90th General Assembly
Summary of HB1147
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House Sponsors:
JONES,SHIRLEY-KUBIK-TURNER,ART-JONES,LOU-HOWARD.

Senate Sponsors:
O'MALLEY-JONES

Short description: 
PHONE LOCAL COMPETITION                                                    

Synopsis of Bill as introduced:
        Amends the telecommunications Article  of  the  Public  Utilities      
   Act.   Makes  legislative  findings that changes in telecommunications      
   regulatory policy have brought benefits to consumers except  those  in      
   local exchange markets, which remain organized as monopolies, and that      
   the  public  interest  requires a change in the monopoly regulation of      
   local exchange telecommunications.  Provides that for a service to  be      
   classified  as  competitive,  the service or a substitute service must      
   actually be supplied by more than one provider.  Requires the Illinois      
   Commerce Commission to enforce interconnection agreements entered into      
   pursuant to the federal Telecommunications Act of  1996.   Establishes      
   penalties  for  violations  of interconnection agreements.  Amends the      
   Illinois Antitrust Act to remove  the  exemption  from  that  Act  for      
   telecommunications   carriers.    Changes  the  sunset  date  for  the      
   Telecommunications  Article  to  July  1,  2001  from  July  1,  1999.      
   Effective immediately.                                                      
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          220 ILCS 5/13-103                                                    
          220 ILCS 5/13-203                                                    
          220 ILCS 5/13-210                                                    
          220 ILCS 5/13-216 new                                                
          220 ILCS 5/13-217 new                                                
          220 ILCS 5/13-405                                                    
          220 ILCS 5/13-502                                                    
          220 ILCS 5/13-511 new                                                
          220 ILCS 5/13-512 new                                                
          220 ILCS 5/13-513 new                                                
          220 ILCS 5/13-514 new                                                
          220 ILCS 5/13-515 new                                                
          220 ILCS 5/13-516 new                                                
          220 ILCS 5/13-517 new                                                
          220 ILCS 5/13-803                                                    
          740 ILCS 10/5                                                        
        Replaces everything after the enacting clause.  Amends the Public      
   Utilities Act.  Adds a caption to  a  Section  concerning  legislative      
   findings.                                                                   
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          220 ILCS 5/13-102                                                    
          Adds reference to:                                                   
          New Act                                                              
          35 ILCS 610/2a.1 rep.                                                
          30 ILCS 115/12                  from Ch. 85, par. 616                
          220 ILCS 5/13-511 new                                                
          220 ILCS 5/13-704               from Ch. 111 2/3, par. 13-704        
          220 ILCS 65/4                   from Ch. 134, par. 20                
        Deletes everything.   Creates  the  Telecommunications  Municipal      
   Infrastructure Maintenance Fee Act. Imposes a personal property re-         
   placement tax on telecommunications retailers in the amount of 0.5% of      
   all gross charges charged to  an  address  on  the  telecommunications      
   originating  or received in this State. Allows the governing body of a      
   municipality  to  impose  an   infrastructure   maintenance   fee   on      
   telecommunications  retailers  by ordinance or resolution in an amount      
   not to exceed (1) in a municipality with a  population  of  more  than      
   500,000,  2%  of  all  gross  charges  to  service  addresses  in  the      
   municipality and (2) in a municipality with a population of 500,000 or      
   less,   1%   of   all  gross  charges  to  service  addresses  in  the      
   municipality. Premepts home rule. Amends the State Revenue Sharing Act      
   to require all amounts realized from the personal property tax              
   replacement  fee  imposed  by  the  Telecommunications  Infrastructure      
   Maintenance Fee  Act  to  be  deposited  into  the  Personal  Property      
   Replacement  Fund.   Amends  the  Public  Utilities Act to require the      
   Commission to order any  rate  adjustments  that  are  necessary,  for      
   telecommunications  carriers  that are regulated by the Commission, to      
   ensure that the implementation  of  the  Telecommunications  Municipal      
   Infrastructure  Maintenance  Fee Act has no significant  impact on the      
   net income of the telecommunications carriers.  Amends  the  Telephone      
   Company Act to provide that every telecommunications carrier may enter      
   upon,  take,  or  damage  private  property in conformity with certain      
   provisions.  Provides that the lines  may  be  constructed  along  any      
   highway, street, alley, public right-of-way dedicated or commonly used      
   for  utility  purposes,  or  water  (now  highways,  water,  or public      
   ground).   Requires  additional  notice  by   the   telecommunications      
   retailer  to the highway commissioners in the case of new construction      
   in a public highway, street, alley, right-of-way dedicated or commonly      
   used for utility purposes, or water.  Makes other changes.                  
        SENATE AMENDMENT NO. 2.                                                
        Makes technical changes.  Changes  references  in  the  Municipal      
   Telecommunications  Infrastructure  Maintenance  Fee Act from "unit of      
   local  government"  to  "municipality".  Deletes  current   provisions      
   concerning  franchise agreements in existence on the effective date of      
   the  Act and  provides  instead  that  a  municipality  that  receives      
   compensation  from a telecommunications retailer for use of the public      
   way under a franchise agreement in existence on the effective date  of      
   the   Act may impose a municipal infrastructure maintenance fee if the      
   municipality (1) waives its right to receive all  fees,  charges,  and      
   other compensation under all existing franchise agreements or the like      
   with   telecommunications   retailers   during   the   time  that  the      
   municipality imposes a municipal infrastructure  maintenance  fee  and      
   (2)   imposes  by  ordinance  (or  other  proper  means)  a  municipal      
   infrastructure maintenance fee that becomes effective no  sooner  than      
   90  days  after  the  municipality  has  provided  written  notice  by      
   certified  mail  to  each  telecommunications  retailer  with whom the      
   municipality  has  an   existing   franchise   agreement,   that   the      
   municipality  waives  all  compensation  under such existing franchise      
   agreement. Changes  references  in  the  Telephone  Company  Act  from      
   "public right-of-way" to "right-of-way".                                    
        SENATE AMENDMENT NO. 3.                                                
        Deletes provision stating that  the  plans,  specifications,  and      
   documentation  be  reasonably required by the municipal authorities or      
   highway commissioners in their applicable standards. Provides  instead      
   that a telecommunications retailer provide "plans, specifications, and      
   documentation available".                                                   
 
Last action on Bill: PUBLIC ACT.............................. 90-0154

   Last action date: 97-07-23

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   3


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