HB5292 94TH GENERAL ASSEMBLY

LRB094 19275 RSP 54916 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5292

Introduced 1/25/2006, by Rep. Julie Hamos - Constance A. Howard

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 3921/10

Creates the Universal Access to Broadband Services Act. Requires the Department of Central Management Services to create and maintain a map of broadband infrastructure in the State. Sets forth that all publicly-held broadband infrastructure shall be available for lease, on a non-discriminatory basis, to any public, private, or non-profit entity. Requires CMS, in cooperation with the Broadband Deployment Council, to establish terms, conditions, procedures, and pricing for lease of the publicly-held broadband infrastructure, taking into consideration sliding fee schedules based on the income and financial resources available to end users and the existence of other community benefits. Authorizes public, private, or non-profit entities seeking to lease publicly-held broadband infrastructure to aggregate customers or demand for broadband services, and to create regional and multi-jurisdictional entities that aggregate customers or demand for broadband services. Authorizes certain pilot projects to stimulate deployment of broadband services in 3 underserved areas of the State. Adds other provisions. Amends the Illinois Century Network Act to provide that the Illinois Century Network shall be available for lease, on a non-discriminatory basis, to any public, private, or non-profit entity pursuant to the Universal Access to Broadband Services Act. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

Section 1. Short title. This Act may be cited as the Universal Access to Broadband Services Act.

Section 5. Findings and declaration of policy. It is hereby found and declared that:

(a) The future economic vitality of the State of Illinois depends on continued participation in the growing global information economy, which in turn depends on access to universal, competitive, and affordable broadband services in all areas of the State.

(b) All residents throughout the State need access to computers and broadband services to equip themselves with the skills necessary for jobs of the future.

(c) The public safety and security of the State require all law enforcement, public safety, homeland security, and public health providers to have access to broadband services to be able to communicate in an efficient, timely, and secure manner, especially during emergencies or disasters.

(d) Improved quality of health care throughout the State depends on access to broadband services to enable medical providers to implement and interconnect electronic health records.

(e) Universal, competitive, and affordable broadband services can be achieved only through cooperation and collaboration among public, private, and non-profit entities.

Section 10. Mapping of publicly-held broadband infrastructure.

(a) The Department of Central Management Services (CMS) shall create a map of all "publicly-held broadband infrastructure" in the State, defined as all properties, facilities, towers, equipment, hardware, software, and other intellectual property necessary to provide broadband services, that are owned by, leased by, controlled by, paid for in whole or in part by, or accessible to the Illinois Century Network, the Illinois Department of Transportation, the Illinois State Toll Highway Authority, public universities or colleges, community colleges, or any other State agency.

(b) CMS shall update this map on a continuous basis, or as often as is practicable, to reflect continued deployment or upgrading of publicly-held broadband infrastructure and the installation of underground conduit and above-ground wireless facilities and towers pursuant to subsection (e) of Section 15.

Section 15. Universal access to publicly-held broadband infrastructure.

(a) All publicly-held broadband infrastructure shall be available for lease, on a non-discriminatory basis, to any public, private, or non-profit entity.

(b) CMS, working in cooperation with the Broadband Deployment Council established by Executive Order 2005-9, shall establish terms, conditions, procedures, and pricing for lease of the publicly-held broadband infrastructure, taking into consideration sliding fee schedules based on the income and financial resources available to end users and the existence of other community benefits.

(c) Any public, private, or non-profit entities seeking to lease publicly-held broadband infrastructure may aggregate customers or demand for broadband services, and may create regional and multi-jurisdictional entities that aggregate customers or demand for broadband services.

(d) Any home rule municipality, non-home rule municipality, township, or county may apply for and receive funds to undertake broadband projects, including the use of publicly-held broadband infrastructure, and may take steps as it may deem appropriate to address the level of broadband access available to its businesses and residents.

(e) Any infrastructure improvement that requires the digging of a trench or building of a tower or wireless facility, paid for in whole or in part by State funds, whether undertaken by a State, county, municipal, or other public agency, shall include, wherever possible, the:

(1) installation of underground conduit and optical fiber;

(2) provision of space for wireless equipment; and

(3) installation of conduit to towers or wireless facility locations, all of which can be made available on a non-discriminatory basis to public, private, and non-profit entities for the installation of fiber optic lines, wireless facilities and equipment for communications, or information services via the conduit, tower, or facility.

Section 20. Pilot projects.

(a) CMS, working in cooperation with the Department of Commerce and Economic Opportunity and the Illinois Department of Transportation, shall develop plans to stimulate deployment of broadband services in 3 underserved areas of the State. In identifying the underserved areas, CMS shall consider the area's economic conditions, including factors such as median household income; critical skills shortages; lack of economic development activity; availability and affordability of access to broadband services, including lack of options available for broadband service; or low percentage of residents subscribing for broadband service.

(b) The plan for each pilot project shall:

(1) detail the demographics of the underserved area selected;

(2) provide a database of local resources available, including communities, municipalities, or organizations with capacity to aggregate customers or demand for broadband services and public and private sector entities willing to partner in and provide funding toward a broadband project; and

(3) itemize necessary funding and financing alternatives for planning assistance, technical design, and full deployment of broadband infrastructure to develop and implement the broadband project, including properties, facilities, equipment, hardware, software, and other intellectual property as may be needed.

Section 25. The Illinois Century Network Act is amended by changing Section 10 as follows:

(20 ILCS 3921/10)

Sec. 10. Illinois Century Network. The Illinois Century Network shall be a service creating and maintaining high speed telecommunications networks that provide reliable communication links to and among Illinois schools, institutions of higher education, libraries, museums, research institutions, State agencies, units of local government, and other local entities that provide services to Illinois citizens. The Illinois Century Network shall build on existing investments in networking schools, colleges, and universities, avoid duplication of future efforts, maintain sufficient capacity to meet the requirements of the participating institutions, and stay current with rapid developments in technology, and be available for lease, on a non-discriminatory basis, to any public, private, or non-profit entity pursuant to the Universal Access to Broadband Services Act. The Illinois Century Network shall be capable of delivering state-of-the-art access to education, training, and electronic information and shall provide access to networking technologies for institutions located in even the most remote areas of this State.

(Source: P.A. 91-21, eff. 7-1-99; 92-691, eff. 7-18-02.)

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