HB1258 95TH GENERAL ASSEMBLY

LRB095 09235 MJR 29428 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1258

Introduced 2/15/2007, by Rep. Julie Hamos

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 3921/10
220 ILCS 5/13-301.3

Creates the Universal Access to Broadband Services Act. Contains provisions regarding access to publicly-held broadband infrastructure for local community broadband projects. Provides for the development of local community broadband projects. Provides guidelines for the future deployment of publicly-held infrastructure. Amends the Illinois Century Network Act. Provides 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. Amends the Public Utilities Act. Requires the Illinois Commerce Commission to transfer to the Lieutenant Governor, and requires the Lieutenant Governor to receive, all funds possessed by the Commission related to the Digital Divide Elimination Infrastructure Program. Provides that the Lieutenant Governor shall be responsible for administration and disbursement of any remaining funds, previously administered by the Illinois Commerce Commission, for the Digital Divide Elimination Infrastructure Program. Provides that the Lieutenant Governor, through the Broadband Deployment Council established under Executive Order 2005-9, shall establish criteria for future grants from the Digital Divide Elimination Infrastructure Fund and shall provide for the competitive selection of recipients of grant funds available. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

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. The General Assembly finds and declares 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. Access to publicly-held broadband infrastructure for local community broadband projects.

(a) By September 1, 2009, the Broadband Deployment Council, chaired by the Lieutenant Governor pursuant to Executive Order 2005-9 (the "Council") shall identify 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 or controlled by the Illinois Century Network, Central Management Services, the Department of Transportation, the State Toll Highway Authority, public universities or colleges, community colleges, or any other agency funded by the State.

(b) Publicly-held broadband infrastructure, not otherwise in use or with specific plans for use, shall be available for lease on a non-discriminatory basis to any public, private, or non-profit entity, under terms, conditions, procedures, and pricing to be jointly established by the State agencies and entities that own or control such infrastructure, convened by the Council. Consideration shall be given to 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.

Section 15. Development of local community broadband projects.

(a) Any municipality or county may apply for and receive funds or technical assistance to undertake broadband projects, including the lease 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.

(b) The Council shall conduct a survey of municipalities and counties, and may seek the assistance of associations and organizations serving local governments to conduct the survey. The survey shall assess interest in creating a local community broadband plan to increase the level of broadband access within the municipality or county or through a regional or multi-jurisdictional entity.

(c) For local government entities responding to the survey under subsection (b) of this Section, the Council shall provide technical assistance in creating a local community broadband plan, which shall take into consideration local needs and priorities related to broadband access, technical specifications and alternatives, public assets, funding sources, public-private partnership opportunities, community interest and involvement, and management models. Any local government entity undertaking a local community broadband planning process first shall organize a local advisory committee including, but not limited to, area representatives of the public, business, government, public safety, education, health care, and technology providers.

(d) The Council shall compile a report for the General Assembly every 2 years beginning on December 1, 2008, on the status of planning and implementation of local community broadband plans, with any recommendations for state policies, funding, and other assistance needed.

Section 20. Future deployment of publicly-held infrastructure. 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 and appropriate to promote the objective of broadband access, the following:

(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 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 30. The Public Utilities Act is amended by changing Section 13-301.3 as follows:

(220 ILCS 5/13-301.3)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13-301.3. Digital Divide Elimination Infrastructure Program.

(a) The Digital Divide Elimination Infrastructure Fund is created as a special fund in the State treasury. All moneys in the Fund shall be used, subject to appropriation, by the Commission to fund (i) the construction of facilities specified in Commission rules adopted under this Section and (ii) the accessible electronic information program, as provided in Section 20 of the Accessible Electronic Information Act. The Commission may accept private and public funds, including federal funds, for deposit into the Fund. Earnings attributable to moneys in the Fund shall be deposited into the Fund.

(b) The Commission shall adopt rules under which it will make grants out of funds appropriated from the Digital Divide Elimination Infrastructure Fund to eligible entities as specified in the rules for the construction of high-speed data transmission facilities in eligible areas of the State. For purposes of determining whether an area is an eligible area, the Commission shall consider, among other things, whether (i) in such area, advanced telecommunications services, as defined in subsection (c) of Section 13-517 of this Act, are under-provided to residential or small business end users, either directly or indirectly through an Internet Service Provider, (ii) such area has a low population density, and (iii) such area has not yet developed a competitive market for advanced services. In addition, if an entity seeking a grant of funds from the Digital Divide Elimination Infrastructure Fund is an incumbent local exchange carrier having the duty to serve such area, and the obligation to provide advanced services to such area pursuant to Section 13-517 of this Act, the entity shall demonstrate that it has sought and obtained an exemption from such obligation pursuant to subsection (b) of Section 13-517. Any entity seeking a grant of funds from the Digital Divide Elimination Infrastructure Fund shall demonstrate to the Commission that the grant shall be used for the construction of high-speed data transmission facilities in an eligible area and demonstrate that it satisfies all other requirements of the Commission's rules. The Commission shall determine the information that it deems necessary to award grants pursuant to this Section.

(c) The rules of the Commission shall provide for the competitive selection of recipients of grant funds available from the Digital Divide Elimination Infrastructure Fund pursuant to the Illinois Procurement Code. Grants shall be awarded to bidders chosen on the basis of the criteria established in such rules.

(d) All entities awarded grant moneys under this Section shall maintain all records required by Commission rule for the period of time specified in the rules. Such records shall be subject to audit by the Commission, by any auditor appointed by the State, or by any State officer authorized to conduct audits.

(e) On the effective date of this amendatory Act of the 95th General Assembly, the Illinois Commerce Commission shall transfer to the Lieutenant Governor, and the Lieutenant Governor shall receive, all funds possessed by the Commission related to the Digital Divide Elimination Infrastructure Program. Nothing in this subsection (e) shall affect the validity of grants issued under this Section before the effective date of this amendatory Act of the 95th General Assembly.

(f) On the effective date of this amendatory Act of the 95th General Assembly, the Lieutenant Governor shall be responsible for administration and disbursement of any remaining funds previously administered by the Illinois Commerce Commission for the Digital Divide Elimination Infrastructure Program. The Lieutenant Governor, through the Broadband Deployment Council established under Executive Order 2005-9, shall establish criteria for future grants from the Digital Divide Elimination Infrastructure Fund and shall provide for the competitive selection of recipients of grant funds available that is similar to the competitive selections process under the Illinois Procurement Code.

(Source: P.A. 92-22, eff. 6-30-01; 93-306, eff. 7-23-03; 93-797, eff. 7-22-04.)

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