Full Text of HB2072 95th General Assembly
HB2072 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB2072
Introduced 2/26/2007, by Rep. Michael J. Madigan - Barbara Flynn Currie - Annazette Collins SYNOPSIS AS INTRODUCED: |
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220 ILCS 5/13-401 |
from Ch. 111 2/3, par. 13-401 |
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Amends the Telecommunications Article of the Public Utilities Act. Makes a technical change in a Section concerning a certificate of service authority.
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A BILL FOR
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HB2072 |
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LRB095 01544 MJR 21546 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Public Utilities Act is amended by changing | 5 |
| Section 13-401 as follows:
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| (220 ILCS 5/13-401) (from Ch. 111 2/3, par. 13-401)
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| (Section scheduled to be repealed on July 1, 2007)
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| Sec. 13-401. Certificate of Service Authority.
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| (a) No telecommunications carrier not possessing a | 10 |
| certificate of public
convenience and
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 for | 19 |
| and received a Certificate of Interexchange Service
Authority | 20 |
| pursuant to the provisions of Section 13-403. No
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| 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 |
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HB2072 |
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LRB095 01544 MJR 21546 b |
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| Certificate of Exchange Service Authority
pursuant to the | 2 |
| provisions of Section 13-405.
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| Notwithstanding Sections 13-403, 13-404, and 13-405, the | 4 |
| Commission
shall approve a cellular radio application for a | 5 |
| Certificate of Service
Authority without a hearing upon a | 6 |
| showing by the cellular applicant that
the Federal | 7 |
| Communications Commission has issued to it a construction
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| permit or an operating license to construct or operate a | 9 |
| cellular radio
system in the area as defined by the Federal | 10 |
| Communications Commission, or
portion of the area, for which | 11 |
| the carrier seeks a Certificate of Service
Authority.
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| No Certificate of Service Authority issued by the | 13 |
| Commission shall be
construed as granting a monopoly or | 14 |
| exclusive privilege, immunity or
franchise. The issuance of a | 15 |
| Certificate of Service Authority to any
telecommunications | 16 |
| carrier shall not preclude the Commission from issuing
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| additional Certificates of Service Authority to other | 18 |
| telecommunications
carriers providing the same or equivalent | 19 |
| service or serving the same
geographical area or customers as | 20 |
| any previously certified carrier, except
to the extent | 21 |
| otherwise provided by Sections 13-403 and 13-405.
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| Any certificate of public convenience and necessity | 23 |
| granted by the
Commission to a telecommunications carrier prior | 24 |
| to the effective date of
this Article shall remain in full | 25 |
| force and effect, and such carriers need
not apply for a | 26 |
| Certificate of Service Authority in order to continue
offering |
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HB2072 |
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LRB095 01544 MJR 21546 b |
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| or providing service to the extent authorized in such | 2 |
| certificate
of public convenience and necessity. Any such | 3 |
| carrier, however, prior to
substantially altering the nature or | 4 |
| scope of services provided under a
certificate of public | 5 |
| convenience and necessity, or adding or expanding
services | 6 |
| beyond the authority contained in such certificate, must apply | 7 |
| for
a Certificate of Service Authority for such alterations or | 8 |
| additions
pursuant to the provisions of this Article.
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| The Commission shall review and modify the terms of any
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| certificate of public convenience and necessity issued to a
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| telecommunications carrier prior to the effective date of this | 12 |
| Article in
order to ensure its conformity with the requirements | 13 |
| and policies of this
Article. Any Certificate of Service | 14 |
| Authority may be altered or modified by
the Commission, after | 15 |
| notice and hearing, upon its own motion or upon
application of | 16 |
| the person or company affected. Unless exercised within a
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| period of two years from the issuance thereof, authority | 18 |
| conferred by a
Certificate of Service Authority shall be null | 19 |
| and void.
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| (b) The Commission may issue a temporary Certificate which | 21 |
| shall remain
in force not to exceed one year in cases of | 22 |
| emergency, to assure maintenance
of adequate service or to | 23 |
| serve particular customers, without notice and
hearing, | 24 |
| pending the determination of an application for a Certificate, | 25 |
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may by regulation exempt from the requirements of this | 26 |
| Section temporary
acts or operations for which the issuance of |
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LRB095 01544 MJR 21546 b |
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| a certificate is not necessary
in the public interest and which | 2 |
| will not be required therefor.
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| (Source: P.A. 87-856 .)
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