093_SB0553ham002
LRB093 10793 LRD 16451 a
1 AMENDMENT TO SENATE BILL 553
2 AMENDMENT NO. . Amend Senate Bill 553 on page 1, by
3 replacing line 1 with the following:
4 "AN ACT concerning computer technology."; and
5 on page 3, after line 21, by inserting the following:
6 "Section 50. The Public Utilities Act is amended by
7 changing Section 13-301.3 as follows:
8 (220 ILCS 5/13-301.3)
9 (Section scheduled to be repealed on July 1, 2005)
10 Sec. 13-301.3. Digital Divide Elimination Infrastructure
11 Program.
12 (a) The Digital Divide Elimination Infrastructure Fund
13 is created as a special fund in the State treasury. All
14 moneys in the Fund shall be used, subject to appropriation,
15 by the Commission to fund the construction of facilities
16 specified in Commission rules adopted under this Section. The
17 Commission may accept private and public funds, including
18 federal funds, for deposit into the Fund. Earnings
19 attributable to moneys in the Fund shall be deposited into
20 the Fund.
21 (b) The Commission shall adopt rules under which it will
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1 make grants out of funds appropriated from the Digital Divide
2 Elimination Infrastructure Fund to eligible entities as
3 specified in the rules for the construction of high-speed
4 data transmission facilities in eligible areas of the State.
5 For purposes of determining whether an area is an eligible
6 area, the Commission shall consider, among other things,
7 whether (i) in such area, advanced telecommunications
8 services, as defined in subsection (c) of Section 13-517 of
9 this Act, are under-provided to residential or small business
10 end users, either directly or indirectly through an Internet
11 Service Provider, (ii) such area has a low population
12 density, and (iii) such area has not yet developed a
13 competitive market for advanced services. In addition, if an
14 entity seeking a grant of funds from the Digital Divide
15 Elimination Infrastructure Fund is an for which the incumbent
16 local exchange carrier having the duty to serve such area,
17 and the obligation to provide advanced services to such area
18 pursuant to Section 13-517 of this Act, the entity shall
19 demonstrate that it has sought and obtained an exemption from
20 such obligation pursuant to subsection (b) of Section 13-517.
21 Any entity seeking a grant of funds from the Digital Divide
22 Elimination Infrastructure Fund shall demonstrate to the
23 Commission that the grant shall be used for the construction
24 of high-speed data transmission facilities in an eligible
25 area and demonstrate that it satisfies all other
26 requirements of the Commission's rules. The Commission shall
27 determine the information that it deems necessary to award
28 grants pursuant to this Section. based upon a Commission
29 finding that provision of such advanced services to customers
30 in such area is either unduly economically burdensome or will
31 impose a significant adverse economic impact on users of
32 telecommunications services generally.
33 (c) The rules of the Commission shall provide for the
34 competitive selection of recipients of grant funds available
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1 from the Digital Divide Elimination Infrastructure Fund
2 pursuant to the Illinois Procurement Code. Grants shall be
3 awarded to bidders chosen on the basis of the criteria
4 established in such rules.
5 (d) All entities awarded grant moneys under this Section
6 shall maintain all records required by Commission rule for
7 the period of time specified in the rules. Such records shall
8 be subject to audit by the Commission, by any auditor
9 appointed by the State, or by any State officer authorized to
10 conduct audits.
11 (Source: P.A. 92-22, eff. 6-30-01.)".