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90_HB0865ham001
LRB9000614JSgcam01
1 AMENDMENT TO HOUSE BILL 865
2 AMENDMENT NO. . Amend House Bill 865 by replacing
3 the title with the following:
4 "AN ACT concerning access to telecommunications
5 services."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 1. Short title. This Act may be cited as the
9 Tenant Telecommunications Freedom Act.
10 Section 5. Choice of telecommunications carrier.
11 (a) No lease or other agreement hereafter entered into
12 between an owner or manager (herein "landlord") and a tenant
13 in this State shall prohibit or restrict the tenant from
14 selecting telecommunications carriers of the tenant's choice
15 for the provision of services to the leased premises, and no
16 such prohibition or restriction shall be made a condition
17 precedent to entering into such an agreement with any such
18 tenant.
19 (b) No landlord shall interfere directly or indirectly
20 with a tenant's choice by prohibiting or unreasonably
21 restricting access to a building containing leased premises
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1 where such access is sought by a telecommunications carrier
2 for the purpose of making available telecommunications
3 services, as defined in Section 13-203 of the Public
4 Utilities Act, to a tenant in a building.
5 (1) Upon request from any tenant of a building or
6 upon request of a telecommunications carrier, the
7 landlord of the building shall make facilities and
8 conduit space available to any telecommunications carrier
9 for the purpose of making available telecommunications
10 services to a tenant in the building.
11 (2) Such facilities and conduit space must be
12 offered to the telecommunications carrier by the landlord
13 of the building on terms and conditions that are just,
14 reasonable, and nondiscriminatory.
15 Section 90. The Plat Act is amended by changing Section
16 3 as follows:
17 (765 ILCS 205/3) (from Ch. 109, par. 3)
18 Sec. 3. The acknowledgment and recording of such plat, or
19 the acknowledgment and the filing of the same shall be held
20 in all courts to be a conveyance in fee simple of such
21 portions of the premises platted as are marked or noted on
22 such plat as donated or granted to the public, or any person,
23 religious society, corporation or body politic, and as a
24 general warranty against the donor, his or her heirs and
25 representatives, to such donee or grantee, for their use or
26 for the use and purposes therein named or intended, and for
27 no other use or purpose; and the premises intended for any
28 street, alley, way, common or other public use in any city,
29 village or town, or addition thereto, shall be held in the
30 corporate name thereof in trust to and for the uses and
31 purposes set forth or intended. Any portion of the premises
32 platted that is marked or noted on such plat as a way or
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1 easement for public service facilities or utility or
2 community antenna television services shall be deemed a way
3 or easement granted to every provider of utility (including
4 telecommunications) services or community antenna television
5 services then or thereafter authorized to provide such
6 services within the relevant jurisdiction.
7 (Source: P.A. 83-345.)
8 Section 95. The Public Utilities Act is amended by
9 changing Section 10-108 as follows:
10 (220 ILCS 5/10-108) (from Ch. 111 2/3, par. 10-108)
11 Sec. 10-108. Complaint may be made by the Commission, of
12 its own motion or by any person or corporation, chamber of
13 commerce, board of trade, or any industrial, commercial,
14 mercantile, agricultural or manufacturing society, or any
15 body politic or municipal corporation by petition or
16 complaint in writing, setting forth any act or things done or
17 omitted to be done in violation, or claimed to be in
18 violation, of any provision of this Act, or of any order or
19 rule of the Commission.
20 Complaints may also be heard by the Commission that the
21 owner or manager (herein, "landlord") of a building has
22 failed to comply with the Tenant Telecommunications Freedom
23 Act. Complaints may be brought by the tenant or
24 telecommunications carrier affected by the failure of the
25 landlord to comply. If the Commission finds that the
26 landlord has failed to comply with that Act, it may order the
27 landlord to make available facilities and conduit space on
28 terms and conditions that are just, reasonable, and
29 nondiscriminatory. Further, it may find null and void any
30 term of a lease entered into between a landlord and tenant
31 that shall prohibit or restrict the tenant from selected
32 telecommunications carriers of the tenant's choice for the
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1 provision of telecommunications services to the leased
2 premises.
3 In the discretion of the Commission, matters presented by
4 one complaint may be ordered separated, and matters upon
5 which complaint may be founded may be joined. No objection
6 shall be sustained to a separation merely because the matters
7 separated are under the ownership, control or management of
8 the same persons or corporation. No complaint shall be
9 dismissed because of the absence of direct damage to the
10 complainant.
11 Upon the filing of a complaint the Commission shall cause
12 a copy thereof to be served upon the person or corporation
13 complained of which shall be accompanied by a notice
14 requiring that the complaint be satisfied and answered within
15 a reasonable time to be specified by the Commission or within
16 the discretion of the Commission, by a notice fixing a time
17 when and place where a hearing will be had upon such
18 complaint. Notice of the time and place shall also be given
19 to the complainant and to such other persons as the
20 Commission shall deem necessary. The Commission shall have
21 authority to hear and investigate any complaint
22 notwithstanding the fact that the person or corporation
23 complained of may have satisfied the complaint.
24 The time fixed for such hearing shall not be less than
25 ten days after the date of the service of such notice and
26 complaint except as herein provided. Service in all hearings,
27 investigations, and proceedings before the Commission may be
28 made upon any person upon whom a summons may be served in
29 accordance with the provisions of the Civil Practice Law and
30 all existing and future amendments thereto and modifications
31 thereof and the Supreme Court Rules now or hereafter adopted
32 in relation to that Law, and may be made personally or by
33 mailing same in the United States mail in a sealed envelope
34 with postage prepaid. The provisions of this section as to
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1 notice shall apply to all hearings held by the Commission or
2 under its authority.
3 Any public utility shall have a right to complain on any
4 of the grounds upon which complaints are allowed to be filed
5 by other parties, and the same procedure shall be adopted and
6 followed as in other cases.
7 All cities shall have power to appear as complainants or
8 to make application before the Illinois Commerce Commission
9 for an inquiry, investigation or hearing relating to the
10 rates or other charges or services of public utilities within
11 such city; and in case of any inquiry, investigation or
12 hearing by or before the Illinois Commerce Commission on any
13 matter relating to the rates or other charges or services
14 within any city, the city shall receive written notice not
15 less than ten days before such inquiry, investigation or
16 hearing, and shall be entitled to appear and present evidence
17 relating to the subject matter of such inquiry, investigation
18 or hearing. Such notice shall be served upon the city clerk,
19 and upon the city attorney or head of the law department of
20 the city.
21 Whenever there shall be filed a complaint under Article
22 IX of this Act regarding the rates, charges, classifications
23 or services of a public utility, the Commission shall make
24 and render findings concerning the subject matter and facts
25 complained of and enter its order based thereon not later
26 than one year after the filing of such complaint unless all
27 parties to the complaint proceeding under Article IX agree to
28 a period of greater than one year, provided that any
29 agreement to extend the one year period must be in writing
30 and must be for a specified period of time not exceeding 60
31 days. The parties may enter into more than one agreement to
32 extend time.
33 In the event that the Commission fails to enter its order
34 within one year after the filing of the complaint or upon the
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1 expiration of the last agreement to extend time, any party
2 may file a complaint in the circuit court for an emergency
3 order of mandamus to direct and compel the Commission to
4 enter its order within 60 days of the expiration of the one
5 year period or within 60 days of the expiration of the last
6 agreement to extend time, and the court shall set a schedule
7 to enable the Commission to complete the case and enter an
8 order within the time frame specified herein. Summons upon
9 the complaint shall be returnable within 5 days. The
10 complaint for an order of mandamus shall be brought in the
11 circuit in which the subject matter of the complaint is
12 situated or, if the subject matter of the hearing is situated
13 in more than one circuit, then in any one of those circuits.
14 (Source: P.A. 87-164.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.".