendatory Act of the 92nd General
27 Assembly shall comply with this requirement within 6 months
28 after commencing service.
29 (Source: P.A. 87-856.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.