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| Department shall deliver to the Governor and General Assembly a |
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| plan for ensuring high speed data transmission services on all |
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| passenger rail systems in Illinois at fair and reasonable |
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| prices no later than December 31, 2007. The plan shall include |
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| recommendations for acquiring necessary rights of way, |
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| installation of necessary infrastructure, operation of high |
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| speed data transmission services, and funding sources. |
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| ARTICLE 10. |
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| Section 10-1. Short title. This Article may be cited as the |
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| High Speed Internet Services and Information Technology Law. |
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| Section 10-5. Findings. With respect to high speed Internet |
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| services and information technology, the General Assembly |
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| finds the following: |
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| (1) The deployment and adoption of high speed Internet |
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| services and information technology has resulted in |
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| enhanced economic development and public safety for the |
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| State's communities, improved health care and educational |
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| opportunities, and a better quality of life for the State's |
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| residents. |
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| (2) Continued progress in the deployment and adoption |
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| of high speed Internet services and information technology |
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| is vital to ensuring that this State remains competitive |
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| and continues to create business and job growth. |
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| (3) The State must encourage and support the |
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| partnership of the public and private sectors in the |
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| continued growth of high speed Internet and Information |
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| technology for the State's residents and businesses. |
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| (4) Local governmental entities play a role in
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| assessing the needs of their communities with respect to |
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| high speed Internet services and information technology. |
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| Section 10-10. Definitions. In this Article: |
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| "Nonprofit organization" means an organization that (i) is |
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| a nonprofit organization as described in Section 501(c)(3) of |
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| the federal Internal Revenue Code of 1986 and exempt from tax |
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| under Section 501(a) of that Code; (ii) has no part of the net |
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| earnings of which inures to the benefit of any member, founder, |
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| contributor, or individual; and (iii) is organized under, |
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| subject to, and has all the powers and duties of a |
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| not-for-profit corporation under the General Not For Profit |
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| Corporation Act of 1986. |
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| Section 10-15. Connect IL. |
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| (a) Notwithstanding any other statute, the Lieutenant |
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| Governor, with the advice of the Broadband Deployment Council, |
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| shall authorize the creation of a nonprofit corporation called |
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| Connect IL to implement a comprehensive, statewide high speed |
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| Internet deployment strategy and demand creation initiative |
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| with the purpose of: |
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09500SB0678ham002 |
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LRB095 08411 MJR 37245 a |
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| (1) ensuring that all State residents and businesses |
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| have access to affordable and reliable high speed Internet |
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| service; |
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| (2) achieving improved technology literacy, increased |
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| computer ownership, and home high speed Internet use among |
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| State residents and businesses; |
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| (3) establishing and empowering local technology |
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| planning teams in each county to plan for improved |
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| technology use across multiple community sectors; and |
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| (4) establishing and sustaining an environment ripe |
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| for high speed Internet access and technology investment |
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| statewide. |
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| (b) Connect IL's governing board shall be appointed by the |
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| Lieutenant Governor, with the advice of the Broadband |
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| Deployment Council, and shall not exceed 11 members, with a |
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| maximum of 6 representing the private sector and a maximum of 5 |
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| representing the government and nonprofit sectors. Four of the |
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| private sector members shall be from the largest incumbent |
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| local exchange carriers, one shall be from the cable television |
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| industry, and one shall be from the Internet Service Provider |
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| (ISP) industry. Members representing the public sector shall |
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| include one member from a public Illinois university, one |
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| member that represents Community Technology Centers, one |
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| member from the Department of Commerce and Economic |
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| Opportunity, one member from the Lieutenant Governor's office, |
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| and one member from the Department of Central Management. The |
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| board shall select its chairperson to serve a 2-year term. |
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| (c) In lieu of, or in addition to creating a nonprofit, the |
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| Lieutenant Governor, with the Broadband Deployment Council's |
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| advice, shall enlist an existing nonprofit organization that |
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| has an established competency and proven record of working with |
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| public and private sectors to accomplish wide-scale deployment |
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| and adoption of broadband and information technology. |
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| Section 10-20. Duties of Connect IL. |
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| (a) The high speed Internet deployment strategy and demand |
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| creation initiative to be performed by the nonprofit |
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| organization shall include, but not be limited to, the |
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| following actions: |
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| (1) Create a geographic statewide inventory of high |
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| speed Internet service and other relevant broadband and |
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| information technology services. The inventory shall: |
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| (A) identify geographic gaps in high speed |
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| Internet service through a method of GIS mapping of |
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| service availability and GIS analysis at the census |
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| block level; and |
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| (B) provide a baseline assessment of statewide |
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| high speed Internet deployment in terms of percentage |
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| of Illinois households with high speed Internet |
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| availability. |
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| (2) Track and identify, through customer interviews |
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| and surveys and other publicly available sources, |
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| statewide residential and business adoption of high speed |
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| Internet, computers, and related information technology |
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| and any barriers to adoption. |
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| (3) Build and facilitate in each county or designated |
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| region a local technology planning team with members |
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| representing a cross section of the community, including, |
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| but not limited to, representatives of business, K-12 |
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| education, health care, libraries, higher education, |
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| community-based organizations, local government, tourism, |
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| parks and recreation, and agriculture. Each team shall |
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| benchmark technology use across relevant community |
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| sectors, set goals for improved technology use within each |
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| sector, and develop a plan for achieving its goals, with |
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| specific recommendations for online application |
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| development and demand creation. |
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| (4) Collaborate with high speed Internet providers and |
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| technology companies to encourage deployment and use, |
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| especially in underserved areas, by aggregating local |
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| demand, mapping analysis, and creating market intelligence |
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| to improve the business case for providers to deploy. |
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| (5) Establish a program to increase computer ownership |
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| and Internet access for disenfranchised populations across |
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| the State. |
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| (b) The nonprofit organization may apply for federal grants |
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| consistent with the objectives of this Article. |
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| (c) The Lieutenant Governor shall use the funds in the High |
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| Speed Internet Services and Information Technology Fund to |
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| provide grants to the nonprofit organization created or |
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| enlisted under this Article. |
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| (d) The nonprofit organization shall have the power to |
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| obtain or to raise funds other than the grants receive from the |
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| Lieutenant Governor under this Article. |
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| (e) The nonprofit organization and its Board of Directors |
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| shall exist separately and independently from the Office of the |
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| Lieutenant Governor and any other governmental entity, but |
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| shall cooperate with the Office of the Lieutenant Governor, the |
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| Broadband Deployment Council, and other public or private |
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| entities it deems appropriate in carrying out its duties. |
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| (f) Notwithstanding anything in this Article or any other |
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| Act to the contrary, any information that is designated |
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| confidential or proprietary by an entity providing the |
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| information to the nonprofit organization or any other entity |
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| to accomplish the objectives of this Article shall be deemed |
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| confidential, proprietary, and a trade secret and treated by |
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| the nonprofit organization, Connect IL's governing board, or |
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| anyone else possessing the information as such and shall not be |
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| disclosed. |
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| Section 10-25. Scope of authority. Nothing in this Article |
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| shall be construed as giving the Lieutenant Governor, the |
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| Broadband Deployment Council, the nonprofit organization, or |
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| other entities any additional authority, regulatory or |
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| otherwise, over providers of telecommunications, broadband, |
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| and information technology.
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| Section 10-30. High Speed Internet Services and |
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| Information Technology Fund. |
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| (a) There is created in the State treasury a special fund |
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| to be known as the High Speed Internet Services and Information |
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| Technology Fund, to be used, subject to appropriation, by the |
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| Lieutenant Governor for purposes of providing grants to the |
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| nonprofit organization enlisted under this Article. |
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| (b) On the effective date of this Article, all moneys in |
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| the Digital Divide Elimination Infrastructure Fund which have |
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| not already been distributed or ordered distributed by the |
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| Illinois Commerce Commission shall be transferred to the High |
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| Speed Internet Services and Information Technology Fund. |
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| Nothing contained in this subsection (b) shall affect the |
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| validity of grants issued under this Article before June 30, |
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| 2007. |
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| Section 10-35. Local broadband projects. Any municipality |
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| or county may undertake local broadband projects and the |
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| provision of services in connection therewith; may lease |
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| infrastructure that it owns or controls; may aggregate |
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| customers or demand for broadband services; may apply for and |
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| receive funds or technical assistance to undertake such |
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| projects to address the level of broadband access available to |
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| its businesses and residents. To the extent that it seeks to |
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| serve as a retail provider of telecommunications services, the |
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| municipality or county shall be required to obtain appropriate |
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| certification from the Illinois Commerce Commission as a |
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| telecommunications carrier. |
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| Section 10-80. The State Finance Act is amended by adding |
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| Section 5.675 as follows: |
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| (30 ILCS 105/5.675 new) |
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| Sec. 5.675. The High Speed Internet Services and |
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| Information Technology Fund. |
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| Section 10-90. The Public Utilities Act is amended by |
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| changing Sections 13-505.4, 13-701, and 13-1200 as follows:
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| (220 ILCS 5/13-505.4) (from Ch. 111 2/3, par. 13-505.4)
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| (Section scheduled to be repealed on July 1, 2007)
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| Sec. 13-505.4. Provision of noncompetitive services.
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| (a) A telecommunications carrier that offers or provides a
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| noncompetitive service, service element, feature, or |
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| functionality on a
separate, stand-alone basis to any customer |
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| shall provide that service,
service element, feature, or |
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| functionality pursuant to tariff to all
persons, including all |
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| telecommunications carriers and competitors, in
accordance |
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| with the provisions of this Article.
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| (b) A telecommunications carrier that offers or provides a
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| noncompetitive service, service element, feature, or |
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| functionality to any
customer as part of an offering of |
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| competitive services pursuant to tariff
or contract shall |
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| publicly disclose the offering or provisioning of the
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| noncompetitive service, service element, feature, or |
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| functionality by
filing with the Commission information that |
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| generally describes the
offering or provisioning and that shows |
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| the rates, terms, and conditions of
the noncompetitive service, |
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| service element, feature, or functionality.
The information |
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| shall be filed with the Commission concurrently with the
filing |
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| of the tariff or not more than 10 days following the customer's
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| acceptance of the offering in a contract. |
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| (c) A telecommunications carrier that is not subject to |
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| regulation under an alternative regulation plan pursuant to |
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| Section 13-506.1 of this Act may reduce the rate or charge for |
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| a noncompetitive service, service element, feature, or |
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| functionality offered to customers on a separate, stand-alone |
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| basis or as part of a bundled service offering by filing with |
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| the Commission a tariff that shows the reduced rate or charge |
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| and all applicable terms and conditions of the noncompetitive |
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| service, service element, feature, or functionality or bundled |
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| offering. The reduction of rates or charges shall be permitted |
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| upon the filing of the proposed rate, charge, classification, |
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| tariff, or bundled offering. The total price of a bundled |
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| offering shall not attribute any portion of the charge to |
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| services subject to the jurisdiction of the Commission and |
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| shall not be binding on the Commission in any proceeding under |
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| Article IX of this Act to set the revenue requirement or to set |
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| just and reasonable rates for services subject to the |
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| jurisdiction of the Commission. Prices for bundles shall not be |
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| subject to Section 13-505.1 of this Act. For purposes of this |
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| subsection (c), a bundle is a group of services offered |
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| together for a fixed price where at least one of the services |
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| is an interLATA service as that term is defined in 47 U.S.C. |
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| 153(21), a cable service or a video service, a community |
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| antenna television service, a satellite broadcast service, a |
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| public mobile service as defined in Section 13-214 of this Act, |
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| or an advanced telecommunications service as "advanced |
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| telecommunications services" is defined in Section 13-517 of |
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| this Act.
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| (Source: P.A. 87-856 .)
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| (220 ILCS 5/13-701) (from Ch. 111 2/3, par. 13-701)
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| (Section scheduled to be repealed on July 1, 2007)
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| Sec. 13-701. (a) Notwithstanding any other provision of |
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| this Act to the
contrary, the Commission has no power to |
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| supervise or control any telephone
cooperative as respects |
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| assessment schedules or local service rates made or
charged by |
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| such a cooperative on a nondiscriminatory basis. In addition,
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| the Commission has no power to inquire into, or require the |
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| submission of,
the terms, conditions or agreements by or under |
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| which telephone
cooperatives are financed. A telephone |
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| cooperative shall file with the
Commission either a copy of the |
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| annual financial report required by the
Rural Electrification |
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| Administration, or the annual financial report
required of |
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| other public utilities. |
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| Sections 13-712 and 13-713 of this Act do not apply to |
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| telephone cooperatives.
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| (Source: P.A. 84-1063 .)
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| (220 ILCS 5/13-1200)
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| (Section scheduled to be repealed on July 1, 2007)
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| Sec. 13-1200. Repealer. This Article is repealed July 1, |
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| 2009
2007 .
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| (Source: P.A. 94-76, eff. 6-24-05.)
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| ARTICLE 99.
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| Section 99-999. Effective date. This Act takes effect upon |
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| becoming law.".
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