State of Illinois
92nd General Assembly

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[ House Amendment 001 ]



 1        AN ACT relating to 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 13-401 as follows:

 6        (220 ILCS 5/13-401) (from Ch. 111 2/3, par. 13-401)
 7        (Section scheduled to be repealed on July 1, 2005)
 8        Sec. 13-401.  Certificate of Service Authority.
 9        (a)  No  telecommunications  carrier  not  possessing   a
10    certificate   of   public   convenience   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
19    for and  received  a  Certificate  of  Interexchange  Service
20    Authority  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
24    Certificate  of  Exchange  Service  Authority pursuant to the
25    provisions of Section 13-405.
26        Notwithstanding Sections 13-403, 13-404, and 13-405,  the
27    Commission  shall  approve a cellular radio application for a
28    Certificate of Service Authority without  a  hearing  upon  a
29    showing   by   the   cellular   applicant  that  the  Federal
30    Communications Commission has issued  to  it  a  construction
31    permit  or  an  operating  license  to construct or operate a
                            -2-                LRB9213283JStm
 1    cellular radio system in the area as defined by  the  Federal
 2    Communications  Commission, or portion of the area, for which
 3    the carrier seeks a Certificate of Service Authority.
 4        No  Certificate  of  Service  Authority  issued  by   the
 5    Commission  shall  be  construed  as  granting  a monopoly or
 6    exclusive privilege, immunity or franchise. The issuance of a
 7    Certificate of Service Authority  to  any  telecommunications
 8    carrier  shall  not  preclude  the  Commission  from  issuing
 9    additional   Certificates   of  Service  Authority  to  other
10    telecommunications carriers providing the same or  equivalent
11    service or serving the same geographical area or customers as
12    any  previously  certified  carrier,  except  to  the  extent
13    otherwise provided by Sections 13-403 and 13-405.
14        Any  certificate  of  public  convenience  and  necessity
15    granted  by  the  Commission  to a telecommunications carrier
16    prior to the effective date of this Article shall  remain  in
17    full force and effect, and such carriers need not apply for a
18    Certificate   of  Service  Authority  in  order  to  continue
19    offering or providing service to  the  extent  authorized  in
20    such  certificate  of  public  convenience and necessity. Any
21    such carrier, however, prior to  substantially  altering  the
22    nature  or  scope of services provided under a certificate of
23    public convenience and  necessity,  or  adding  or  expanding
24    services  beyond the authority contained in such certificate,
25    must apply for a Certificate of Service  Authority  for  such
26    alterations  or  additions pursuant to the provisions of this
27    Article.
28        The Commission shall review and modify the terms  of  any
29    certificate  of  public convenience and necessity issued to a
30    telecommunications carrier prior to  the  effective  date  of
31    this  Article  in  order  to  ensure  its conformity with the
32    requirements and policies of this Article. Any Certificate of
33    Service  Authority  may  be  altered  or  modified   by   the
34    Commission,  after notice and hearing, upon its own motion or
                            -3-                LRB9213283JStm
 1    upon application of the person or  company  affected.  Unless
 2    exercised  within  a  period  of  two years from the issuance
 3    thereof, authority conferred  by  a  Certificate  of  Service
 4    Authority shall be null and void.
 5        (b)  The  Commission  may  issue  a temporary Certificate
 6    which shall remain in force not to exceed one year  in  cases
 7    of emergency, to assure maintenance of adequate service or to
 8    serve  particular  customers,  without  notice  and  hearing,
 9    pending   the   determination   of   an   application  for  a
10    Certificate,  and  may  by   regulation   exempt   from   the
11    requirements of this Section temporary acts or operations for
12    which  the  issuance of a certificate is not necessary in the
13    public interest and which will not be required therefor.
14        (c)  Notwithstanding anything  in  this  Article  to  the
15    contrary,  no telecommunications carrier certified to provide
16    local exchange telecommunications  services  in  an  exchange
17    within  this  State  shall  offer  retail  telecommunications
18    service  to  a  business  end  user  unless  it offers retail
19    telecommunications service to residential  end  users  within
20    the  same  exchange. Telecommunications carriers certified to
21    provide  local  exchange  telecommunications  services  shall
22    comply with  this  requirement  within  6  months  after  the
23    effective  date  of  this  amendatory Act of the 92nd General
24    Assembly. Telecommunications carriers  certified  to  provide
25    local   exchange   telecommunications   services   after  the
26    effective date of this amendatory Act  of  the  92nd  General
27    Assembly  shall  comply with this requirement within 6 months
28    after commencing service.
29    (Source: P.A. 87-856.)

30        Section 99.  Effective date.  This Act takes effect  upon
31    becoming law.

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