Full Text of HB0715 101st General Assembly
HB0715 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB0715 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: |
| 220 ILCS 5/13-401 | from Ch. 111 2/3, par. 13-401 |
| 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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| 1 | | AN ACT concerning regulation.
| 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 changing | 5 | | 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| 7 | | (Section scheduled to be repealed on December 31, 2020)
| 8 | | Sec. 13-401. Certificate of Service Authority.
| 9 | | (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
| 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 |
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| 1 | | Certificate of Exchange Service Authority
pursuant to the | 2 | | provisions of Section 13-405.
| 3 | | 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
| 8 | | 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.
| 12 | | 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
| 17 | | 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.
| 22 | | 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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| 1 | | 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.
| 9 | | The Commission shall review and modify the terms of any
| 10 | | certificate of public convenience and necessity issued to a
| 11 | | 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
| 17 | | period of two years from the issuance thereof, authority | 18 | | conferred by a
Certificate of Service Authority shall be null | 19 | | and void.
| 20 | | (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 | | and
may by regulation exempt from the requirements of this | 26 | | Section temporary
acts or operations for which the issuance of |
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| 1 | | a certificate is not necessary
in the public interest and which | 2 | | will not be required therefor.
| 3 | | (Source: P.A. 100-20, eff. 7-1-17.)
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