Sen. Steven J. Rauschenberger
Filed: 2/17/2005
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| 1 | AMENDMENT TO SENATE BILL 499
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 499 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Public Utilities Act is amended by changing | ||||||
| 5 | Section 13-401 as follows:
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| 6 | (220 ILCS 5/13-401) (from Ch. 111 2/3, par. 13-401)
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| 7 | (Section scheduled to be repealed on July 1, 2005)
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| 8 | Sec. 13-401. Certificate of Service Authority.
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| 9 | (a) No telecommunications carrier not possessing a | ||||||
| 10 | certificate of public
convenience and necessity or certificate | ||||||
| 11 | of authority from the Commission
at the time this Article goes | ||||||
| 12 | into effect shall transact any business in
this State until it | ||||||
| 13 | shall have obtained a certificate of service authority
from the | ||||||
| 14 | Commission pursuant to the provisions of this Article.
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| 15 | No telecommunications carrier offering or providing, or | ||||||
| 16 | seeking to offer
or provide, any interexchange | ||||||
| 17 | telecommunications service shall do so until
it has applied for | ||||||
| 18 | and received a Certificate of Interexchange Service
Authority | ||||||
| 19 | pursuant to the provisions of Section 13-403. No
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| 20 | telecommunications carrier offering or providing, or seeking | ||||||
| 21 | to offer or
provide, any local exchange telecommunications | ||||||
| 22 | service shall do so until it
has applied for and received a | ||||||
| 23 | Certificate of Exchange Service Authority
pursuant to the | ||||||
| 24 | provisions of Section 13-405.
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| 1 | Notwithstanding Sections 13-403, 13-404, and 13-405, the | ||||||
| 2 | Commission
shall approve a cellular radio application for a | ||||||
| 3 | Certificate of Service
Authority without a hearing upon a | ||||||
| 4 | showing by the cellular applicant that
the Federal | ||||||
| 5 | Communications Commission has issued to it a construction
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| 6 | permit or an operating license to construct or operate a | ||||||
| 7 | cellular radio
system in the area as defined by the Federal | ||||||
| 8 | Communications Commission, or
portion of the area, for which | ||||||
| 9 | the carrier seeks a Certificate of Service
Authority.
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| 10 | No Certificate of Service Authority issued by the | ||||||
| 11 | Commission shall be
construed as granting a monopoly or | ||||||
| 12 | exclusive privilege, immunity or
franchise. The issuance of a | ||||||
| 13 | Certificate of Service Authority to any
telecommunications | ||||||
| 14 | carrier shall not preclude the Commission from issuing
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| 15 | additional Certificates of Service Authority to other | ||||||
| 16 | telecommunications
carriers providing the same or equivalent | ||||||
| 17 | service or serving the same
geographical area or customers as | ||||||
| 18 | any previously certified carrier, except
to the extent | ||||||
| 19 | otherwise provided by Sections 13-403 and 13-405.
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| 20 | Any certificate of public convenience and necessity | ||||||
| 21 | granted by the
Commission to a telecommunications carrier prior | ||||||
| 22 | to the effective date of
this Article shall remain in full | ||||||
| 23 | force and effect, and such carriers need
not apply for a | ||||||
| 24 | Certificate of Service Authority in order to continue
offering | ||||||
| 25 | or providing service to the extent authorized in such | ||||||
| 26 | certificate
of public convenience and necessity. Any such | ||||||
| 27 | carrier, however, prior to
substantially altering the nature or | ||||||
| 28 | scope of services provided under a
certificate of public | ||||||
| 29 | convenience and necessity, or adding or expanding
services | ||||||
| 30 | beyond the authority contained in such certificate, must apply | ||||||
| 31 | for
a Certificate of Service Authority for such alterations or | ||||||
| 32 | additions
pursuant to the provisions of this Article.
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| 33 | The Commission shall review and modify the terms of any
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| 34 | certificate of public convenience and necessity issued to a
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| 1 | telecommunications carrier prior to the effective date of this | ||||||
| 2 | Article in
order to ensure its conformity with the requirements | ||||||
| 3 | and policies of this
Article. Any Certificate of Service | ||||||
| 4 | Authority may be altered or modified by
the Commission, after | ||||||
| 5 | notice and hearing, upon its own motion or upon
application of | ||||||
| 6 | the person or company affected. Unless exercised within a
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| 7 | period of two years from the issuance thereof, authority | ||||||
| 8 | conferred by a
Certificate of Service Authority shall be null | ||||||
| 9 | and void.
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| 10 | (b) The Commission may issue a temporary Certificate which | ||||||
| 11 | shall remain
in force not to exceed one year in cases of | ||||||
| 12 | emergency, to assure maintenance
of adequate service or to | ||||||
| 13 | serve particular customers, without notice and
hearing, | ||||||
| 14 | pending the determination of an application for a Certificate, | ||||||
| 15 | and
may by regulation exempt from the requirements of this | ||||||
| 16 | Section temporary
acts or operations for which the issuance of | ||||||
| 17 | a certificate is not necessary
in the public interest and which | ||||||
| 18 | will not be required therefor.
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| 19 | (c) No political subdivision of this State shall provide or | ||||||
| 20 | offer for sale, either to the public or to a telecommunications | ||||||
| 21 | provider, a telecommunications service or telecommunications | ||||||
| 22 | facility used to provide a telecommunications service for which | ||||||
| 23 | a Certificate of Service Authority is required pursuant to this | ||||||
| 24 | Section.
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| 25 | (Source: P.A. 87-856.)
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| 26 | Section 99. Effective date. This Act takes effect upon | ||||||
| 27 | becoming law.".
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