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.


LRB103 37811 AWJ 67941 b

 

 

A BILL FOR

 

SB3173LRB103 37811 AWJ 67941 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by adding Section
55-1189 as follows:
 
6    (55 ILCS 5/5-1189 new)
7    Sec. 5-1189. Local broadband projects and services.
8    (a) A county may undertake local broadband projects and
9the provision of services in connection with local broadband
10projects, may lease infrastructure that it owns or controls
11relating to local broadband projects or services, may
12aggregate customers or demand for broadband services, and may
13apply for and receive funds or technical assistance to
14undertake local broadband projects to address the level of
15broadband access available to its businesses and residents.
16    (b) To the extent that it seeks to serve as a retail
17provider of telecommunications services, the county must
18obtain appropriate certification from the Illinois Commerce
19Commission as a telecommunications carrier. The certification
20of a county serving as a retail provider of telecommunication
21services is an exclusive power and function of the State. A
22home rule county may not modify the certification requirements
23of this subsection. This subsection is a denial and limitation

 

 

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1of home rule powers and functions under subsection (h) of
2Section 6 of Article VII of the Illinois Constitution.
 
3    Section 10. The Illinois Municipal Code is amended by
4adding Section 11-117-15 as follows:
 
5    (65 ILCS 5/11-117-15 new)
6    Sec. 11-117-15. Local broadband projects and services.
7    (a) A municipality may undertake local broadband projects
8and the provision of services in connection with local
9broadband projects, may lease infrastructure that it owns or
10controls relating to local broadband projects or services, may
11aggregate customers or demand for broadband services, and may
12apply for and receive funds or technical assistance to
13undertake local broadband projects to address the level of
14broadband access available to its businesses and residents.
15    (b) To the extent that it seeks to serve as a retail
16provider of telecommunications services, the municipality must
17obtain appropriate certification from the Illinois Commerce
18Commission as a telecommunications carrier. The certification
19of a municipality serving as a retail provider of
20telecommunication services is an exclusive power and function
21of the State. A home rule municipality may not modify the
22certification requirements of this subsection. This subsection
23is a denial and limitation of home rule powers and functions
24under subsection (h) of Section 6 of Article VII of the

 

 

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1Illinois Constitution.
2    (c) This Section is not subject to the other provisions of
3this Division.
 
4    Section 15. The Public Utilities Act is amended by
5changing Section 13-202 as follows:
 
6    (220 ILCS 5/13-202)  (from Ch. 111 2/3, par. 13-202)
7    (Section scheduled to be repealed on December 31, 2026)
8    Sec. 13-202. "Telecommunications carrier" means and
9includes every corporation, company, association, joint stock
10company or association, firm, partnership or individual, their
11lessees, trustees or receivers appointed by any court
12whatsoever that owns, controls, operates or manages, within
13this State, directly or indirectly, for public use, any plant,
14equipment or property used or to be used for or in connection
15with, or owns or controls any franchise, license, permit or
16right to engage in the provision of, telecommunications
17services between points within the State which are specified
18by the user. "Telecommunications carrier" includes an Electing
19Provider, as defined in Section 13-506.2. Telecommunications
20carrier does not include, however:
21        (a) except as provided in Section 5-1189 of the
22    Counties Code and Section 11-117-15 of the Illinois
23    Municipal Code, telecommunications carriers that are owned
24    and operated by any political subdivision, public or

 

 

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1    private institution of higher education or municipal
2    corporation of this State, for their own use, or
3    telecommunications carriers that are owned by such
4    political subdivision, public or private institution of
5    higher education, or municipal corporation and operated by
6    any of its lessees or operating agents, for their own use;
7        (b) telecommunications carriers which are purely
8    mutual concerns, having no rates or charges for services,
9    but paying the operating expenses by assessment upon the
10    members of such a company and no other person but does
11    include telephone or telecommunications cooperatives as
12    defined in Section 13-212;
13        (c) a company or person which provides
14    telecommunications services solely to itself and its
15    affiliates or members or between points in the same
16    building, or between closely located buildings, affiliated
17    through substantial common ownership, control or
18    development; or
19        (d) a company or person engaged in the delivery of
20    community antenna television services as described in
21    subdivision (c) of Section 13-203, except with respect to
22    the provision of telecommunications services by that
23    company or person.
24(Source: P.A. 100-20, eff. 7-1-17.)