093_SB0884

 
                                     LRB093 10553 JLS 10807 b

 1        AN ACT concerning 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 13-509 as follows:

 6        (220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)
 7        (Section scheduled to be repealed on July 1, 2005)
 8        Sec. 13-509.  Agreements for  provisions  of  competitive
 9    telecommunications services differing from tariffs. Except as
10    provided in this Section, nothing in this Article prohibits a
11    telecommunications  carrier from filing a tariff that permits
12    the telecommunications carrier to enter  into  an  individual
13    agreement  with an individual customer to provide competitive
14    telecommunications services A telecommunications carrier  may
15    negotiate  with customers or prospective customers to provide
16    competitive telecommunications service, and in so doing,  may
17    offer  or agree to provide such service on such terms and for
18    such rates or charges as are reasonable,  without  regard  to
19    any  tariffs  it  may  have  filed  with  the Commission with
20    respect to such  services.  Within  30  business  days  after
21    executing  any such agreement, the telecommunications carrier
22    shall submit to the Commission written notice of the  general
23    nature  of the agreement and the parties to the agreement.  A
24    copy of the agreement and  relative  cost  support  shall  be
25    available  upon  request by the Commission. file any contract
26    or  memorandum  of  understanding  for   the   provision   of
27    telecommunications  service, which shall include the rates or
28    other charges, practices, rules or regulations applicable  to
29    the  agreed  provision  of  such  service.   Any cost support
30    required to be filed with the agreement by some other Section
31    of this Act shall be filed  within  30  business  days  after
 
                            -2-      LRB093 10553 JLS 10807 b
 1    executing  any  such agreement.  Where the agreement contains
 2    the same rates, charges, practices,  rules,  and  regulations
 3    found in a single contract or memorandum already filed by the
 4    telecommunications  carrier  with  the Commission, instead of
 5    filing the contract  or  memorandum,  the  telecommunications
 6    carrier  may  elect  to  file  a  letter  identifying the new
 7    agreement  and  specifically  referencing  the  contract   or
 8    memorandum already on file with the Commission which contains
 9    the  same  provisions.   A  single letter may be used to file
10    more than one new agreement. Upon submitting notice of filing
11    an its agreement  contract  or  memorandum,  or  letter,  the
12    telecommunications  carrier  shall thereafter provide service
13    according to the terms thereof, unless the Commission  finds,
14    after  notice  and  hearing,  that the continued provision of
15    service pursuant to such  agreement  contract  or  memorandum
16    would   substantially  and  adversely  affect  the  financial
17    integrity of the telecommunications carrier or would  violate
18    any other provision of this Act.
19        Any  agreement  contract  or  memorandum entered into and
20    submitted filed pursuant to the provisions  of  this  Section
21    may,  in the Commission's discretion, be accorded proprietary
22    treatment.
23    (Source: P.A. 92-22, eff. 6-30-01.)

24        Section 99.  Effective date.  This Act takes effect  upon
25    becoming law.