SB3173 103RD GENERAL ASSEMBLY

LRB103 37811 AWJ 67941 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3173

Introduced 2/6/2024, by Sen. Donald P. DeWitte

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-1189 new
65 ILCS 5/11-117-15 new
220 ILCS 5/13-202	from Ch. 111 2/3, par. 13-202

Amends the Counties Code and the Illinois Municipal Code. Provides that a county or municipality may undertake local broadband projects and the provision of services in connection with local broadband projects, may lease infrastructure that it owns or controls relating to local broadband projects or services, may aggregate customers or demand for broadband services, and may apply for and receive funds or technical assistance to undertake local broadband projects to address the level of broadband access available to its businesses and residents. Provides that, to the extent that it seeks to serve as a retail provider of telecommunications services, the county or municipality must obtain appropriate certification from the Illinois Commerce Commission as a telecommunications carrier. Provides that certification of a county or municipality serving as a retail provider of telecommunication services is an exclusive power and function of the State. Amends the Public Utilities Act to make a conforming change.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by adding Section 5-1189 as follows:

(55 ILCS 5/5-1189 new)

Sec. 5-1189. Local broadband projects and services.

(a) A county may undertake local broadband projects and the provision of services in connection with local broadband projects, may lease infrastructure that it owns or controls relating to local broadband projects or services, may aggregate customers or demand for broadband services, and may apply for and receive funds or technical assistance to undertake local broadband projects to address the level of broadband access available to its businesses and residents.

(b) To the extent that it seeks to serve as a retail provider of telecommunications services, the county must obtain appropriate certification from the Illinois Commerce Commission as a telecommunications carrier. The certification of a county serving as a retail provider of telecommunication services is an exclusive power and function of the State. A home rule county may not modify the certification requirements of this subsection. This subsection is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

Section 10. The Illinois Municipal Code is amended by adding Section 11-117-15 as follows:

(65 ILCS 5/11-117-15 new)

Sec. 11-117-15. Local broadband projects and services.

(a) A municipality may undertake local broadband projects and the provision of services in connection with local broadband projects, may lease infrastructure that it owns or controls relating to local broadband projects or services, may aggregate customers or demand for broadband services, and may apply for and receive funds or technical assistance to undertake local broadband projects to address the level of broadband access available to its businesses and residents.

(b) To the extent that it seeks to serve as a retail provider of telecommunications services, the municipality must obtain appropriate certification from the Illinois Commerce Commission as a telecommunications carrier. The certification of a municipality serving as a retail provider of telecommunication services is an exclusive power and function of the State. A home rule municipality may not modify the certification requirements of this subsection. This subsection is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(c) This Section is not subject to the other provisions of this Division.

Section 15. The Public Utilities Act is amended by changing Section 13-202 as follows:

(220 ILCS 5/13-202) (from Ch. 111 2/3, par. 13-202)

(Section scheduled to be repealed on December 31, 2026)

Sec. 13-202. "Telecommunications carrier" means and includes every corporation, company, association, joint stock company or association, firm, partnership or individual, their lessees, trustees or receivers appointed by any court whatsoever that owns, controls, operates or manages, within this State, directly or indirectly, for public use, any plant, equipment or property used or to be used for or in connection with, or owns or controls any franchise, license, permit or right to engage in the provision of, telecommunications services between points within the State which are specified by the user. "Telecommunications carrier" includes an Electing Provider, as defined in Section 13-506.2. Telecommunications carrier does not include, however:

(a) except as provided in Section 5-1189 of the Counties Code and Section 11-117-15 of the Illinois Municipal Code, telecommunications carriers that are owned and operated by any political subdivision, public or private institution of higher education or municipal corporation of this State, for their own use, or telecommunications carriers that are owned by such political subdivision, public or private institution of higher education, or municipal corporation and operated by any of its lessees or operating agents, for their own use;

(b) telecommunications carriers which are purely mutual concerns, having no rates or charges for services, but paying the operating expenses by assessment upon the members of such a company and no other person but does include telephone or telecommunications cooperatives as defined in Section 13-212;

(c) a company or person which provides telecommunications services solely to itself and its affiliates or members or between points in the same building, or between closely located buildings, affiliated through substantial common ownership, control or development; or

(d) a company or person engaged in the delivery of community antenna television services as described in subdivision (c) of Section 13-203, except with respect to the provision of telecommunications services by that company or person.

(Source: P.A. 100-20, eff. 7-1-17.)