Full Text of SB0837 95th General Assembly
SB0837ham002 95TH GENERAL ASSEMBLY
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Rep. Donald L. Moffitt
Filed: 8/4/2007
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09500SB0837ham002 |
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LRB095 05548 HLH 38424 a |
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| AMENDMENT TO SENATE BILL 837
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| AMENDMENT NO. ______. Amend Senate Bill 837, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Emergency Telephone System Act is amended | 6 |
| by changing Sections 15.3 and 15.4 as follows:
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| (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
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| Sec. 15.3. Surcharge.
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| (a) The corporate authorities of any municipality or any
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| county may, subject to the limitations of subsections (c), (d), | 11 |
| and (h),
and in addition to any tax levied pursuant to the | 12 |
| Simplified Municipal
Telecommunications Tax Act, impose a | 13 |
| monthly surcharge on billed subscribers
of network connection | 14 |
| provided by telecommunication carriers engaged in the
business | 15 |
| of transmitting messages by means of electricity originating | 16 |
| within
the corporate limits of the municipality or county |
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| imposing the surcharge at
a rate per network connection | 2 |
| determined in accordance with subsection (c).
Provided, | 3 |
| however, that where multiple voice grade communications | 4 |
| channels
are connected between the subscriber's premises and a | 5 |
| public switched network
through private branch exchange (PBX) | 6 |
| or centrex type service, a municipality
imposing a surcharge at | 7 |
| a rate per network connection, as determined in
accordance with | 8 |
| this Act, shall impose 5 such surcharges per network
| 9 |
| connection, as determined in accordance with subsections (a) | 10 |
| and (d) of
Section 2.12 of this Act.
For mobile | 11 |
| telecommunications services, if a surcharge is imposed it shall | 12 |
| be
imposed based upon the municipality or county that | 13 |
| encompasses the customer's
place of primary use as defined in | 14 |
| the Mobile Telecommunications Sourcing
Conformity Act. A | 15 |
| municipality may enter into an intergovernmental
agreement | 16 |
| with any county in which it is partially located, when the | 17 |
| county
has adopted an ordinance to impose a surcharge as | 18 |
| provided in subsection
(c), to include that portion of the | 19 |
| municipality lying outside the county
in that county's | 20 |
| surcharge referendum. If the county's surcharge
referendum is | 21 |
| approved, the portion of the municipality identified in the
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| intergovernmental agreement shall automatically be | 23 |
| disconnected from the
county in which it lies and connected to | 24 |
| the county which approved the
referendum for purposes of a | 25 |
| surcharge on telecommunications carriers.
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| (b) For purposes of computing the surcharge imposed by |
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| subsection (a),
the network connections to which the surcharge | 2 |
| shall apply shall be those
in-service network connections, | 3 |
| other than those network connections
assigned to the | 4 |
| municipality or county, where the service address for each
such | 5 |
| network connection or connections is located within the | 6 |
| corporate
limits of the municipality or county levying the | 7 |
| surcharge. Except for mobile
telecommunication services, the | 8 |
| "service address" shall mean the location of
the primary use of | 9 |
| the network connection or connections. For mobile
| 10 |
| telecommunication services, "service address" means the | 11 |
| customer's place of
primary use as defined in the Mobile | 12 |
| Telecommunications Sourcing Conformity
Act. With respect to | 13 |
| network connections provided for
use with pay telephone | 14 |
| services for which there is no billed subscriber,
the | 15 |
| telecommunications carrier providing the network connection | 16 |
| shall be
deemed to be its own billed subscriber for purposes of | 17 |
| applying the surcharge.
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| (c) Upon the passage of an ordinance to impose a surcharge | 19 |
| under this
Section the clerk of the municipality or county | 20 |
| shall certify the question
of whether the surcharge may be | 21 |
| imposed to the proper election authority
who shall submit the | 22 |
| public question to the electors of the municipality or
county | 23 |
| in accordance with the general election law; provided that such
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| question shall not be submitted at a consolidated primary | 25 |
| election. The
public question shall be in substantially the | 26 |
| following form:
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| -------------------------------------------------------------
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| Shall the county (or city, village
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| or incorporated town) of ..... impose YES
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| a surcharge of up to ...˘ per month per
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| network connection, which surcharge will
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| be added to the monthly bill you receive ------------------
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| for telephone or telecommunications
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| charges, for the purpose of installing
| 9 |
| (or improving) a 9-1-1 Emergency NO
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| Telephone System?
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| -------------------------------------------------------------
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| If a majority of the votes cast upon the public question | 13 |
| are in favor
thereof, the surcharge shall be imposed.
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| However, if a Joint Emergency Telephone System Board is to | 15 |
| be created
pursuant to an intergovernmental agreement under | 16 |
| Section 15.4, the
ordinance to impose the surcharge shall be | 17 |
| subject to the approval of a
majority of the total number of | 18 |
| votes cast upon the public question by the
electors of all of | 19 |
| the municipalities or counties, or combination thereof,
that | 20 |
| are parties to the intergovernmental agreement.
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| The referendum requirement of this subsection (c) shall not | 22 |
| apply
to any municipality with a population over 500,000 or to | 23 |
| any
county in which a proposition as to whether a sophisticated | 24 |
| 9-1-1 Emergency
Telephone System should be installed in the | 25 |
| county, at a cost not to
exceed a specified monthly amount per | 26 |
| network connection, has previously
been approved by a majority |
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| of the electors of the county voting on the
proposition at an | 2 |
| election conducted before the effective date of this
amendatory | 3 |
| Act of 1987.
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| (d) A county may not impose a surcharge, unless requested | 5 |
| by a
municipality, in any incorporated area which has | 6 |
| previously approved a
surcharge as provided in subsection (c) | 7 |
| or in any incorporated area where
the corporate authorities of | 8 |
| the municipality have previously entered into
a binding | 9 |
| contract or letter of intent with a telecommunications carrier | 10 |
| to
provide sophisticated 9-1-1 service through municipal | 11 |
| funds.
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| (e) A municipality or county may at any time by ordinance | 13 |
| change the
rate of the surcharge imposed under this Section if | 14 |
| the new rate does not
exceed the rate specified in the | 15 |
| referendum held pursuant to subsection (c).
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| (f) The surcharge authorized by this Section shall be | 17 |
| collected from
the subscriber by the telecommunications | 18 |
| carrier providing the subscriber
the network connection as a | 19 |
| separately stated item on the subscriber's bill.
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| (g) The amount of surcharge collected by the | 21 |
| telecommunications carrier
shall be paid to the particular | 22 |
| municipality or county or Joint Emergency
Telephone System | 23 |
| Board not later than 30 days after the surcharge is
collected, | 24 |
| net of any network or other 9-1-1 or sophisticated 9-1-1 system
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| charges then due the particular telecommunications carrier, as | 26 |
| shown on an
itemized bill. The telecommunications carrier |
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| collecting the surcharge
shall also be entitled to deduct 3% of | 2 |
| the gross amount of surcharge
collected to reimburse the | 3 |
| telecommunications carrier for the expense of
accounting and | 4 |
| collecting the surcharge.
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| (h) Except as expressly provided in subsection (a) of this | 6 |
| Section, a
municipality with a population over 500,000 may not | 7 |
| impose a
monthly surcharge in excess of $2.50
$1.25 per network | 8 |
| connection.
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| (i) Any municipality or county or joint emergency telephone | 10 |
| system
board that has imposed a surcharge pursuant to this | 11 |
| Section prior to the
effective date of this amendatory Act of | 12 |
| 1990 shall hereafter impose the
surcharge in accordance with | 13 |
| subsection (b) of this Section.
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| (j) The corporate authorities of any municipality or county | 15 |
| may issue,
in accordance with Illinois law, bonds, notes or | 16 |
| other obligations secured
in whole or in part by the proceeds | 17 |
| of the surcharge described in this
Section. Notwithstanding any | 18 |
| change in law subsequent to the issuance of
any bonds, notes or | 19 |
| other obligations secured by the surcharge, every
municipality | 20 |
| or county issuing such bonds, notes or other obligations shall
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| be authorized to impose the surcharge as though the laws | 22 |
| relating to the
imposition of the surcharge in effect at the | 23 |
| time of issuance of the
bonds, notes or other obligations were | 24 |
| in full force and effect until the
bonds, notes or other | 25 |
| obligations are paid in full.
The State of Illinois pledges and | 26 |
| agrees that it will not limit or alter
the rights and powers |
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| vested in municipalities and counties by this Section
to impose | 2 |
| the surcharge so as to impair the terms of or affect the
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| security for bonds, notes or other obligations secured in whole | 4 |
| or in part
with the proceeds of the surcharge described in this | 5 |
| Section.
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| (k) Any surcharge collected by or imposed on a | 7 |
| telecommunications
carrier pursuant to this Section shall be | 8 |
| held to be a special fund in
trust for the municipality, county | 9 |
| or Joint Emergency Telephone Board
imposing the surcharge. | 10 |
| Except for the 3% deduction provided in subsection
(g) above, | 11 |
| the special fund shall not be subject to the claims of
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| creditors of the telecommunication carrier.
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| (Source: P.A. 92-474, eff. 8-1-02; 92-526, eff. 1-1-03; 92-557, | 14 |
| eff. 1-1-03;
revised 10-2-02.)
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| (50 ILCS 750/15.4) (from Ch. 134, par. 45.4)
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| Sec. 15.4. Emergency Telephone System Board; powers.
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| (a) The corporate authorities of any county or municipality
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| that imposes a surcharge under Section 15.3 shall establish an | 19 |
| Emergency
Telephone System Board. The corporate authorities | 20 |
| shall provide for the
manner of appointment and the number of | 21 |
| members of the Board, provided that
the board shall consist of | 22 |
| not fewer than 5 members, one of whom
must be a
public member | 23 |
| who is a resident of the local exchange service territory
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| included in the 9-1-1 coverage area, one of whom (in counties | 25 |
| with a
population less than 100,000) must be a member of the |
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| county
board, and
at least 3 of whom shall be representative of | 2 |
| the 9-1-1 public safety agencies,
including but not limited to | 3 |
| police departments, fire departments, emergency
medical | 4 |
| services providers, and emergency services and disaster | 5 |
| agencies, and
appointed on the basis of their ability or | 6 |
| experience. Elected officials are
also eligible to serve on the | 7 |
| board. Members of the board shall serve without
compensation | 8 |
| but shall be reimbursed for their actual and necessary
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| expenses. Any 2 or more municipalities, counties, or | 10 |
| combination thereof,
that impose a surcharge under Section 15.3 | 11 |
| may, instead of establishing
individual boards, establish by | 12 |
| intergovernmental agreement a Joint
Emergency Telephone System | 13 |
| Board pursuant to this Section. The manner of
appointment of | 14 |
| such a joint board shall be prescribed in the agreement.
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| (b) The powers and duties of the board shall be defined by | 16 |
| ordinance
of the municipality or county, or by | 17 |
| intergovernmental agreement in the
case of a joint board. The | 18 |
| powers and duties shall include, but need not
be limited to the | 19 |
| following:
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| (1) Planning a 9-1-1 system.
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| (2) Coordinating and supervising the implementation, | 22 |
| upgrading, or
maintenance of the system, including the | 23 |
| establishment of equipment
specifications and coding | 24 |
| systems.
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| (3) Receiving moneys
monies from the surcharge imposed | 26 |
| under Section 15.3, and
from any other source, for deposit |
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| into the Emergency Telephone System Fund.
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| (4) Authorizing all disbursements from the fund.
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| (5) Hiring any staff necessary for the implementation | 4 |
| or upgrade of the
system.
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| (c) All moneys
monies received by a board pursuant to a | 6 |
| surcharge imposed under
Section 15.3 shall be deposited into a | 7 |
| separate interest-bearing
Emergency Telephone System Fund | 8 |
| account. The treasurer of the municipality or
county that has | 9 |
| established the board or, in the case of a joint board, any
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| municipal or county treasurer designated in the | 11 |
| intergovernmental agreement,
shall be custodian of the fund. | 12 |
| All interest accruing on the fund shall remain
in the fund. No | 13 |
| expenditures may be made from such fund except upon the
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| direction of the board by resolution passed by a majority of | 15 |
| all members of the
board. Expenditures may be made only to pay | 16 |
| for the costs associated with the
following:
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| (1) The design of the Emergency Telephone System.
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| (2) The coding of an initial Master Street Address | 19 |
| Guide data base, and
update and maintenance thereof.
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| (3) The repayment of any moneys
monies advanced for the | 21 |
| implementation of
the system.
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| (4) The charges for Automatic Number Identification | 23 |
| and Automatic
Location Identification equipment,
a | 24 |
| computer aided dispatch system that records, maintains, | 25 |
| and integrates
information,
mobile data transmitters | 26 |
| equipped with
automatic vehicle locators, and maintenance, |
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| replacement and
update thereof
to increase operational | 2 |
| efficiency and improve the provision of emergency
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| services.
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| (5) The non-recurring charges related to installation | 5 |
| of the Emergency
Telephone System and the ongoing network | 6 |
| charges.
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| (6) The acquisition and installation, or the | 8 |
| reimbursement of costs
therefor to other governmental | 9 |
| bodies that have incurred those costs, of road
or street | 10 |
| signs that are essential to the implementation of the | 11 |
| emergency
telephone system and that are not duplicative of | 12 |
| signs that are the
responsibility of the jurisdiction | 13 |
| charged with maintaining road and street
signs.
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| (7) Other products and services necessary for the | 15 |
| implementation,
upgrade, and maintenance of the system and | 16 |
| any other purpose related to the
operation of
the system, | 17 |
| including costs attributable directly to the construction, | 18 |
| leasing,
or maintenance of any buildings or facilities or | 19 |
| costs of personnel
attributable directly to the operation | 20 |
| of the system. Costs attributable
directly to the operation | 21 |
| of an emergency telephone system do not include the
costs | 22 |
| of public safety agency personnel who are and equipment | 23 |
| that is
dispatched in response to an emergency call. | 24 |
| (8) In the case of a municipality that imposes a | 25 |
| surcharge under subsection (h) of Section 15.3, moneys may | 26 |
| also be used for any anti-terrorism or emergency |
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| preparedness measures, including, but not limited to, | 2 |
| preparedness planning, providing local matching funds for | 3 |
| federal or State grants, personnel training, and | 4 |
| specialized equipment, including surveillance cameras as | 5 |
| needed to deal with natural and terrorist-inspired | 6 |
| emergency situations or events.
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| Moneys in the fund may also be transferred to a | 8 |
| participating fire protection district to reimburse volunteer | 9 |
| firefighters who man remote telephone switching facilities | 10 |
| when dedicated 9-1-1 lines are down.
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| (d) The board shall complete the data base before | 12 |
| implementation of the
9-1-1 system. The error ratio of the data | 13 |
| base shall not at any time
exceed 1% of the total data base.
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| (Source: P.A. 92-202, eff. 1-1-02.)
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| Section 10. The Wireless Emergency Telephone Safety Act is | 16 |
| amended by changing Sections 15, 17, 25, 35, 45, and 70 as | 17 |
| follows:
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| (50 ILCS 751/15)
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| (Section scheduled to be repealed on April 1, 2008)
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| Sec. 15. Wireless emergency 9-1-1 service. The digits | 21 |
| "9-1-1" shall be
the designated emergency telephone number | 22 |
| within the wireless system.
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| (a) Standards.
The Illinois Commerce Commission may set | 24 |
| non-discriminatory, uniform
technical and operational |
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| standards consistent with the rules of the Federal
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| Communications Commission for directing calls to authorized | 3 |
| public safety
answering points. These standards shall not in | 4 |
| any way prescribe the
technology or manner a wireless carrier | 5 |
| shall use to deliver wireless 9-1-1 or
wireless E9-1-1 calls | 6 |
| and these standards shall not exceed the requirements set
by | 7 |
| the Federal Communications Commission. However, standards for | 8 |
| directing
calls to the authorized public safety answering point | 9 |
| shall be included. The
authority given to the Illinois Commerce | 10 |
| Commission in this Section is limited
to setting standards as | 11 |
| set forth herein and does not constitute authority to
regulate | 12 |
| wireless carriers.
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| (b) Wireless public safety answering points.
For the | 14 |
| purpose of providing wireless 9-1-1 emergency services, an | 15 |
| emergency
telephone system board or, in the absence of an | 16 |
| emergency telephone system
board, a qualified governmental | 17 |
| entity may declare its intention for one or
more of its public | 18 |
| safety answering points to serve as a primary wireless 9-1-1
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| public safety answering point for its jurisdiction by notifying | 20 |
| the Chief Clerk
of the Illinois Commerce Commission and the | 21 |
| Director of State Police in writing
within 6 months after the | 22 |
| effective date of this Act or within 6 months after
receiving | 23 |
| its authority to operate a 9-1-1 system under the Emergency | 24 |
| Telephone
System Act, whichever is later. In addition, 2 or | 25 |
| more emergency telephone
system boards or
qualified units of | 26 |
| local government may, by virtue of an intergovernmental
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| agreement, provide wireless 9-1-1 service. The Department of | 2 |
| State Police
shall be the primary wireless 9-1-1 public safety | 3 |
| answering point for any
jurisdiction not providing notice to | 4 |
| the Commission and the Department of State
Police. Nothing in | 5 |
| this Act shall require the provision of wireless enhanced
9-1-1 | 6 |
| services.
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| The Illinois Commerce Commission, upon a joint request from | 8 |
| the Department of
State Police and a qualified
governmental | 9 |
| entity or an emergency telephone system board, may grant
| 10 |
| authority to the
emergency telephone system board or a | 11 |
| qualified governmental entity to provide
wireless
9-1-1 | 12 |
| service in areas for which the Department of State Police has | 13 |
| accepted
wireless 9-1-1
responsibility. The Illinois Commerce | 14 |
| Commission shall maintain a current list
of all 9-1-1
systems | 15 |
| and qualified governmental entities providing wireless 9-1-1 | 16 |
| service
under this Act.
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| Any emergency telephone system board or qualified | 18 |
| governmental entity
providing
wireless 9-1-1 service prior to | 19 |
| the effective date of this Act
may continue to
operate upon | 20 |
| notification as previously described in this Section. An
| 21 |
| emergency
telephone system
board or a qualified governmental | 22 |
| entity shall submit, with its notification,
the date
upon which | 23 |
| it commenced operating.
| 24 |
| (c) Wireless Enhanced 9-1-1 Board. The Wireless Enhanced | 25 |
| 9-1-1 Board is
created. The Board consists of 7
members
| 26 |
| appointed by the Governor with the advice and consent of the |
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| Senate.
It is recommended that the Governor appoint members | 2 |
| from the following: the
Illinois Chapter of the National | 3 |
| Emergency Numbers Association, the Illinois
State Police, law | 4 |
| enforcement
agencies, the wireless telecommunications | 5 |
| industry, an emergency
telephone system board in Cook County | 6 |
| (outside the City of
Chicago), an emergency telephone system | 7 |
| board in
the Metro-east area,
and an emergency telephone system | 8 |
| board in the
collar counties (Lake, McHenry, DuPage, Kane, and | 9 |
| Will
counties). Members of the Board
may not receive any | 10 |
| compensation but may, however, be reimbursed for any
necessary | 11 |
| expenditure in connection with their duties.
| 12 |
| Except as provided in Section 45, the Wireless Enhanced | 13 |
| 9-1-1 Board shall
set the amount of the monthly wireless | 14 |
| surcharge required to be imposed under
Section 17 on all | 15 |
| wireless subscribers in this State.
Prior to the Wireless | 16 |
| Enhanced 9-1-1 Board setting any surcharge, the Board
shall
| 17 |
| publish the proposed surcharge in the Illinois Register, hold | 18 |
| hearings on the
surcharge
and the requirements for an efficient | 19 |
| wireless emergency number system, and
elicit
public comment. | 20 |
| The Board shall determine the minimum cost necessary for
| 21 |
| implementation of this system and the amount of revenue | 22 |
| produced based upon the
number of wireless telephones in use. | 23 |
| The Board shall set the surcharge at the
minimum
amount | 24 |
| necessary to achieve the goals of the Act and shall, by July 1, | 25 |
| 2000,
file this
information with the Governor, the Clerk of the | 26 |
| House, and the Secretary of the
Senate.
The surcharge may not |
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| be more than $0.75 per month per CMRS connection.
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| The Wireless Enhanced 9-1-1 Board shall report to the | 3 |
| General Assembly by
July 1, 2000 on implementing wireless | 4 |
| non-emergency services for the
purpose of public safety using | 5 |
| the digits 3-1-1. The Board shall consider the
delivery of | 6 |
| 3-1-1 services in a 6 county area, including rural Cook County
| 7 |
| (outside of the City of Chicago), and DuPage, Lake, McHenry, | 8 |
| Will, and Kane
Counties, as well as counties outside of this | 9 |
| area by an emergency telephone
system board, a qualified | 10 |
| governmental entity, or private industry. The Board,
upon | 11 |
| completion of all its duties required under this Act, is | 12 |
| dissolved.
| 13 |
| (Source: P.A. 91-660, eff. 12-22-99 .)
| 14 |
| (50 ILCS 751/17)
| 15 |
| (Section scheduled to be repealed on April 1, 2008)
| 16 |
| Sec. 17. Wireless carrier surcharge.
| 17 |
| (a) Except as provided in Section 45, each wireless
carrier | 18 |
| shall impose a monthly wireless carrier surcharge per CMRS | 19 |
| connection
that either has a telephone number within an area | 20 |
| code assigned to Illinois by
the North American Numbering Plan | 21 |
| Administrator or has a billing address in
this State.
In the | 22 |
| case of prepaid wireless telephone service, this surcharge | 23 |
| shall be
remitted based upon the address associated with the | 24 |
| point of purchase, the
customer billing
address, or the | 25 |
| location associated with the MTN for each active prepaid
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| wireless telephone that has a sufficient positive balance
as of | 2 |
| the last day of each month, if that information is available. | 3 |
| No
wireless carrier
shall impose the surcharge authorized by | 4 |
| this
Section upon any subscriber who is subject to the | 5 |
| surcharge imposed by a unit
of local
government
pursuant to | 6 |
| Section 45.
Prior to the effective date of this amendatory Act | 7 |
| of the 95th General Assembly, the surcharge amount shall be the | 8 |
| amount set by the Wireless Enhanced 9-1-1 Board. Beginning on | 9 |
| the effective date of this amendatory Act of the 95th General | 10 |
| Assembly, the monthly surcharge imposed under this Section | 11 |
| shall be $0.73 per CMRS connection. The wireless carrier that | 12 |
| provides wireless service to the
subscriber shall collect the | 13 |
| surcharge set by the Wireless Enhanced 9-1-1 Board
from the | 14 |
| subscriber.
For mobile telecommunications services provided on | 15 |
| and after August 1, 2002,
any surcharge imposed under this Act | 16 |
| shall be imposed based upon the
municipality or county that | 17 |
| encompasses
the customer's place of primary use as defined in | 18 |
| the Mobile Telecommunications
Sourcing Conformity Act.
The | 19 |
| surcharge shall be stated as a separate item on the
| 20 |
| subscriber's monthly bill. The wireless carrier shall begin | 21 |
| collecting the
surcharge on bills issued within 90 days after | 22 |
| the Wireless Enhanced 9-1-1
Board sets the monthly wireless | 23 |
| surcharge. State and local taxes shall not
apply to the | 24 |
| wireless carrier surcharge.
| 25 |
| (b) Except as provided in Section 45, a wireless carrier | 26 |
| shall, within 45
days of collection, remit, either by check or |
|
|
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| 1 |
| by electronic funds transfer, to
the State Treasurer the amount | 2 |
| of the wireless carrier surcharge collected
from each | 3 |
| subscriber.
Of the amounts remitted under this subsection prior | 4 |
| to the effective date of this amendatory Act of the 95th | 5 |
| General Assembly, and for surcharges imposed before the | 6 |
| effective date of this amendatory Act of the 95th General | 7 |
| Assembly but remitted after its effective date , the State
| 8 |
| Treasurer shall deposit one-third into the Wireless Carrier | 9 |
| Reimbursement Fund
and two-thirds into the Wireless Service | 10 |
| Emergency Fund. For surcharges collected and remitted on or | 11 |
| after the effective date of this amendatory Act of the 95th | 12 |
| General Assembly, $0.1475 per surcharge collected shall be | 13 |
| deposited into the Wireless Carrier Reimbursement Fund, and | 14 |
| $0.5825 per surcharge collected shall be deposited into the | 15 |
| Wireless Service Emergency Fund. Of the amounts deposited into | 16 |
| the Wireless Carrier Reimbursement Fund under this subsection, | 17 |
| $0.01 per surcharge collected may be distributed to the | 18 |
| carriers to cover their administrative costs. Of the amounts | 19 |
| deposited into the Wireless Service Emergency Fund under this | 20 |
| subsection, $0.01 per surcharge collected may be disbursed to | 21 |
| the Illinois Commerce Commission to cover its administrative | 22 |
| costs.
| 23 |
| (c)
The first such remittance by wireless carriers shall | 24 |
| include the number
of customers by zip code, and the 9-digit | 25 |
| zip code if currently being used or
later implemented by the | 26 |
| carrier, that shall be the means by which the
Illinois Commerce |
|
|
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| 1 |
| Commission shall determine distributions from
the Wireless | 2 |
| Service Emergency Fund.
This information shall be updated no | 3 |
| less often than every year. Wireless
carriers are not required | 4 |
| to remit surcharge moneys that are billed to
subscribers but | 5 |
| not yet collected.
| 6 |
| (d) The Auditor General shall conduct, on an annual basis, | 7 |
| an audit of the Wireless Service Emergency Fund and the | 8 |
| Wireless Carrier Reimbursement Fund for compliance with the | 9 |
| requirements of this Act. The audit shall include, but not be | 10 |
| limited to, the following determinations:
| 11 |
| (1) Whether the Commission is maintaining detailed | 12 |
| records of all receipts and disbursements from the Wireless | 13 |
| Carrier Emergency Fund and the Wireless Carrier | 14 |
| Reimbursement Fund.
| 15 |
| (2) Whether the Commission's administrative costs | 16 |
| charged to the funds are adequately documented and are | 17 |
| reasonable.
| 18 |
| (3) Whether the Commission's procedures for making | 19 |
| grants and providing reimbursements in accordance with the | 20 |
| Act are adequate.
| 21 |
| (4) The status of the implementation of wireless 9-1-1 | 22 |
| and E9-1-1 services in Illinois.
| 23 |
| The Commission, the Department of State Police, and any | 24 |
| other entity or person that may have information relevant to | 25 |
| the audit shall cooperate fully and promptly with the Office of | 26 |
| the Auditor General in conducting the audit. The Auditor |
|
|
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| General shall commence the audit as soon as possible and | 2 |
| distribute the report upon completion in accordance with | 3 |
| Section 3-14 of the Illinois State Auditing Act.
| 4 |
| (Source: P.A. 92-526, eff. 7-1-02; 93-507, eff. 1-1-04; 93-839, | 5 |
| eff. 7-30-04.)
| 6 |
| (50 ILCS 751/25)
| 7 |
| (Section scheduled to be repealed on April 1, 2008)
| 8 |
| Sec. 25. Wireless Service Emergency Fund; distribution of | 9 |
| moneys.
Within 60 days after the effective date of this Act, | 10 |
| wireless carriers
shall submit to the Illinois Commerce | 11 |
| Commission the number of
wireless subscribers by zip code and | 12 |
| the 9-digit zip code of the wireless
subscribers, if currently | 13 |
| being used or later implemented by the carrier.
| 14 |
| The Illinois Commerce Commission shall, subject to
| 15 |
| appropriation, make monthly proportional grants to the | 16 |
| appropriate emergency
telephone system board or qualified | 17 |
| governmental entity based upon the United
States Postal Zip | 18 |
| Code of the wireless subscriber's billing address. No
matching | 19 |
| funds shall be required from grant recipients.
| 20 |
| If the Illinois Commerce Commission is notified of an area
| 21 |
| of overlapping jurisdiction, grants for that area shall be made | 22 |
| based upon
reference to an official Master Street Address Guide | 23 |
| to the emergency
telephone system board or qualified | 24 |
| governmental entity whose public
service answering points | 25 |
| provide wireless 9-1-1 service in that area.
The emergency |
|
|
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| 1 |
| telephone system board or qualified governmental entity shall
| 2 |
| provide the Illinois Commerce Commission with a valid copy of | 3 |
| the
appropriate Master Street Address Guide. The Illinois | 4 |
| Commerce Commission does not have a duty to verify | 5 |
| jurisdictional responsibility.
| 6 |
| In the event of a subscriber billing address being matched | 7 |
| to an incorrect
jurisdiction by the Illinois Commerce | 8 |
| Commission, the recipient,
upon notification from the Illinois | 9 |
| Commerce Commission, shall
redirect the funds to the correct | 10 |
| jurisdiction. The Illinois Commerce Commission
shall not be | 11 |
| held liable for any damages relating to an
act or omission | 12 |
| under this Act, unless the act or omission constitutes gross
| 13 |
| negligence, recklessness, or intentional misconduct.
| 14 |
| In the event of a dispute between emergency telephone | 15 |
| system boards or
qualified governmental entities concerning a | 16 |
| subscriber billing address, the
Illinois Commerce Commission | 17 |
| shall resolve the dispute.
| 18 |
| The Illinois Commerce Commission shall maintain detailed | 19 |
| records
of all receipts and disbursements and shall provide an | 20 |
| annual accounting of all
receipts and disbursements to the | 21 |
| Auditor General.
| 22 |
| The Illinois Commerce Commission shall adopt rules to | 23 |
| govern the
grant process.
| 24 |
| The Illinois Commerce Commission may also use moneys in the | 25 |
| Wireless Service Emergency Fund for the purpose of conducting a | 26 |
| study to determine the future technological and financial needs |
|
|
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|
| 1 |
| of the wireless 9-1-1 systems. A study shall include input from | 2 |
| the telecommunications industry, the Illinois National | 3 |
| Emergency Number Association, and the public safety community.
| 4 |
| (Source: P.A. 93-839, eff. 7-30-04.)
| 5 |
| (50 ILCS 751/35)
| 6 |
| (Section scheduled to be repealed on April 1, 2008)
| 7 |
| Sec. 35. Wireless Carrier Reimbursement Fund; | 8 |
| reimbursement. To recover costs from the Wireless Carrier | 9 |
| Reimbursement Fund, the wireless
carrier shall submit sworn | 10 |
| invoices to the Illinois Commerce Commission. In no event may | 11 |
| any invoice for payment be approved for (i) costs
that are not | 12 |
| related to compliance with the requirements established by the
| 13 |
| wireless enhanced 9-1-1 mandates of the Federal Communications | 14 |
| Commission, (ii)
costs with respect to any wireless enhanced | 15 |
| 9-1-1 service that is not operable
at the time the invoice is | 16 |
| submitted, or (iii) costs of any wireless carrier
exceeding | 17 |
| 100% of the wireless emergency services charges remitted to the
| 18 |
| Wireless Carrier Reimbursement Fund by the wireless carrier | 19 |
| under Section
17(b) unless the wireless carrier received prior | 20 |
| approval for the expenditures
from the Illinois Commerce | 21 |
| Commission.
| 22 |
| If in any month the total amount of invoices submitted to | 23 |
| the Illinois Commerce Commission and approved for payment | 24 |
| exceeds the amount
available in the Wireless Carrier | 25 |
| Reimbursement Fund, wireless carriers that
have invoices |
|
|
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LRB095 05548 HLH 38424 a |
|
| 1 |
| approved for payment shall receive a pro-rata share of the | 2 |
| amount
available in the Wireless Carrier Reimbursement Fund | 3 |
| based on the relative
amount of their approved invoices | 4 |
| available that month, and the balance of
the payments shall be | 5 |
| carried into the following months until all of the approved
| 6 |
| payments
are made.
| 7 |
| A wireless carrier may not receive payment from the | 8 |
| Wireless Carrier
Reimbursement Fund for its costs of providing | 9 |
| wireless enhanced 9-1-1 services
in an area when a unit of | 10 |
| local government or emergency telephone system board
provides | 11 |
| wireless 9-1-1 services in that area and was imposing and | 12 |
| collecting a
wireless carrier surcharge prior to July 1, 1998.
| 13 |
| The Illinois Commerce Commission shall maintain detailed | 14 |
| records
of all receipts and disbursements and shall provide an | 15 |
| annual accounting of all
receipts and disbursements to the | 16 |
| Auditor General.
| 17 |
| The Illinois Commerce Commission shall adopt rules to | 18 |
| govern the
reimbursement process.
| 19 |
| Upon the effective date of this amendatory Act of the 95th | 20 |
| General Assembly, or as soon thereafter as practical, the State | 21 |
| Comptroller shall order transferred and the State Treasurer | 22 |
| shall transfer the sum of $8,000,000 from the Wireless Carrier | 23 |
| Reimbursement Fund to the Wireless Service Emergency Fund. That | 24 |
| amount shall be used by the Illinois Commerce Commission to | 25 |
| make grants in the manner described in Section 25 of this Act.
| 26 |
| (Source: P.A. 93-507, eff. 1-1-04; 93-839, eff. 7-30-04.)
|
|
|
|
09500SB0837ham002 |
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LRB095 05548 HLH 38424 a |
|
| 1 |
| (50 ILCS 751/45)
| 2 |
| (Section scheduled to be repealed on April 1, 2008)
| 3 |
| Sec. 45. Continuation of current practices. | 4 |
| Notwithstanding any other
provision of this Act, a unit of | 5 |
| local government or emergency telephone
system board providing | 6 |
| wireless 9-1-1 service and imposing and collecting a
wireless | 7 |
| carrier surcharge prior to July 1, 1998 may continue its | 8 |
| practices of
imposing and collecting its wireless carrier | 9 |
| surcharge, but in no event shall
that monthly surcharge exceed | 10 |
| $2.50
$1.25 per commercial mobile radio service (CMRS)
| 11 |
| connection or in-service telephone number billed on a monthly | 12 |
| basis.
For mobile telecommunications services provided on and | 13 |
| after August 1, 2002,
any surcharge imposed shall be imposed | 14 |
| based upon the municipality or county
that encompasses the | 15 |
| customer's place of primary use as defined in the Mobile
| 16 |
| Telecommunications Sourcing Conformity Act.
| 17 |
| In addition to any other lawful purpose, a municipality | 18 |
| with a population over 500,000 may use the moneys collected | 19 |
| under this Section for any anti-terrorism or emergency | 20 |
| preparedness measures, including, but not limited to, | 21 |
| preparedness planning, providing local matching funds for | 22 |
| federal or State grants, personnel training, and specialized | 23 |
| equipment, including surveillance cameras as needed to deal | 24 |
| with natural and terrorist-inspired emergency situations or | 25 |
| events.
|
|
|
|
09500SB0837ham002 |
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LRB095 05548 HLH 38424 a |
|
| 1 |
| (Source: P.A. 91-660, eff. 12-22-99; 92-526, eff. 7-1-02 .)".
| 2 |
| (50 ILCS 751/70)
| 3 |
| (Section scheduled to be repealed on April 1, 2008)
| 4 |
| Sec. 70. Repealer. This Act is repealed on April 1, 2013
| 5 |
| 2008 .
| 6 |
| (Source: P.A. 93-507, eff. 1-1-04.)
| 7 |
| Section 15. The Public Utilities Act is amended by changing | 8 |
| Section 13-203 as follows:
| 9 |
| (220 ILCS 5/13-203) (from Ch. 111 2/3, par. 13-203)
| 10 |
| (Section scheduled to be repealed on July 1, 2009)
| 11 |
| Sec. 13-203. Telecommunications service.
| 12 |
| "Telecommunications service"
means the provision or | 13 |
| offering for rent, sale or lease, or in exchange for
other | 14 |
| value received, of the transmittal of information, by means of
| 15 |
| electromagnetic, including light, transmission with or without | 16 |
| benefit of
any closed transmission medium, including all | 17 |
| instrumentalities,
facilities, apparatus, and services | 18 |
| (including the collection, storage,
forwarding, switching, and | 19 |
| delivery of such information) used to provide
such transmission | 20 |
| and also includes access and interconnection arrangements
and | 21 |
| services.
| 22 |
| "Telecommunications service" does not include, however:
| 23 |
| (a) the rent, sale, or lease, or exchange for other |
|
|
|
09500SB0837ham002 |
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|
| 1 |
| value received, of
customer premises equipment except for | 2 |
| customer premises equipment owned or
provided by a | 3 |
| telecommunications carrier and used for answering 911 | 4 |
| calls,
and except for customer premises equipment provided | 5 |
| under Section 13-703;
| 6 |
| (b) telephone or telecommunications answering | 7 |
| services, paging services,
and physical pickup and | 8 |
| delivery incidental to the provision of information
| 9 |
| transmitted through electromagnetic, including light, | 10 |
| transmission;
| 11 |
| (c) community antenna television service which is | 12 |
| operated to perform
for hire the service of receiving and | 13 |
| distributing video and audio program
signals by wire, cable | 14 |
| or other means to members of the public who
subscribe to | 15 |
| such service, to the extent that such service is utilized
| 16 |
| solely for the one-way distribution of such entertainment | 17 |
| services with no
more than incidental subscriber | 18 |
| interaction required for the selection of
such | 19 |
| entertainment service ; and
. | 20 |
| (d) for the purpose of this Act only, public mobile | 21 |
| service, as defined under Section 13-214 of this Act, or | 22 |
| commercial mobile service, as defined under Section 13-214 | 23 |
| of this Act, if there are 2 or more certified providers of | 24 |
| such service, except that the Commission retains | 25 |
| authority: | 26 |
| (1) over those services provided by Eligible |
|
|
|
09500SB0837ham002 |
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LRB095 05548 HLH 38424 a |
|
| 1 |
| Telecommunications Carriers, as designated by the | 2 |
| Commission pursuant to subsection (e) of Section | 3 |
| 13-301 of this Act and in accordance with subsection | 4 |
| (e)(2) of Section 214 of the federal Communications Act | 5 |
| of 1934; | 6 |
| (2) over interconnection agreements pursuant to | 7 |
| subsections (a)(1) and (e) of Section 252 of the | 8 |
| federal Telecommunications Act of 1996, 47 U.S.C. 252; | 9 |
| (3) over area code relief, as set forth in Section | 10 |
| 52.19 of the Code of Federal Regulations, 47 CFR 52.19; | 11 |
| (4) over issues related to the Wireless Emergency | 12 |
| Telephone Safety Act, 50 ILCS 551/, and related to | 13 |
| other emergency services; | 14 |
| (5) over Certificates of Service Authority to | 15 |
| offer public mobile service or commercial mobile | 16 |
| service; and | 17 |
| (6) to the extent permissible under 47 U.S.C. | 18 |
| 332(c)(3).
| 19 |
| The Commission may, by rulemaking, exclude (1) private line | 20 |
| service which
is not directly or indirectly used for the | 21 |
| origination or termination of
switched telecommunications | 22 |
| service, (2) cellular radio service, (3)
high-speed | 23 |
| point-to-point data transmission at or above 9.6 kilobits, or
| 24 |
| (4) the provision of telecommunications service by a company or | 25 |
| person
otherwise subject to Section 13-202 (c) to a | 26 |
| telecommunications carrier,
which is incidental to the |
|
|
|
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LRB095 05548 HLH 38424 a |
|
| 1 |
| provision of service subject to Section 13-202 (c),
from active | 2 |
| regulatory oversight to the extent it finds, after notice, | 3 |
| hearing
and comment that such exclusion is consistent with the | 4 |
| public interest and
the purposes and policies of this Article. | 5 |
| To the extent that the
Commission has excluded cellular radio | 6 |
| service from active regulatory
oversight for any provider of | 7 |
| cellular radio service in this State pursuant
to this Section, | 8 |
| the Commission shall exclude all other providers of
cellular | 9 |
| radio service in the State from active regulatory oversight
| 10 |
| without an additional rulemaking proceeding where there are 2 | 11 |
| or more
certified providers of cellular radio service in a | 12 |
| geographic area.
| 13 |
| (Source: P.A. 90-185, eff. 7-23-97 .)
| 14 |
| Section 99. Effective date. This Act takes effect January | 15 |
| 1, 2008.".
|
|