093_HB2823

 
                                     LRB093 10962 JLS 11551 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 adding
 5    Section 13-306 as follows:

 6        (220 ILCS 5/13-306 new)
 7        (Section scheduled to be repealed on July 1, 2005)
 8        Sec. 13-306.  Broadband services.
 9        (a)  The Commission shall not, by entering  or  enforcing
10    any  order,  adopting  or  enforcing  any  rule, or otherwise
11    taking or enforcing any agency action, impose or enforce  any
12    regulation  upon  a  provider  of  high speed internet access
13    service  or  broadband  service  in  its  provision  of  that
14    service, or upon the facilities used to provide that service,
15    unless the order,  rule,  agency  action,  or  regulation  is
16    imposed  equally  and  uniformly  upon  all providers of high
17    speed  internet  access   service   or   broadband   service,
18    regardless  of  technology  or  medium  used  to provide that
19    service.
20        (b)  For purposes of this Section, "high  speed  internet
21    access  service"  or "broadband service" means those services
22    and  underlying  facilities  that  provide   upstream,   from
23    customer   to  provider,  or  downstream,  from  provider  to
24    customer, transmission to or from the Internet  or  have  the
25    capability  to transmit information in excess of 150 kilobits
26    per second, regardless of  the  technology  or  medium  used,
27    including,  but  not limited to, wireless, copper wire, fiber
28    optic cable, or coaxial cable, to provide that service.
29        (c)  A local exchange carrier subject to  the  provisions
30    of  47  U.S.C.  Section  251(c)  shall be required to provide
31    unbundled access  to  network  elements  including,  but  not
 
                            -2-      LRB093 10962 JLS 11551 b
 1    limited to, loops, subloops, and collocation space within the
 2    facilities  of  the  incumbent local exchange carrier, to the
 3    extent specifically  required  under  Federal  Communications
 4    Commission regulations.

 5        Section  99.  Effective  date. This Act takes effect upon
 6    becoming law.