HB5752 EngrossedLRB100 18622 SMS 33847 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Broadband Advisory Council Act.
6    Section 5. Legislative findings and purpose. The General
7Assembly finds as follows:
8        (1) a goal of the State of Illinois is to make
9    available to its citizens affordable, reliable, and
10    state-of-the-art Internet communications through the
11    expansion, extension, and general availability of
12    broadband services and technology, and to encourage the
13    adoption of broadband by all citizens;
14        (2) that, although broadband access has been extended
15    to many areas of the State, many rural areas remain
16    unserved and, although many neighborhoods in urban and
17    suburban areas have broadband options, some urban
18    neighborhoods remain unserved;
19        (3) that fair and equitable access to 21st century
20    technology is essential to (A) maximize the functionality
21    of educational resources and educational facilities that
22    enable our children and adults to receive the best of
23    future teaching and learning, (B) civic engagement, (C)



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1    economic development,(D) access to state-of-the-art health
2    care, (E) aging in place, (F) participation in a global
3    economy, and (G) the State's farming communities; and
4        (4) accordingly, it is the purpose of the General
5    Assembly to provide for the development of policies to
6    promote (A) extending broadband access to citizens of
7    Illinois and (B) eliminating barriers to widespread
8    adoption of broadband Internet access.
9    Section 10. Definitions. As used in this Act:
10    "Broadband" or "broadband service" means lines (or
11wireless channels) that terminate at an end-user location and
12enable the end-user to receive information from or send
13information to the Internet.
14    "Council" means the Broadband Advisory Council.
15    "Downstream data rate" means the transmission speed from
16the service provider source to the end-user.
17    "Internet protocol address" or "IP address" means a unique
18string of numbers separated by periods that identifies each
19computer using the Internet protocol to communicate over a
21    "Low-income household" means a residential household with
22annual household income at or below 135% of the poverty
23guidelines updated periodically in the Federal Register by the
24U.S. Department of Health and Human Services under the
25authority of 42 U.S.C. 9902(2).



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1    "Upstream data rate" means the transmission speed from the
2end-user to the service provider source.
3    "Unserved area" means a community that has no access to
4broadband service.
5    Section 15. Broadband Advisory Council; members of
6Council; administrative support.
7    (a) The Broadband Advisory Council is hereby established.
8The Department of Commerce and Economic Opportunity shall house
9the Council and provide administrative, personnel, and
10technical support services.
11    (b) The Council shall consist of the following 21 voting
13        (1) the Director of Commerce and Economic Opportunity
14    or his or her designee;
15        (2) the Secretary of Innovation and Technology or his
16    or her designee;
17        (3) the Director of Aging or his or her designee;
18        (4) the Attorney General or his or her designee;
19        (5) the Chairman of the Illinois Commerce Commission or
20    his or her designee;
21        (6) one member appointed by the Director of Healthcare
22    and Family Services to represent the needs of disabled
23    citizens;
24        (7) one member appointed by the Director of Commerce
25    and Economic Opportunity and nominated by the president of



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1    a statewide organization representing electric
2    cooperatives;
3        (8) one member appointed by the Director of Commerce
4    and Economic Opportunity and nominated by the executive
5    director of a statewide organization representing
6    municipalities;
7        (9) one member appointed by the Director of Commerce
8    and Economic Opportunity and nominated by the president of
9    a statewide organization representing libraries;
10        (10) one member appointed by the Director of Commerce
11    and Economic Opportunity and nominated by the president of
12    a statewide organization representing public housing
13    authorities;
14        (11) one member appointed by the Chair of the Illinois
15    Community College Board;
16        (12) one member appointed by the Chair of the Illinois
17    Board of Higher Education; and
18        (13) one member appointed by the Director of Commerce
19    and Economic Opportunity and nominated by the president of
20    the State's largest general farm organization;
21        (14) one member appointed by the Director of Aging and
22    nominated by an organization representing Illinois' senior
23    population with a membership of at least 1,500,000;
24        (15) seven members to represent broadband providers
25    for 3-year terms appointed by the Governor as follows:
26            (A) one member representing an incumbent local



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1        exchange carrier that serves rural areas;
2            (B) one member representing an incumbent local
3        exchange carrier that serves urban areas;
4            (C) one member representing wireless carriers that
5        offer broadband Internet access;
6            (D) one member representing cable companies that
7        serve Illinois;
8            (E) one member representing a statewide rural
9        broadband association;
10            (F) one member representing a telecommunications
11        carrier issued a certificate of public convenience and
12        necessity or a certificate of service authority from
13        the Illinois Commerce Commission, whose principal
14        place of business is located in east central Illinois
15        and who is engaged in providing broadband access in
16        rural areas through the installation of broadband
17        lines that connect telecommunications facilities to
18        other telecommunications facilities or to end-users;
19        and
20            (G) one member representing satellite providers.
21    (c) In addition to the 21 voting members of the Council,
22the President of the Senate, the Minority Leader of the Senate,
23the Speaker of the House of Representatives, and the Minority
24Leader of the House of Representatives shall each appoint one
25non-voting member of the Council.
26    (d) The members shall select a chair and vice chair from



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1their number. In the absence of the chair, the vice chair shall
2serve as chair. The Council shall appoint a secretary-treasurer
3who need not be a member of the Council and who, among other
4tasks or functions designated by the Council, shall keep
5records of its proceedings.
6    (e) The Council may appoint working groups to investigate
7and make recommendations to the full Council. Members of these
8working groups need not be members of the Council.
9    (f) Seven voting members of the Council constitute a
10quorum, and the affirmative vote of a simple majority of those
11members present is necessary for any action taken by vote of
12the Council.
13    (g) Members shall serve without compensation and may be
14reimbursed for reasonable expenses incurred in the performance
15of their duties from funds appropriated for that purpose.
16    Section 20. Powers and duties of the Council generally.
17    (a) The Council shall:
18        (1) explore any and all ways to expand the availability
19    to end-user customers of broadband services using
20    available technologies, including, but not limited to,
21    wireline, wireless, fixed wireless, and satellite
22    applications;
23        (2) identify barriers to broadband adoption among the
24    residents and small businesses of Illinois;
25        (3) research ways to eliminate barriers to adoption



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1    through measures such as: digital literacy programs;
2    programs to assist older citizens in using broadband
3    Internet access; programs to facilitate adoption by
4    disabled citizens; and programs to encourage collaborative
5    efforts among public universities, community colleges,
6    libraries, public housing, and other institutions;
7        (4) assess the availability of broadband for
8    low-income households compared to the availability of
9    broadband for other households;
10        (5) explore the potential for increased use of
11    broadband service for the purposes of education, career
12    readiness, workforce preparation, and alternative career
13    training;
14        (6) explore the potential for increased use of
15    broadband services to facilitate aging in place;
16        (7) explore ways for encouraging State and municipal
17    agencies, including public housing authorities, to expand
18    the use of broadband services for the purpose of better
19    serving the public, including audio and video streaming,
20    voice-over Internet protocol, teleconferencing, and
21    wireless networking;
22        (8) cooperate and assist in the expansion of electronic
23    instruction and distance education services; and
24        (9) as the Federal Communications Commission updates
25    the benchmark downstream data rates and upstream data
26    rates, publish the revised data rates in the Illinois



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1    Register within 60 days after the federal update.
2    (b) In addition to the powers set forth elsewhere in this
3Act, the Council is hereby granted the powers necessary to
4carry out the purpose and intent of this Act, as enumerated in
5this Section, including, but not limited to:
6        (1) promoting awareness of public facilities that have
7    community broadband access that can be used for distance
8    education and workforce development; and
9        (2) advising on deployment of e-government portals
10    such that all public bodies and political subdivisions have
11    websites and encourage one-stop government access and that
12    all public entities stream audio and video of all public
13    meetings.
14    (c) The Council shall also:
15        (1) monitor the broadband-based development efforts of
16    other states in areas such as business, education, aging in
17    place, and health;
18        (2)receive input provided on a voluntary basis from all
19    Illinois broadband stakeholders and advise the Governor
20    and the General Assembly on policies related to broadband
21    in Illinois, provided that no stakeholders shall be
22    required to publicly disclose competitively sensitive
23    information or information that could compromise network
24    security or undermine the efficacy of reasonable network
25    management practices, and that any such information
26    voluntarily disclosed shall be protected from public



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1    disclosure; and
2        (3) serve as the broadband advocate to State agencies
3    and other State entities to communicate the broadband needs
4    of citizens and organizations that do not have access to
5    broadband service or to broadband service adequate for
6    their needs.
7    (d) The Council shall exercise its powers and authority to
8(1) advise and make recommendations to the General Assembly and
9the Governor on bringing broadband service to unserved rural
10and urban areas, (2) advise and make recommendations to the
11General Assembly and the Governor on facilitating broadband
12adoption by all citizens, and (3) propose statutory changes
13that may enhance and expand broadband in the State.
14    (e) The Council shall report to the General Assembly on or
15before January 1 of each year. The report to the General
16Assembly shall be filed with the Clerk of the House of
17Representatives and the Secretary of the Senate in electronic
18form only, in the manner that the Clerk and the Secretary shall
19direct. The report shall include the action that was taken by
20the Council during the previous year in carrying out the
21provisions of this Act. The Council shall also make any other
22reports as may be required by the General Assembly or the