HB1595 94TH GENERAL ASSEMBLY

LRB094 10087 MKM 40347 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1595

Introduced 02/16/05, by Rep. Gary Hannig

SYNOPSIS AS INTRODUCED:

220 ILCS 5/13-516.5 new

Amends the Telecommunications Article of the Public Utilities Act. Provides that all agreements regarding the placement, construction, modification, or operation of personal wireless service facilities are subject to the jurisdiction of the Illinois Commerce Commission and requires each telecommunications carrier entering into such an agreement to file a copy of the agreement with the Commission. Authorizes the Commission to revoke the agreement if the telecommunications carrier fails to place, construct, modify, or make operational the personal wireless service facility within a reasonable time. Authorizes the Commission to promulgate rules. Preempts home rule.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

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 adding Section 13-516.5 as follows:

(220 ILCS 5/13-516.5 new)

Sec. 13-516.5. Personal wireless service facilities. Any agreement regarding the placement, construction, modification, or operation of personal wireless service facilities between a telecommunications carrier and the State, a unit of local government, a school district, or a private party is subject to the jurisdiction of the Commission. Each telecommunications carrier that enters into such an agreement must file a copy of the agreement with the Commission. The Commission may revoke the agreement within a reasonable time if the telecommunications carrier fails to place, construct, modify, or make operational the personal wireless service facilities within a reasonable time, as determined by the Commission by rule. The Commission shall promulgate rules to implement and enforce this Section and to establish reasonable times for the filing of the agreement with the Commission and for the revocation of the agreement under this Section. No unit of local government, including a home rule unit, may regulate the placement, construction, modification, or operation of personal wireless service facilities in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercise by the State.