Public Act 93-0521

SB884 Enrolled                       LRB093 10553 JLS 10807 b

    AN ACT concerning telecommunications.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Public  Utilities  Act  is  amended  by
changing  Section  13-409  as  added  by  Public  Act 93-5 as
follows:

    (220 ILCS 5/13-409)
    Sec.  13-409.  Application  of  Sec.   13-408   unbundled
network element rates.
    (a)  During  the  first  2  years following the effective
date of Section 13-408, for  the  first  35,000  voice  grade
equivalent  access  lines  used  by  an individual carrier to
provide local exchange service  to  end  users,  the  monthly
recurring  rate for the unbundled network elements associated
with those lines and leased from an incumbent local  exchange
carrier  to  which  Section 13-408 applies shall be frozen at
the levels in effect immediately prior to the effective  date
of Section 13-408.
    (b)  Thereafter,  the  monthly  recurring  rates  for all
unbundled network elements provided by  any  incumbent  local
exchange carrier to which Section 13-408 applies shall be the
rates  established  by  the Commission in accordance with the
provisions of Section 13-408.
    (c)  If, as of the effective date of Section  13-408  and
this  Section,  an individual telecommunications carrier uses
unbundled network elements leased from a  specific  incumbent
local exchange carrier to provide local exchange service over
more  than  35,000  voice grade equivalent access lines, that
carrier must designate  the  35,000  voice  grade  equivalent
access  lines  to which the provisions of subsections (a) and
(b) of this Section apply. If subsequent to such designation,
the  individual  carrier  loses  the  customer  served  by  a
designated access line, and therefore no  longer  leases  the
unbundled  network  elements  associated  with that line, the
individual carrier may not designate a different access  line
to  substitute  for  the  lost  line.  All  unbundled network
elements leased to provide service  over  undesignated  voice
grade  equivalent  access  lines shall be subject to the full
monthly recurring rates  established  by  the  Commission  in
accordance with the provisions of Section 13-408.
    (d)  If,  as  of  the  effective date of this Section, an
individual carrier uses  unbundled  network  elements  leased
from  a  specific  local  exchange  carrier  to provide local
exchange  service  over  fewer  than   35,000   voice   grade
equivalent  access  lines,  that  carrier  must designate the
access lines to which the provisions of subsections  (a)  and
(b) of this Section apply. If subsequent to such designation,
the  individual  carrier  loses  the  customer  served  by  a
designated  access  line,  and therefore no longer leases the
unbundled network elements associated  with  that  line,  the
individual  carrier may not designate a different access line
to  substitute  for  the  lost   line.   Subject   to   these
limitations,   subsequent  to  the  effective  date  of  this
Section, such a carrier may designate additional voice  grade
equivalent  access lines to which it wishes the provisions of
subsections (a) and (b) of this Section to apply,  until  the
total  designated  lines  equal  35,000.  If  a  subsequently
designated line is lost, the carrier will not be permitted to
designate  a different line to substitute for that lost line.
All unbundled network elements leased to provide service over
undesignated voice grade equivalent  access  lines  shall  be
subject  to  the  full monthly recurring rates established by
the Commission in accordance with the provisions  of  Section
13-408.
    (e)  For purposes of this Section, in determining when an
individual  telecommunications  carrier  has  reached  35,000
voice  grade equivalent access lines, a specific carrier, any
affiliate of that carrier, any carrier serving as a sales  or
marketing  agent  for that carrier, and any carrier with whom
that carrier has a cooperative sales or marketing arrangement
all shall be treated as a single individual carrier.
    (f)  (Blank). Notwithstanding  any  other  provisions  of
this  Section,  access  lines  provided  to  payphone service
providers  are  not  eligible  for  the  freeze  or  discount
provided for in subsections (a)  and  (b)  of  this  Section.
Accordingly,  the provisions of subsections (a) and (b) shall
not apply to unbundled network elements that  are  leased  by
individual   telecommunications  carriers  to  provide  local
exchange service to payphone service providers.
(Source: P.A. 93-5, eff. 5-09-03.)

    Section 99. Effective date. This Act  takes  effect  upon
becoming law.