Illinois Compiled Statutes
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220 ILCS 5/13-401
(220 ILCS 5/13-401)
(from Ch. 111 2/3, par. 13-401)
(Section scheduled to be repealed on July 1, 2017)
Certificate of Service Authority.
(a) No telecommunications carrier not possessing a certificate of public
convenience and necessity or certificate of authority from the Commission
at the time this Article goes into effect shall transact any business in
this State until it shall have obtained a certificate of service authority
from the Commission pursuant to the provisions of this Article.
No telecommunications carrier offering or providing, or seeking to offer
or provide, any interexchange telecommunications service shall do so until
it has applied for and received a Certificate of Interexchange Service
Authority pursuant to the provisions of Section 13-403. No
telecommunications carrier offering or providing, or seeking to offer or
provide, any local exchange telecommunications service shall do so until it
has applied for and received a Certificate of Exchange Service Authority
pursuant to the provisions of Section 13-405.
Notwithstanding Sections 13-403, 13-404, and 13-405, the Commission
shall approve a cellular radio application for a Certificate of Service
Authority without a hearing upon a showing by the cellular applicant that
the Federal Communications Commission has issued to it a construction
permit or an operating license to construct or operate a cellular radio
system in the area as defined by the Federal Communications Commission, or
portion of the area, for which the carrier seeks a Certificate of Service
No Certificate of Service Authority issued by the Commission shall be
construed as granting a monopoly or exclusive privilege, immunity or
franchise. The issuance of a Certificate of Service Authority to any
telecommunications carrier shall not preclude the Commission from issuing
additional Certificates of Service Authority to other telecommunications
carriers providing the same or equivalent service or serving the same
geographical area or customers as any previously certified carrier, except
to the extent otherwise provided by Sections 13-403 and 13-405.
Any certificate of public convenience and necessity granted by the
Commission to a telecommunications carrier prior to the effective date of
this Article shall remain in full force and effect, and such carriers need
not apply for a Certificate of Service Authority in order to continue
offering or providing service to the extent authorized in such certificate
of public convenience and necessity. Any such carrier, however, prior to
substantially altering the nature or scope of services provided under a
certificate of public convenience and necessity, or adding or expanding
services beyond the authority contained in such certificate, must apply for
a Certificate of Service Authority for such alterations or additions
pursuant to the provisions of this Article.
The Commission shall review and modify the terms of any
certificate of public convenience and necessity issued to a
telecommunications carrier prior to the effective date of this Article in
order to ensure its conformity with the requirements and policies of this
Article. Any Certificate of Service Authority may be altered or modified by
the Commission, after notice and hearing, upon its own motion or upon
application of the person or company affected. Unless exercised within a
period of two years from the issuance thereof, authority conferred by a
Certificate of Service Authority shall be null and void.
(b) The Commission may issue a temporary Certificate which shall remain
in force not to exceed one year in cases of emergency, to assure maintenance
of adequate service or to serve particular customers, without notice and
hearing, pending the determination of an application for a Certificate, and
may by regulation exempt from the requirements of this Section temporary
acts or operations for which the issuance of a certificate is not necessary
in the public interest and which will not be required therefor.
(Source: P.A. 87-856