State of Illinois
92nd General Assembly

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[ Introduced ]




 1                    AMENDMENT TO HOUSE BILL 4168

 2        AMENDMENT NO.     .  Amend House Bill 4168  by  replacing
 3    the title with the following:
 4        "AN ACT relating to telecommunications."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5.  The  Public  Utilities  Act  is  amended  by
 8    changing Section 13-401 as follows:

 9        (220 ILCS 5/13-401) (from Ch. 111 2/3, par. 13-401)
10        (Section scheduled to be repealed on July 1, 2005)
11        Sec. 13-401.  Certificate of Service Authority.
12        (a)  A  No  telecommunications  carrier  not possessing a
13    certificate  of   public   convenience   and   necessity   or
14    certificate of authority from the Commission at the time this
15    Article  goes  into effect shall not transact any business in
16    this State until it shall  have  obtained  a  certificate  of
17    service   authority  from  the  Commission  pursuant  to  the
18    provisions of this Article.
19        No telecommunications carrier offering or  providing,  or
20    seeking    to    offer    or   provide,   any   interexchange
21    telecommunications service shall do so until it  has  applied
                            -2-              LRB9213283JSpcam
 1    for  and  received  a  Certificate  of  Interexchange Service
 2    Authority pursuant to the provisions of  Section  13-403.  No
 3    telecommunications  carrier offering or providing, or seeking
 4    to offer or provide, any  local  exchange  telecommunications
 5    service  shall  do so until it has applied for and received a
 6    Certificate of Exchange Service  Authority  pursuant  to  the
 7    provisions of Section 13-405.
 8        Notwithstanding  Sections 13-403, 13-404, and 13-405, the
 9    Commission shall approve a cellular radio application  for  a
10    Certificate  of  Service  Authority  without a hearing upon a
11    showing  by  the  cellular   applicant   that   the   Federal
12    Communications  Commission  has  issued  to it a construction
13    permit or an operating license  to  construct  or  operate  a
14    cellular  radio  system in the area as defined by the Federal
15    Communications Commission, or portion of the area, for  which
16    the carrier seeks a Certificate of Service Authority.
17        No   Certificate  of  Service  Authority  issued  by  the
18    Commission shall be  construed  as  granting  a  monopoly  or
19    exclusive privilege, immunity or franchise. The issuance of a
20    Certificate  of  Service  Authority to any telecommunications
21    carrier  shall  not  preclude  the  Commission  from  issuing
22    additional  Certificates  of  Service  Authority   to   other
23    telecommunications  carriers providing the same or equivalent
24    service or serving the same geographical area or customers as
25    any  previously  certified  carrier,  except  to  the  extent
26    otherwise provided by Sections 13-403 and 13-405.
27        Any  certificate  of  public  convenience  and  necessity
28    granted by the Commission  to  a  telecommunications  carrier
29    prior  to  the effective date of this Article shall remain in
30    full force and effect, and such carriers need not apply for a
31    Certificate  of  Service  Authority  in  order  to   continue
32    offering  or  providing  service  to the extent authorized in
33    such certificate of public  convenience  and  necessity.  Any
34    such  carrier,  however,  prior to substantially altering the
                            -3-              LRB9213283JSpcam
 1    nature or scope of services provided under a  certificate  of
 2    public  convenience  and  necessity,  or  adding or expanding
 3    services beyond the authority contained in such  certificate,
 4    must  apply  for  a Certificate of Service Authority for such
 5    alterations or additions pursuant to the provisions  of  this
 6    Article.
 7        The  Commission  shall review and modify the terms of any
 8    certificate of public convenience and necessity issued  to  a
 9    telecommunications  carrier  prior  to  the effective date of
10    this Article in order  to  ensure  its  conformity  with  the
11    requirements and policies of this Article. Any Certificate of
12    Service   Authority   may  be  altered  or  modified  by  the
13    Commission, after notice and hearing, upon its own motion  or
14    upon  application  of  the person or company affected. Unless
15    exercised within a period of  two  years  from  the  issuance
16    thereof,  authority  conferred  by  a  Certificate of Service
17    Authority shall be null and void.
18        (b)  The Commission may  issue  a  temporary  Certificate
19    which  shall  remain in force not to exceed one year in cases
20    of emergency, to assure maintenance of adequate service or to
21    serve  particular  customers,  without  notice  and  hearing,
22    pending  the  determination   of   an   application   for   a
23    Certificate,   and   may   by   regulation  exempt  from  the
24    requirements of this Section temporary acts or operations for
25    which the issuance of a certificate is not necessary  in  the
26    public interest and which will not be required therefor.
27    (Source: P.A. 87-856.)".

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