(220 ILCS 5/13-301.3)
(Section scheduled to be repealed on July 1, 2013)
Digital Divide Elimination Infrastructure Program.
(a) The Digital Divide Elimination Infrastructure Fund is created as a
fund in the State treasury. All moneys in the Fund shall be used, subject to
appropriation, by the Commission to fund (i) the construction of facilities
Commission rules adopted under this Section and (ii) the accessible electronic information program, as provided in Section 20 of the Accessible Electronic Information Act. The Commission may accept private
public funds, including federal funds, for deposit into the Fund. Earnings
moneys in the Fund shall be deposited into the Fund.
(b) The Commission shall adopt rules under which it will make grants out of
funds appropriated from the Digital Divide Elimination Infrastructure Fund to
entities as specified in the rules for the construction of high-speed data
facilities in eligible areas
of the State. For purposes of determining whether an area is an eligible
area, the Commission shall consider, among other things, whether (i) in such
area, advanced telecommunications services, as defined in subsection (c) of
Section 13-517 of this Act, are under-provided to residential or small business
end users, either directly or indirectly through an Internet Service Provider,
(ii) such area has a low population density, and (iii) such area has not yet
developed a competitive market for advanced services. In addition, if an
entity seeking a grant of funds from the Digital Divide Elimination
Infrastructure Fund is an incumbent local exchange carrier having the duty to
such area, and the obligation to provide advanced services to such area
Section 13-517 of this Act, the entity shall demonstrate that it has sought
and obtained an exemption from such
pursuant to subsection (b) of Section 13-517. Any entity seeking a grant of
funds from the Digital Divide Elimination Infrastructure Fund shall demonstrate
to the Commission that the grant shall be used for the construction of
high-speed data transmission facilities in an eligible area and demonstrate
that it satisfies all other requirements of the Commission's rules. The
Commission shall determine the information that it deems necessary to award
grants pursuant to this Section.
(c) The rules of the Commission shall provide for the competitive selection
recipients of grant funds available from the Digital Divide Elimination
pursuant to the Illinois Procurement Code. Grants shall be awarded to bidders
on the basis of the criteria established in such rules.
(d) All entities awarded grant moneys under this Section shall maintain all
records required by Commission rule for the period of time specified in the
records shall be subject to audit by the Commission, by any auditor appointed
State, or by any State officer authorized to conduct audits.
(Source: P.A. 92-22, eff. 6-30-01; 93-306, eff. 7-23-03; 93-797, eff. 7-22-04