093_HB1938eng

 
HB1938 Engrossed                     LRB093 05235 LRD 05298 b

 1        AN ACT relating to telecommunications.

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

 4        Section  5.  The  Public  Utilities  Act  is  amended  by
 5    changing 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 7        (Section scheduled to be repealed on July 1, 2005)
 8        Sec.         13-202.  Telecommunications         carrier.
 9    "Telecommunications  carrier"  means   and   includes   every
10    corporation,  company,  association,  joint  stock company or
11    association, firm, partnership or individual, their  lessees,
12    trustees  or receivers appointed by any court whatsoever that
13    owns, controls,  operates  or  manages,  within  this  State,
14    directly  or indirectly, for public use, any plant, equipment
15    or property used or to be used for or in connection with,  or
16    owns  or  controls any franchise, license, permit or right to
17    engage  in  the  provision  of,  telecommunications  services
18    between points within the State which are  specified  by  the
19    user.  Telecommunications carrier does not include, however:
20        (a)  telecommunications   carriers  that  are  owned  and
21    operated by any  political  subdivision,  public  or  private
22    institution  of  higher education or municipal corporation of
23    this State, for their own use, or telecommunications carriers
24    that are owned  by  such  political  subdivision,  public  or
25    private   institution   of  higher  education,  or  municipal
26    corporation and operated by any of its lessees  or  operating
27    agents, for their own use;
28        (b)  telecommunications  carriers which are purely mutual
29    concerns, having no rates or charges for services, but paying
30    the operating expenses by assessment upon the members of such
31    a company and no other person but does include  telephone  or
 
HB1938 Engrossed            -2-      LRB093 05235 LRD 05298 b
 1    telecommunications cooperatives as defined in Section 13-212;
 2        (c)  a     company     or     person    which    provides
 3    telecommunications  services  solely  to   itself   and   its
 4    affiliates or members or between points in the same building,
 5    or  between  closely  located  buildings,  affiliated through
 6    substantial common ownership, control or development; or
 7        (d)  a company or  person  engaged  in  the  delivery  of
 8    community   antenna   television  services  as  described  in
 9    subdivision (c) of Section 13-203, except with respect to the
10    provision of telecommunications services by that  company  or
11    person.
12    (Source: P.A. 87-856.)