SB0678ham002 95TH GENERAL ASSEMBLY

Rep. Eddie Washington

Filed: 5/29/2007

09500SB0678ham002 LRB095 08411 MJR 37245 a

AMENDMENT TO SENATE BILL 678

AMENDMENT NO. ______. Amend Senate Bill 678 by replacing everything after the enacting clause with the following:

"ARTICLE 5.

Section 5-1. Short title. This Article may be cited as the Broadband Access on Passenger Rail Law.

Section 5-5. Definitions. As used in this Article:

"Department" means the Department of Transportation.

"Passenger rail systems" includes all passenger rail systems maintained by the National Passenger Railroad Corporation in Illinois and those passenger rail systems under the jurisdiction of the Commuter Rail Board as established in Section 3B.08 of the Regional Transportation Authority Act.

Section 5-10. Broadband Access on Passenger Rail Plan. The Department shall deliver to the Governor and General Assembly a plan for ensuring high speed data transmission services on all passenger rail systems in Illinois at fair and reasonable prices no later than December 31, 2007. The plan shall include recommendations for acquiring necessary rights of way, installation of necessary infrastructure, operation of high speed data transmission services, and funding sources.

ARTICLE 10.

Section 10-1. Short title. This Article may be cited as the High Speed Internet Services and Information Technology Law.

Section 10-5. Findings. With respect to high speed Internet services and information technology, the General Assembly finds the following:

(1) The deployment and adoption of high speed Internet services and information technology has resulted in enhanced economic development and public safety for the State's communities, improved health care and educational opportunities, and a better quality of life for the State's residents.

(2) Continued progress in the deployment and adoption of high speed Internet services and information technology is vital to ensuring that this State remains competitive and continues to create business and job growth.

(3) The State must encourage and support the partnership of the public and private sectors in the continued growth of high speed Internet and Information technology for the State's residents and businesses.

(4) Local governmental entities play a role in assessing the needs of their communities with respect to high speed Internet services and information technology.

Section 10-10. Definitions. In this Article:

"Nonprofit organization" means an organization that (i) is a nonprofit organization as described in Section 501(c)(3) of the federal Internal Revenue Code of 1986 and exempt from tax under Section 501(a) of that Code; (ii) has no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual; and (iii) is organized under, subject to, and has all the powers and duties of a not-for-profit corporation under the General Not For Profit Corporation Act of 1986.

Section 10-15. Connect IL.

(a) Notwithstanding any other statute, the Lieutenant Governor, with the advice of the Broadband Deployment Council, shall authorize the creation of a nonprofit corporation called Connect IL to implement a comprehensive, statewide high speed Internet deployment strategy and demand creation initiative with the purpose of:

(1) ensuring that all State residents and businesses have access to affordable and reliable high speed Internet service;

(2) achieving improved technology literacy, increased computer ownership, and home high speed Internet use among State residents and businesses;

(3) establishing and empowering local technology planning teams in each county to plan for improved technology use across multiple community sectors; and

(4) establishing and sustaining an environment ripe for high speed Internet access and technology investment statewide.

(b) Connect IL's governing board shall be appointed by the Lieutenant Governor, with the advice of the Broadband Deployment Council, and shall not exceed 11 members, with a maximum of 6 representing the private sector and a maximum of 5 representing the government and nonprofit sectors. Four of the private sector members shall be from the largest incumbent local exchange carriers, one shall be from the cable television industry, and one shall be from the Internet Service Provider (ISP) industry. Members representing the public sector shall include one member from a public Illinois university, one member that represents Community Technology Centers, one member from the Department of Commerce and Economic Opportunity, one member from the Lieutenant Governor's office, and one member from the Department of Central Management. The board shall select its chairperson to serve a 2-year term.

(c) In lieu of, or in addition to creating a nonprofit, the Lieutenant Governor, with the Broadband Deployment Council's advice, shall enlist an existing nonprofit organization that has an established competency and proven record of working with public and private sectors to accomplish wide-scale deployment and adoption of broadband and information technology.

Section 10-20. Duties of Connect IL.

(a) The high speed Internet deployment strategy and demand creation initiative to be performed by the nonprofit organization shall include, but not be limited to, the following actions:

(1) Create a geographic statewide inventory of high speed Internet service and other relevant broadband and information technology services. The inventory shall:

(A) identify geographic gaps in high speed Internet service through a method of GIS mapping of service availability and GIS analysis at the census block level; and

(B) provide a baseline assessment of statewide high speed Internet deployment in terms of percentage of Illinois households with high speed Internet availability.

(2) Track and identify, through customer interviews and surveys and other publicly available sources, statewide residential and business adoption of high speed Internet, computers, and related information technology and any barriers to adoption.

(3) Build and facilitate in each county or designated region a local technology planning team with members representing a cross section of the community, including, but not limited to, representatives of business, K-12 education, health care, libraries, higher education, community-based organizations, local government, tourism, parks and recreation, and agriculture. Each team shall benchmark technology use across relevant community sectors, set goals for improved technology use within each sector, and develop a plan for achieving its goals, with specific recommendations for online application development and demand creation.

(4) Collaborate with high speed Internet providers and technology companies to encourage deployment and use, especially in underserved areas, by aggregating local demand, mapping analysis, and creating market intelligence to improve the business case for providers to deploy.

(5) Establish a program to increase computer ownership and Internet access for disenfranchised populations across the State.

(b) The nonprofit organization may apply for federal grants consistent with the objectives of this Article.

(c) The Lieutenant Governor shall use the funds in the High Speed Internet Services and Information Technology Fund to provide grants to the nonprofit organization created or enlisted under this Article.

(d) The nonprofit organization shall have the power to obtain or to raise funds other than the grants receive from the Lieutenant Governor under this Article.

(e) The nonprofit organization and its Board of Directors shall exist separately and independently from the Office of the Lieutenant Governor and any other governmental entity, but shall cooperate with the Office of the Lieutenant Governor, the Broadband Deployment Council, and other public or private entities it deems appropriate in carrying out its duties.

(f) Notwithstanding anything in this Article or any other Act to the contrary, any information that is designated confidential or proprietary by an entity providing the information to the nonprofit organization or any other entity to accomplish the objectives of this Article shall be deemed confidential, proprietary, and a trade secret and treated by the nonprofit organization, Connect IL's governing board, or anyone else possessing the information as such and shall not be disclosed.

Section 10-25. Scope of authority. Nothing in this Article shall be construed as giving the Lieutenant Governor, the Broadband Deployment Council, the nonprofit organization, or other entities any additional authority, regulatory or otherwise, over providers of telecommunications, broadband, and information technology.

Section 10-30. High Speed Internet Services and Information Technology Fund.

(a) There is created in the State treasury a special fund to be known as the High Speed Internet Services and Information Technology Fund, to be used, subject to appropriation, by the Lieutenant Governor for purposes of providing grants to the nonprofit organization enlisted under this Article.

(b) On the effective date of this Article, all moneys in the Digital Divide Elimination Infrastructure Fund which have not already been distributed or ordered distributed by the Illinois Commerce Commission shall be transferred to the High Speed Internet Services and Information Technology Fund. Nothing contained in this subsection (b) shall affect the validity of grants issued under this Article before June 30, 2007.

Section 10-35. Local broadband projects. Any municipality or county may undertake local broadband projects and the provision of services in connection therewith; may lease infrastructure that it owns or controls; may aggregate customers or demand for broadband services; may apply for and receive funds or technical assistance to undertake such projects to address the level of broadband access available to its businesses and residents. To the extent that it seeks to serve as a retail provider of telecommunications services, the municipality or county shall be required to obtain appropriate certification from the Illinois Commerce Commission as a telecommunications carrier.

Section 10-80. The State Finance Act is amended by adding Section 5.675 as follows:

(30 ILCS 105/5.675 new)

Sec. 5.675. The High Speed Internet Services and Information Technology Fund.

Section 10-90. The Public Utilities Act is amended by changing Sections 13-505.4, 13-701, and 13-1200 as follows:

(220 ILCS 5/13-505.4) (from Ch. 111 2/3, par. 13-505.4)

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

Sec. 13-505.4. Provision of noncompetitive services.

(a) A telecommunications carrier that offers or provides a noncompetitive service, service element, feature, or functionality on a separate, stand-alone basis to any customer shall provide that service, service element, feature, or functionality pursuant to tariff to all persons, including all telecommunications carriers and competitors, in accordance with the provisions of this Article.

(b) A telecommunications carrier that offers or provides a noncompetitive service, service element, feature, or functionality to any customer as part of an offering of competitive services pursuant to tariff or contract shall publicly disclose the offering or provisioning of the noncompetitive service, service element, feature, or functionality by filing with the Commission information that generally describes the offering or provisioning and that shows the rates, terms, and conditions of the noncompetitive service, service element, feature, or functionality. The information shall be filed with the Commission concurrently with the filing of the tariff or not more than 10 days following the customer's acceptance of the offering in a contract.

(c) A telecommunications carrier that is not subject to regulation under an alternative regulation plan pursuant to Section 13-506.1 of this Act may reduce the rate or charge for a noncompetitive service, service element, feature, or functionality offered to customers on a separate, stand-alone basis or as part of a bundled service offering by filing with the Commission a tariff that shows the reduced rate or charge and all applicable terms and conditions of the noncompetitive service, service element, feature, or functionality or bundled offering. The reduction of rates or charges shall be permitted upon the filing of the proposed rate, charge, classification, tariff, or bundled offering. The total price of a bundled offering shall not attribute any portion of the charge to services subject to the jurisdiction of the Commission and shall not be binding on the Commission in any proceeding under Article IX of this Act to set the revenue requirement or to set just and reasonable rates for services subject to the jurisdiction of the Commission. Prices for bundles shall not be subject to Section 13-505.1 of this Act. For purposes of this subsection (c), a bundle is a group of services offered together for a fixed price where at least one of the services is an interLATA service as that term is defined in 47 U.S.C. 153(21), a cable service or a video service, a community antenna television service, a satellite broadcast service, a public mobile service as defined in Section 13-214 of this Act, or an advanced telecommunications service as "advanced telecommunications services" is defined in Section 13-517 of this Act.

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

(220 ILCS 5/13-701) (from Ch. 111 2/3, par. 13-701)

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

Sec. 13-701. (a) Notwithstanding any other provision of this Act to the contrary, the Commission has no power to supervise or control any telephone cooperative as respects assessment schedules or local service rates made or charged by such a cooperative on a nondiscriminatory basis. In addition, the Commission has no power to inquire into, or require the submission of, the terms, conditions or agreements by or under which telephone cooperatives are financed. A telephone cooperative shall file with the Commission either a copy of the annual financial report required by the Rural Electrification Administration, or the annual financial report required of other public utilities.

Sections 13-712 and 13-713 of this Act do not apply to telephone cooperatives.

(Source: P.A. 84-1063.)

(220 ILCS 5/13-1200)

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

Sec. 13-1200. Repealer. This Article is repealed July 1, 2009 2007.

(Source: P.A. 94-76, eff. 6-24-05.)

ARTICLE 99.

Section 99-999. Effective date. This Act takes effect upon becoming law.".