Full Text of HB0872 93rd General Assembly
HB0872sam001 93RD GENERAL ASSEMBLY
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Sen. Martin A. Sandoval
Filed: 11/10/2004
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| AMENDMENT TO HOUSE BILL 872
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| AMENDMENT NO. ______. Amend House Bill 872 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Public Utilities Act is amended by adding | 5 |
| Section 13-410 as follows: | 6 |
| (220 ILCS 5/13-410 new) | 7 |
| (Section scheduled to be repealed on July 1, 2005) | 8 |
| Sec. 13-410. Telecommunications carrier certification | 9 |
| fees. | 10 |
| (a) On and after January 1, 2005, the Commission shall | 11 |
| assess and collect application fees in amounts set forth in | 12 |
| subsection (b) from each applicant for a certificate under | 13 |
| Sections 13-401, 13-403, 13-404, 13-404.1, and 13-405 of this | 14 |
| Act. Each applicant seeking certification by the Commission | 15 |
| shall pay the required fee with the application. The Commission | 16 |
| shall deny any application if the application does not include | 17 |
| the requisite fee or fees required under this Section. | 18 |
| (b) The application fee is $1,000 for each of the following | 19 |
| types of
certificates sought by the applicant: | 20 |
| (1) a certificate of service authority under Section | 21 |
| 13-401 of this
Act; | 22 |
| (2) a certificate of interexchange service authority | 23 |
| under Section
13-403 of this Act; | 24 |
| (3) a certificate for the resale of local exchange
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| telecommunications service under Section 13-404 of this | 2 |
| Act; | 3 |
| (4) a certificate for the resale of interexchange | 4 |
| telecommunications
service under Section 13-404 of this | 5 |
| Act; | 6 |
| (5) a certificate of prepaid calling service provider | 7 |
| authority under
Section 13-404.1 of this Act; and | 8 |
| (6) a certificate of local exchange service authority | 9 |
| under Section
13-405 of this Act. | 10 |
| (c) On January 1, 2005 and on January 1 of each year | 11 |
| thereafter, the
Commission shall assess and collect an annual | 12 |
| certification fee or fees in the
amount or amounts set forth in | 13 |
| subsection (d) from each telecommunications
carrier that | 14 |
| holds, as of December 31, 2004 and December 31 of each year | 15 |
| thereafter, one or
more certificates under Sections 13-401, | 16 |
| 13-403, 13-404, 13-404.1, and 13-405 of
this Act. | 17 |
| The Commission shall revoke the certificate or | 18 |
| certificates of a telecommunications carrier that fails to pay | 19 |
| the fee or fees set forth in subsection (d). The Commission | 20 |
| shall provide, before revoking one or more certificates and at | 21 |
| least 30 days before the date set for hearing, written notice | 22 |
| that (i) notifies the
telecommunications carrier of its failure | 23 |
| to pay the required fee or fees, (ii) establishes the date, | 24 |
| time, and location of the hearing, (iii) affords the | 25 |
| telecommunications carrier an opportunity to be heard in person | 26 |
| or by counsel in reference to the telecommunications carrier's | 27 |
| failure to pay the required fee or fees, (iv) directs the | 28 |
| telecommunications carrier to pay the outstanding fee or fees | 29 |
| on or before the hearing date, and (v) informs the | 30 |
| telecommunications carrier that failure to pay the required fee | 31 |
| or fees will result in the automatic revocation of the | 32 |
| certificate or certificates held by the telecommunications | 33 |
| carrier. The Commission may serve the written notice upon the | 34 |
| telecommunications carrier by personal delivery to the |
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| telecommunications carrier or by mailing the notice by | 2 |
| certified mail to the telecommunications carrier's last known | 3 |
| place of business as specified by the telecommunications | 4 |
| carrier to the Commission. | 5 |
| (d) The annual certification fee is $500 for each of the | 6 |
| following types of
certificates held by a telecommunications | 7 |
| carrier: | 8 |
| (1) a certificate of service authority under Section | 9 |
| 13-401 of this
Act; | 10 |
| (2) a certificate of interexchange service authority | 11 |
| under Section
13-403 of this Act; | 12 |
| (3) a certificate for the resale of local exchange
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| telecommunications service under Section 13-404 of this | 14 |
| Act; | 15 |
| (4) a certificate for the resale of interexchange | 16 |
| telecommunications
service under Section 13-404 of this | 17 |
| Act; | 18 |
| (5) a certificate of prepaid calling service provider | 19 |
| authority under
Section 13-404.1 of this Act; and | 20 |
| (6) a certificate of local exchange service authority | 21 |
| under Section
13-405 of this Act. | 22 |
| (e) The Commission may establish rules and procedures to | 23 |
| implement and enforce the provisions of this Section, | 24 |
| including, but not limited to, the collection and assessment of | 25 |
| fees, pro-rated payments of the fee or fees set forth in | 26 |
| subsection (c), installment plans, and late fees. Irrespective | 27 |
| of the adoption of any rules to implement and enforce this | 28 |
| Section, the Commission shall begin collecting the fees and | 29 |
| enforcing the provisions of this Section on January 1, 2005. | 30 |
| (f) All fees collected by the Commission under this Section | 31 |
| shall be
deposited into the Public Utility Fund to advance the | 32 |
| purposes of, without
limitation, improving the quality of | 33 |
| telecommunications services and infrastructure
in Illinois, | 34 |
| expanding universal service, and protecting the rights of |
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| consumers.
Fees paid under this Section are not refundable. | 2 |
| (g) If any subsection, paragraph, sentence, or phrase of | 3 |
| this Section is declared unconstitutional, preempted, or void | 4 |
| for any reason by any court of
final jurisdiction, such fact | 5 |
| shall not in any manner invalidate or affect any other
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| subsection, paragraph, sentence, or phrase of this Section, but | 7 |
| the same shall continue in full force and effect.
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| Section 99. Effective date. This Act takes effect January | 9 |
| 1, 2005.".
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