093_HB0875sam001

 










                                     SRS093 00109 SDF 00109 a

 1                     AMENDMENT TO HOUSE BILL 875

 2        AMENDMENT NO.     .  Amend House Bill 875,  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Public  Utilities  Act  is  amended by
 5    adding Section 13-408 as follows:

 6        (220 ILCS 5/13-408 new)
 7        Sec. 13-408.  Rates for unbundled loops provided as  part
 8    of  an  unbundled  network  element  platform.   This Section
 9    applies to and covers certain unbundled network element rates
10    that shall be charged by incumbent  local  exchange  carriers
11    that   are   subject   to  regulation  under  an  alternative
12    regulation plan under  Section  13-506.1  of  this  Act.  The
13    General  Assembly finds and determines that it should provide
14    direction to the Illinois Commerce Commission  regarding  the
15    establishment  of  the  monthly recurring tariffed rates that
16    such incumbent local exchange  carriers  shall  charge  other
17    telecommunications  carriers  for unbundled loops provided in
18    combination with other unbundled network elements as part  of
19    a  network elements platform in order to ensure (i) that such
20    rates shall not  significantly  impair  the  incumbent  local
21    exchange  carrier's  ability  to  raise capital on reasonable
22    terms or maintain a reasonable  capital  structure  and  (ii)
 
                            -2-      SRS093 00109 SDF 00109 a
 1    that  such  incumbent  local  exchange  carriers  are able to
 2    recover the efficient,  forward-looking  costs  of  creating,
 3    operating,   and   maintaining   the  network  outside  plant
 4    infrastructure  capacity  and  switching   and   transmission
 5    network  capacity  necessary  to  permit such incumbent local
 6    exchange carriers to meet in a timely  and  adequate  fashion
 7    the obligations imposed by Section 8-101 of this Act. Nothing
 8    contained  in  this Section 13-408 shall be deemed to relieve
 9    an incumbent local exchange carrier from its burden of  proof
10    under State or federal law with respect to these rates.
11        The  Illinois Commerce Commission shall set the recurring
12    rates affected incumbent local exchange carriers receive  for
13    unbundled  loops provided in combination with other unbundled
14    network elements as part of a network  elements  platform  in
15    accordance with the requirements delineated below.
16        (a)  Cost  of  capital. The General Assembly directs that
17    the Illinois Commerce Commission, in calculating the cost  of
18    capital,  shall  employ  an evaluation that considers (i) the
19    current cost of capital, (ii) bypass of the  incumbent  local
20    exchange  carrier's  telecommunications  network,  (iii)  the
21    regulatory   risks   assumed   and  created  by  the  Federal
22    Communications Commission's unbundled network element costing
23    methodology, and (iv) the effect of increased  risks  because
24    of  wholesale customer bankruptcies and bad debt. The General
25    Assembly finds that such evaluation shall also  consider  (i)
26    the  risks  associated  with  a  forward-looking, competitive
27    telecommunications marketplace and (ii) a long-term  analysis
28    that   mitigates   the   impacts   of  transitory  short-term
29    fluctuations in the telecommunications industry. In addition,
30    the Commission shall adjust  all  existing  tariffed  monthly
31    recurring  rates  for unbundled loops provided in combination
32    with other unbundled network elements as part  of  a  network
33    elements  platform  that are currently in effect to make such
34    rates consistent with this provision.
 
                            -3-      SRS093 00109 SDF 00109 a
 1        (b)  Depreciation rates.  The  General  Assembly  further
 2    directs that the Commission shall employ, consistent with the
 3    Federal Communications Commission's unbundled network element
 4    costing    methodology,    depreciation    rates   that   are
 5    forward-looking and consider the economic lives as  reflected
 6    in  the  incumbent local exchange carrier's books of accounts
 7    as reported to the investment community under the regulations
 8    of  the  Securities  and  Exchange  Commission.  Use  of   an
 9    accelerated  depreciation  mechanism shall be required to the
10    extent  consistent  with  the  requirements  of  the  Federal
11    Communications Commission's unbundled network element costing
12    methodology  and  use  of  a  depreciation  rate   based   on
13    historical  rate-of-return  regulation  derived  lives of the
14    elements and facilities in question shall be  prohibited.  In
15    addition,  the  Commission shall adjust all existing tariffed
16    monthly recurring  rates  for  unbundled  loops  provided  in
17    combination  with other unbundled network elements as part of
18    a network elements platform that are currently in  effect  to
19    make such rates consistent with this provision.

20        Section  99.  Effective  date. This Act takes effect upon
21    becoming law.".