Sen. Martin A. Sandoval
Filed: 11/10/2004
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1 | AMENDMENT TO HOUSE BILL 872
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2 | AMENDMENT NO. ______. Amend House Bill 872 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "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7 | (Section scheduled to be repealed on July 1, 2005) | ||||||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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1 | 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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1 | 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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13 | 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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1 | 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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6 | subsection, paragraph, sentence, or phrase of this Section, but | ||||||
7 | the same shall continue in full force and effect.
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8 | Section 99. Effective date. This Act takes effect January | ||||||
9 | 1, 2005.".
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