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|[ House Amendment 001 ]|
92_HB4168 LRB9213283JStm 1 AN ACT relating to telecommunications. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Public Utilities Act is amended by 5 changing Section 13-401 as follows: 6 (220 ILCS 5/13-401) (from Ch. 111 2/3, par. 13-401) 7 (Section scheduled to be repealed on July 1, 2005) 8 Sec. 13-401. Certificate of Service Authority. 9 (a) No telecommunications carrier not possessing a 10 certificate of public convenience and necessity or 11 certificate of authority from the Commission at the time this 12 Article goes into effect shall transact any business in this 13 State until it shall have obtained a certificate of service 14 authority from the Commission pursuant to the provisions of 15 this Article. 16 No telecommunications carrier offering or providing, or 17 seeking to offer or provide, any interexchange 18 telecommunications service shall do so until it has applied 19 for and received a Certificate of Interexchange Service 20 Authority pursuant to the provisions of Section 13-403. No 21 telecommunications carrier offering or providing, or seeking 22 to offer or provide, any local exchange telecommunications 23 service shall do so until it has applied for and received a 24 Certificate of Exchange Service Authority pursuant to the 25 provisions of Section 13-405. 26 Notwithstanding Sections 13-403, 13-404, and 13-405, the 27 Commission shall approve a cellular radio application for a 28 Certificate of Service Authority without a hearing upon a 29 showing by the cellular applicant that the Federal 30 Communications Commission has issued to it a construction 31 permit or an operating license to construct or operate a -2- LRB9213283JStm 1 cellular radio system in the area as defined by the Federal 2 Communications Commission, or portion of the area, for which 3 the carrier seeks a Certificate of Service Authority. 4 No Certificate of Service Authority issued by the 5 Commission shall be construed as granting a monopoly or 6 exclusive privilege, immunity or franchise. The issuance of a 7 Certificate of Service Authority to any telecommunications 8 carrier shall not preclude the Commission from issuing 9 additional Certificates of Service Authority to other 10 telecommunications carriers providing the same or equivalent 11 service or serving the same geographical area or customers as 12 any previously certified carrier, except to the extent 13 otherwise provided by Sections 13-403 and 13-405. 14 Any certificate of public convenience and necessity 15 granted by the Commission to a telecommunications carrier 16 prior to the effective date of this Article shall remain in 17 full force and effect, and such carriers need not apply for a 18 Certificate of Service Authority in order to continue 19 offering or providing service to the extent authorized in 20 such certificate of public convenience and necessity. Any 21 such carrier, however, prior to substantially altering the 22 nature or scope of services provided under a certificate of 23 public convenience and necessity, or adding or expanding 24 services beyond the authority contained in such certificate, 25 must apply for a Certificate of Service Authority for such 26 alterations or additions pursuant to the provisions of this 27 Article. 28 The Commission shall review and modify the terms of any 29 certificate of public convenience and necessity issued to a 30 telecommunications carrier prior to the effective date of 31 this Article in order to ensure its conformity with the 32 requirements and policies of this Article. Any Certificate of 33 Service Authority may be altered or modified by the 34 Commission, after notice and hearing, upon its own motion or -3- LRB9213283JStm 1 upon application of the person or company affected. Unless 2 exercised within a period of two years from the issuance 3 thereof, authority conferred by a Certificate of Service 4 Authority shall be null and void. 5 (b) The Commission may issue a temporary Certificate 6 which shall remain in force not to exceed one year in cases 7 of emergency, to assure maintenance of adequate service or to 8 serve particular customers, without notice and hearing, 9 pending the determination of an application for a 10 Certificate, and may by regulation exempt from the 11 requirements of this Section temporary acts or operations for 12 which the issuance of a certificate is not necessary in the 13 public interest and which will not be required therefor. 14 (c) Notwithstanding anything in this Article to the 15 contrary, no telecommunications carrier certified to provide 16 local exchange telecommunications services in an exchange 17 within this State shall offer retail telecommunications 18 service to a business end user unless it offers retail 19 telecommunications service to residential end users within 20 the same exchange. Telecommunications carriers certified to 21 provide local exchange telecommunications services shall 22 comply with this requirement within 6 months after the 23 effective date of this amendatory Act of the 92nd General 24 Assembly. Telecommunications carriers certified to provide 25 local exchange telecommunications services after the 26 effective date of this amendatory Act of the 92nd General 27 Assembly shall comply with this requirement within 6 months 28 after commencing service. 29 (Source: P.A. 87-856.) 30 Section 99. Effective date. This Act takes effect upon 31 becoming law.
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