093_HB2265
LRB093 07840 JLS 08029 b
1 AN ACT concerning 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 13-509 as follows:
6 (220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)
7 (Section scheduled to be repealed on July 1, 2005)
8 Sec. 13-509. Agreements for provisions of competitive
9 telecommunications services differing from tariffs. Except as
10 provided in this Section, nothing in this Article prohibits a
11 telecommunications carrier from filing a tariff that permits
12 the telecommunications carrier to enter into an individual
13 agreement with an individual customer to provide competitive
14 telecommunications services A telecommunications carrier may
15 negotiate with customers or prospective customers to provide
16 competitive telecommunications service, and in so doing, may
17 offer or agree to provide such service on such terms and for
18 such rates or charges as are reasonable, without regard to
19 any tariffs it may have filed with the Commission with
20 respect to such services. Within 30 business days after
21 executing any such agreement, the telecommunications carrier
22 shall submit to the Commission written notice of the general
23 nature of the agreement and the parties to the agreement. A
24 copy of the agreement and relative cost support shall be
25 available upon request by the Commission. file any contract
26 or memorandum of understanding for the provision of
27 telecommunications service, which shall include the rates or
28 other charges, practices, rules or regulations applicable to
29 the agreed provision of such service. Any cost support
30 required to be filed with the agreement by some other Section
31 of this Act shall be filed within 30 business days after
-2- LRB093 07840 JLS 08029 b
1 executing any such agreement. Where the agreement contains
2 the same rates, charges, practices, rules, and regulations
3 found in a single contract or memorandum already filed by the
4 telecommunications carrier with the Commission, instead of
5 filing the contract or memorandum, the telecommunications
6 carrier may elect to file a letter identifying the new
7 agreement and specifically referencing the contract or
8 memorandum already on file with the Commission which contains
9 the same provisions. A single letter may be used to file
10 more than one new agreement. Upon submitting notice of filing
11 an its agreement contract or memorandum, or letter, the
12 telecommunications carrier shall thereafter provide service
13 according to the terms thereof, unless the Commission finds,
14 after notice and hearing, that the continued provision of
15 service pursuant to such agreement contract or memorandum
16 would substantially and adversely affect the financial
17 integrity of the telecommunications carrier or would violate
18 any other provision of this Act.
19 Any agreement contract or memorandum entered into and
20 submitted filed pursuant to the provisions of this Section
21 may, in the Commission's discretion, be accorded proprietary
22 treatment.
23 (Source: P.A. 92-22, eff. 6-30-01.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.