96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1751


 
Introduced 2/18/2009, by Rep. Michael J. Madigan - Barbara Flynn Currie - Deborah L. Graham
 
SYNOPSIS AS INTRODUCED:
 		







  



220 ILCS 5/13-202
  from Ch. 111 2/3, par. 13-202








    Amends the Public Utilities Act.  Makes a technical change in a Section concerning the
definition of "telecommunications carrier".
















LRB096 05385 MJR 15451 b

















 


 


A BILL FOR









 











HB1751

LRB096 05385 MJR 15451 b






1
    AN ACT concerning regulation.

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 

 
4
    Section 5. The Public Utilities Act is amended by changing 
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Section 13-202 as follows:
 



6
    (220 ILCS 5/13-202)  (from Ch. 111 2/3, par. 13-202)



7
    (Section scheduled to be repealed on July 1, 2009)

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    Sec. 13-202. 
"Telecommunications carrier" means and
and 
9
includes every
corporation, company, association, joint stock 
10
company or association,
firm, partnership or individual, their 
11
lessees, trustees or receivers
appointed by any court 
12
whatsoever that owns, controls, operates or manages,
within 
13
this State, directly or indirectly, for public use, any plant,

14
equipment or property used or to be used for or in connection 
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with, or owns
or controls any franchise, license, permit or 
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right to engage in the
provision of, telecommunications 
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services between points within the State
which are specified by 
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the user.  Telecommunications carrier does not
include, 
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however:
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    (a) telecommunications carriers that are owned and 
21
operated by any
political subdivision, public or private 
22
institution of higher education or
municipal corporation of 
23
this State, for their own use, or
telecommunications carriers 
 


 






HB1751
- 2 -
LRB096 05385 MJR 15451 b




1
that are owned by such political subdivision,
public or private 
2
institution of higher education, or municipal corporation
and 
3
operated by any of its lessees or operating agents, for their 
4
own use;

5
    (b) telecommunications carriers which are purely mutual 
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concerns, having
no rates or charges for services, but paying 
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the operating expenses by
assessment upon the members of such a 
8
company and no other person but does
include telephone or 
9
telecommunications cooperatives as defined in
Section 13-212;

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    (c) a company or person which provides telecommunications 
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services solely to
itself and its affiliates or members or 
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between points in the same building,
 or between closely located 
13
buildings, affiliated through substantial
common ownership, 
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control or development; or

15
    (d) a company or person engaged in the delivery of 
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community antenna
television services as described in 
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subdivision (c) of Section 13-203,
except with respect to the 
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provision of telecommunications services by that
company or 
19
person.

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(Source: P.A. 87-856.)