093_HB2265ham001

 










                                     LRB093 07840 JLS 12448 a

 1                    AMENDMENT TO HOUSE BILL 2265

 2        AMENDMENT NO.     .  Amend House Bill 2265  by  replacing
 3    everything after the enacting clause with the following:

 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 7        (Section scheduled to be repealed on July 1, 2005)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. Every Within 30 business days after executing
17    any such  agreement,  the  telecommunications  carrier  shall
18    submit  to  the  Commission  written  notice  (which  may  be
19    provided  electronically  to  a  service list approved by the
20    Commission) of all current agreements in  effect  as  of  the
21    date  of  the  notice.  The notice shall identify the general
22    nature of all such agreements, the parties to each agreement,
 
                            -2-      LRB093 07840 JLS 12448 a
 1    and a description of differences between each  agreement  and
 2    the  related  tariff.   A copy of each such agreement and any
 3    cost support required to be filed with the agreement by  some
 4    other Section of this Act shall be provided to the Commission
 5    within  10  business  days  after  request by the Commission.
 6    file any contract or  memorandum  of  understanding  for  the
 7    provision  of telecommunications service, which shall include
 8    the rates or other charges, practices, rules  or  regulations
 9    applicable to the agreed provision of such service.  Any cost
10    support required to be filed with the agreement by some other
11    Section  of  this  Act shall be filed within 30 business days
12    after executing  any  such  agreement.  Where  the  agreement
13    contains  the  same  rates,  charges,  practices,  rules, and
14    regulations found in a single contract or memorandum  already
15    filed  by the telecommunications carrier with the Commission,
16    instead  of  filing   the   contract   or   memorandum,   the
17    telecommunications   carrier  may  elect  to  file  a  letter
18    identifying the new agreement  and  specifically  referencing
19    the   contract   or  memorandum  already  on  file  with  the
20    Commission which contains  the  same  provisions.   A  single
21    letter  may be used to file more than one new agreement. Upon
22    submitting notice to the Commission  of  any  such  agreement
23    filing   its   contract   or   memorandum,   or  letter,  the
24    telecommunications carrier shall thereafter  provide  service
25    according  to the terms thereof, unless the Commission finds,
26    after notice and hearing, that  the  continued  provision  of
27    service  pursuant  to  such  agreement contract or memorandum
28    would  substantially  and  adversely  affect  the   financial
29    integrity  of the telecommunications carrier or would violate
30    any other provision of this Act.
31        Any agreement contract or  memorandum  entered  into  and
32    submitted  filed  pursuant  to the provisions of this Section
33    may, in the Commission's discretion, be accorded  proprietary
34    treatment.
 
                            -3-      LRB093 07840 JLS 12448 a
 1    (Source: P.A. 92-22, eff. 6-30-01.)

 2        Section  99.  Effective date.  This Act takes effect upon
 3    becoming law.".