HB0872sam001 93RD GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 11/10/2004

09300HB0872sam001 LRB093 05682 AMC 53927 a

AMENDMENT TO HOUSE BILL 872

AMENDMENT NO. ______. Amend House Bill 872 by replacing everything after the enacting clause with the following:

"Section 5. The Public Utilities Act is amended by adding Section 13-410 as follows:

(220 ILCS 5/13-410 new)

(Section scheduled to be repealed on July 1, 2005)

Sec. 13-410. Telecommunications carrier certification fees.

(a) On and after January 1, 2005, the Commission shall assess and collect application fees in amounts set forth in subsection (b) from each applicant for a certificate under Sections 13-401, 13-403, 13-404, 13-404.1, and 13-405 of this Act. Each applicant seeking certification by the Commission shall pay the required fee with the application. The Commission shall deny any application if the application does not include the requisite fee or fees required under this Section.

(b) The application fee is $1,000 for each of the following types of certificates sought by the applicant:

(1) a certificate of service authority under Section 13-401 of this Act;

(2) a certificate of interexchange service authority under Section 13-403 of this Act;

(3) a certificate for the resale of local exchange telecommunications service under Section 13-404 of this Act;

(4) a certificate for the resale of interexchange telecommunications service under Section 13-404 of this Act;

(5) a certificate of prepaid calling service provider authority under Section 13-404.1 of this Act; and

(6) a certificate of local exchange service authority under Section 13-405 of this Act.

(c) On January 1, 2005 and on January 1 of each year thereafter, the Commission shall assess and collect an annual certification fee or fees in the amount or amounts set forth in subsection (d) from each telecommunications carrier that holds, as of December 31, 2004 and December 31 of each year thereafter, one or more certificates under Sections 13-401, 13-403, 13-404, 13-404.1, and 13-405 of this Act.

The Commission shall revoke the certificate or certificates of a telecommunications carrier that fails to pay the fee or fees set forth in subsection (d). The Commission shall provide, before revoking one or more certificates and at least 30 days before the date set for hearing, written notice that (i) notifies the telecommunications carrier of its failure to pay the required fee or fees, (ii) establishes the date, time, and location of the hearing, (iii) affords the telecommunications carrier an opportunity to be heard in person or by counsel in reference to the telecommunications carrier's failure to pay the required fee or fees, (iv) directs the telecommunications carrier to pay the outstanding fee or fees on or before the hearing date, and (v) informs the telecommunications carrier that failure to pay the required fee or fees will result in the automatic revocation of the certificate or certificates held by the telecommunications carrier. The Commission may serve the written notice upon the telecommunications carrier by personal delivery to the telecommunications carrier or by mailing the notice by certified mail to the telecommunications carrier's last known place of business as specified by the telecommunications carrier to the Commission.

(d) The annual certification fee is $500 for each of the following types of certificates held by a telecommunications carrier:

(1) a certificate of service authority under Section 13-401 of this Act;

(2) a certificate of interexchange service authority under Section 13-403 of this Act;

(3) a certificate for the resale of local exchange telecommunications service under Section 13-404 of this Act;

(4) a certificate for the resale of interexchange telecommunications service under Section 13-404 of this Act;

(5) a certificate of prepaid calling service provider authority under Section 13-404.1 of this Act; and

(6) a certificate of local exchange service authority under Section 13-405 of this Act.

(e) The Commission may establish rules and procedures to implement and enforce the provisions of this Section, including, but not limited to, the collection and assessment of fees, pro-rated payments of the fee or fees set forth in subsection (c), installment plans, and late fees. Irrespective of the adoption of any rules to implement and enforce this Section, the Commission shall begin collecting the fees and enforcing the provisions of this Section on January 1, 2005.

(f) All fees collected by the Commission under this Section shall be deposited into the Public Utility Fund to advance the purposes of, without limitation, improving the quality of telecommunications services and infrastructure in Illinois, expanding universal service, and protecting the rights of consumers. Fees paid under this Section are not refundable.

(g) If any subsection, paragraph, sentence, or phrase of this Section is declared unconstitutional, preempted, or void for any reason by any court of final jurisdiction, such fact shall not in any manner invalidate or affect any other subsection, paragraph, sentence, or phrase of this Section, but the same shall continue in full force and effect.

Section 99. Effective date. This Act takes effect January 1, 2005.".