Full Text of SB0467 94th General Assembly
SB0467 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0467
Introduced 2/16/2005, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
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Amends the Telecommunications Article of the Public Utilities Act. Provides terms and conditions for a crossing of railroad right-of-way. Allows the Illinois Commerce Commission to adopt rules prescribing additional terms and conditions to ensure that any crossing be consistent with the public convenience and necessity and reasonable service to the public. Provides that telecommunications carriers that locate their facilities within the railroad right-of-way for a crossing shall pay the railroad a one-time standard crossing fee of $750 for each crossing. Provides special circumstances under which the standard crossing fee is not imposed. Provides that, pending Commission resolution of a claim of special circumstances raised in a petition, a telecommunications carrier may, upon securing the payment of any damages and upon submission of completed engineering specifications to the railroad, proceed with a crossing in accordance with the rules adopted by the Commission, unless the Commission, upon application for emergency relief, determines that there is a reasonable likelihood that the proposed crossing either (i) involves a significant and imminent likelihood of danger to the public health or safety or (ii) is a serious threat to the safe operations of the railroad or to the current use of the railroad right-of-way.
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A BILL FOR
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SB0467 |
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LRB094 09486 MKM 39737 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 adding | 5 |
| Section 13-714 as follows: | 6 |
| (220 ILCS 5/13-714 new) | 7 |
| Sec. 13-714. Crossing of railroad right-of-way.
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| (a) As used in this Section, unless the context otherwise
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| requires: | 10 |
| "Crossing" means the construction, operation, repair, or | 11 |
| maintenance of a
facility over, under, or across a railroad | 12 |
| right-of-way by a telecommunications carrier. | 13 |
| "Direct expenses" includes, but is not limited to, any or | 14 |
| all of the
following: | 15 |
| (1) The cost of inspecting and monitoring the crossing | 16 |
| site. | 17 |
| (2) Administrative and engineering costs for review of | 18 |
| specifications and
for
entering a crossing on the | 19 |
| railroad's books, maps, and property records and
other
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| reasonable administrative and engineering costs incurred | 21 |
| as a result of the
crossing. | 22 |
| (3) Document and preparation fees associated with a | 23 |
| crossing, and any
engineering specifications related to | 24 |
| the crossing. | 25 |
| (4) Damages assessed in connection with the rights | 26 |
| granted to a telecommunications carrier with respect to a | 27 |
| crossing. | 28 |
| "Facility" means any cable, conduit, wire, pipe, casing | 29 |
| pipe, supporting
poles
and guys, manhole, or other material or | 30 |
| equipment, that is used by a telecommunications carrier to
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| furnish communications services. | 32 |
| "Railroad" or "railroad corporation" means a railroad |
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SB0467 |
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LRB094 09486 MKM 39737 b |
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| corporation that is the
owner, operator, occupant, manager, or | 2 |
| agent of a railroad right-of-way or the
railroad
corporation's | 3 |
| successor in interest.
"Railroad" and "railroad corporation" | 4 |
| includes an
interurban railway. | 5 |
| "Railroad right-of-way" means one or more of the following: | 6 |
| (1) A right-of-way or other interest in real estate | 7 |
| that is owned or
operated
by a railroad corporation, the | 8 |
| trustees of a railroad corporation, or the
successor in
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| interest of a railroad corporation. | 10 |
| (2) A right-of-way or other interest in real estate | 11 |
| that is occupied or
managed by or on behalf of a railroad | 12 |
| corporation, the trustees of a railroad
corporation, or the | 13 |
| successor in interest of a railroad corporation, including
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| an
abandoned railroad right-of-way that has not otherwise | 15 |
| reverted. | 16 |
| (3) Any other interest in a former railroad | 17 |
| right-of-way that has been
acquired or is operated by a | 18 |
| land management company or similar entity. | 19 |
| "Special circumstances" means either or both of the | 20 |
| following: | 21 |
| (1) The existence of characteristics of a segment of | 22 |
| railroad right-of-way
or of a proposed utility facility | 23 |
| that increases the direct expenses associated
with a
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| proposed crossing. | 25 |
| (2) A proposed crossing that involves a significant and | 26 |
| imminent
likelihood of danger to the public health or | 27 |
| safety or that is a serious
threat to the
safe operations | 28 |
| of the railroad or to the current use of the railroad
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| right-of-way,
necessitating additional terms and | 30 |
| conditions associated with the crossing. | 31 |
| (b) Notification by a telecommunications carrier to a | 32 |
| railroad required prior to the commencement of any crossing
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| activity shall not exceed 30 days.
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| (c) The railroad and the telecommunications carrier must | 35 |
| maintain and
repair its own property within the railroad | 36 |
| right-of-way and
bear responsibility for its own acts and |
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LRB094 09486 MKM 39737 b |
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| omissions, except that
the telecommunications carrier shall be | 2 |
| responsible for any bodily injury
or property damage that | 3 |
| typically would be covered under a
standard railroad protective | 4 |
| liability insurance policy. | 5 |
| (d) A telecommunications carrier shall have immediate | 6 |
| access to a
crossing for repair and maintenance of existing | 7 |
| facilities in
case of emergency. | 8 |
| (e) Applicable engineering standards shall be complied
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| with for facilities crossing railroad rights-of-way. | 10 |
| (f) The telecommunications carrier shall be provided an | 11 |
| expedited
crossing, absent a claim of special circumstances, | 12 |
| after
payment by the telecommunications carrier of the standard | 13 |
| crossing fee, if
applicable, and submission of completed | 14 |
| engineering
specifications to the railroad. | 15 |
| (g) The telecommunications carrier and the railroad may | 16 |
| agree to other
terms and conditions necessary to provide for | 17 |
| reasonable use of
a railroad right-of-way by a | 18 |
| telecommunications carrier. | 19 |
| (h) The Commission may adopt rules prescribing terms and
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| conditions in addition to those contained in this Section for a
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| crossing to ensure that any crossing be consistent with the
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| public convenience and necessity and reasonable service to the
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| public.
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| (i) Unless otherwise agreed by the
parties and subject to | 25 |
| subsection (j), a telecommunications carrier that
locates its | 26 |
| facilities within the railroad right-of-way for a
crossing, | 27 |
| other than a crossing along the public roads of the
State | 28 |
| pursuant to the Telephone Line Right of Way Act, shall
pay the | 29 |
| railroad a one-time standard crossing fee of $750 for
each | 30 |
| crossing plus the costs associated with modifications to
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| existing insurance contracts of the telecommunications carrier | 32 |
| and the
railroad. The standard crossing fee shall be in lieu of | 33 |
| any
license or any other fees or charges to reimburse the | 34 |
| railroad
for the direct expenses incurred by the railroad as a | 35 |
| result of
the crossing. The telecommunications carrier shall | 36 |
| also reimburse the
railroad for any actual flagging expenses |
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LRB094 09486 MKM 39737 b |
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| associated with a
crossing in addition to the standard crossing | 2 |
| fee.
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| (j) Notwithstanding subsections (b) through (h), rules | 4 |
| adopted by the
Commission shall not prevent a railroad and a | 5 |
| telecommunications carrier
from otherwise negotiating the | 6 |
| terms and conditions applicable
to a crossing or the resolution | 7 |
| of any disputes relating to the
crossing. | 8 |
| (k) Notwithstanding subsection (j), This Section shall not
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| impair the authority of a telecommunications carrier to secure | 10 |
| crossing
rights by easement pursuant to the exercise of the | 11 |
| power of
eminent domain.
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| (l) A railroad or telecommunications carrier that believes | 13 |
| special
circumstances exist for a particular crossing may | 14 |
| petition the
Commission for relief. If a petition for relief is | 15 |
| filed, the
Commission shall determine whether special | 16 |
| circumstances exist
that necessitate either a modification of | 17 |
| the direct expenses
to be paid or the need for additional terms | 18 |
| and conditions. The
Commission may make any necessary findings | 19 |
| of fact and
determinations related to the existence of special
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| circumstances, as well as any relief to be granted. A
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| determination of the Commission, except for a determination on
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| the issue of damages for the rights granted to a | 23 |
| telecommunications carrier
with respect to a crossing, shall be | 24 |
| considered final agency
action subject to judicial review under | 25 |
| the Administrative
Review Law. The Commission shall assess the | 26 |
| costs associated
with a petition for relief equitably against | 27 |
| the parties.
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| (m) A railroad or telecommunications carrier that claims to | 29 |
| be
aggrieved by a determination of the Commission on the issue | 30 |
| of
damages for the rights granted to a telecommunications | 31 |
| carrier with respect
to a crossing may seek judicial review as | 32 |
| provided in the
Administrative Review Law.
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| (n) Pending
Commission resolution of a claim of special | 34 |
| circumstances
raised in a petition, a telecommunications | 35 |
| carrier may, upon securing the
payment of any damages and upon | 36 |
| submission of completed
engineering specifications to the |
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LRB094 09486 MKM 39737 b |
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| railroad, proceed with a
crossing in accordance with the rules | 2 |
| adopted by the
Commission, unless the Commission, upon | 3 |
| application for
emergency relief, determines that there is a | 4 |
| reasonable
likelihood that either of the following conditions | 5 |
| exist: | 6 |
| (1) That the proposed crossing involves a significant
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| and imminent likelihood of danger to the public health or
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| safety. | 9 |
| (2) That the proposed crossing is a serious threat to
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| the safe operations of the railroad or to the current use
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| of the railroad right-of-way. | 12 |
| If the Commission determines that there is a reasonable
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| likelihood that the proposed crossing meets either condition,
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| then the Commission shall immediately intervene to prevent the
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| crossing until a factual determination is made.
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| (o) Notwithstanding any
provision law to the contrary, this | 17 |
| Act shall apply in all
crossings of railroad rights-of-way | 18 |
| involving a telecommunications carrier
and shall govern in the | 19 |
| event of any conflict with any other
provision of law.
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| (p) This Section applies to (i) a
crossing commenced prior | 21 |
| to the effective date of this Section if
an agreement | 22 |
| concerning the crossing has expired or is
terminated and (ii) a | 23 |
| crossing commenced on or after the
effective date of this | 24 |
| Section.
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