093_HB2265enr

 
HB2265 Enrolled                      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 7        (Section scheduled to be repealed on July 1, 2005)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.  A
10    telecommunications carrier may negotiate  with  customers  or
11    prospective      customers     to     provide     competitive
12    telecommunications service, and in so  doing,  may  offer  or
13    agree  to  provide  such  service  on such terms and for such
14    rates or charges as are reasonable,  without  regard  to  any
15    tariffs it may have filed with the Commission with respect to
16    such  services.  Within  30 business days after executing any
17    such agreement, the telecommunications carrier  shall  submit
18    to  the  Commission  written  notice  of  a  list of any such
19    agreements (which list may  be  filed  electronically).   The
20    notice   shall  identify  the  general  nature  of  all  such
21    agreements, the parties to  each  agreement,  and  a  general
22    description  of  differences  between  each agreement and the
23    related tariff.  A copy of each such agreement and  any  cost
24    support required to be filed with the agreement by some other
25    Section  of  this  Act  shall  be  provided to the Commission
26    within 10 business days after a request  for  review  of  the
27    agreement  is  made  by  the  Commission  or  is  made to the
28    Commission by another telecommunications  carrier.  file  any
29    contract  or memorandum of understanding for the provision of
30    telecommunications service, which shall include the rates  or
31    other  charges, practices, rules or regulations applicable to
 
HB2265 Enrolled             -2-      LRB093 07840 JLS 08029 b
 1    the agreed provision  of  such  service.   Any  cost  support
 2    required to be filed with the agreement by some other Section
 3    of  this  Act  shall  be  filed within 30 business days after
 4    executing any such agreement. Where  the  agreement  contains
 5    the  same  rates,  charges, practices, rules, and regulations
 6    found in a single contract or memorandum already filed by the
 7    telecommunications carrier with the  Commission,  instead  of
 8    filing  the  contract  or  memorandum, the telecommunications
 9    carrier may elect  to  file  a  letter  identifying  the  new
10    agreement   and  specifically  referencing  the  contract  or
11    memorandum already on file with the Commission which contains
12    the same provisions.  A single letter may  be  used  to  file
13    more  than  one  new agreement. Upon submitting notice to the
14    Commission of any  such  agreement  filing  its  contract  or
15    memorandum,  or  letter, the telecommunications carrier shall
16    thereafter provide service according to  the  terms  thereof,
17    unless  the  Commission finds, after notice and hearing, that
18    the continued provision of service pursuant to such agreement
19    contract or  memorandum  would  substantially  and  adversely
20    affect  the  financial  integrity  of  the telecommunications
21    carrier or would violate any other provision of this Act.
22        Any agreement or notice contract  or  memorandum  entered
23    into  or  and  submitted  filed pursuant to the provisions of
24    this Section may, in the Commission's discretion, be accorded
25    proprietary treatment.
26    (Source: P.A. 92-22, eff. 6-30-01.)

27        Section 99.  Effective date.  This Act takes effect  upon
28    becoming law.