State of Illinois
90th General Assembly
Legislation

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[ Senate Amendment 002 ]

90_SB0700sam001

                                          SRS90SB0700JJcham01
 1                    AMENDMENT TO SENATE BILL 700
 2        AMENDMENT NO.     .  Amend Senate Bill 700  by  replacing
 3    the title with the following:
 4        "AN ACT relating to competition in the telecommunications
 5    industry amending named Acts."; and
 6    by  replacing  everything  after the enacting clause with the
 7    following:
 8        "Section 5.  The  Public  Utilities  Act  is  amended  by
 9    changing Sections 13-102 and 13-103 as follows:
10        (220 ILCS 5/13-102) (from Ch. 111 2/3, par. 13-102)
11        (This Section is scheduled to be repealed July 1, 1999.)
12        Sec.     13-102.      Findings.     With    respect    to
13    telecommunications services, as herein defined,  the  General
14    Assembly finds that:
15        (a)  universally    available   and   widely   affordable
16    telecommunications services  are  essential  to  the  health,
17    welfare and prosperity of all Illinois citizens;
18        (b)  recent  federal  regulatory  and judicial rulings in
19    the   1980s   have   caused   a    restructuring    of    the
20    telecommunications  industry  and have opened some aspects of
21    the industry  to  competitive  entry,  thereby  necessitating
                            -2-           SRS90SB0700JJcham01
 1    revision  of State telecommunications regulatory policies and
 2    practices;
 3        (c)  revisions in telecommunications regulatory  policies
 4    and  practices in Illinois beginning in the mid-1980s brought
 5    the  benefits   of   competition   to   consumers   in   many
 6    telecommunications   markets,   but  not  in  local  exchange
 7    telecommunications service markets;
 8        (d)  the   federal   Telecommunications   Act   of   1996
 9    established  the  goal  of  opening  all   telecommunications
10    service  markets to competition and accords to the states the
11    responsibility to establish and enforce policies necessary to
12    attain that goal;
13        (e)  it is in the immediate interest of the People of the
14    State of Illinois for the State to exercise its rights within
15    the new framework of  federal  telecommunications  policy  to
16    ensure  that  the  economic  benefits  of  competition in all
17    telecommunications   service   markets   are   realized    as
18    effectively as possible;
19        (f) (c)  the      competitive     offering     of     all
20    telecommunications services  will  increase  may  create  the
21    potential  for  increased  innovation  and  efficiency in the
22    provision of telecommunications  services  and  may  lead  to
23    reduced   prices   for  consumers,  increased  investment  in
24    communications infrastructure, the creation of new jobs,  and
25    the attraction of new businesses to Illinois; and
26        (g) (d)  protection   of  the  public  interest  requires
27    changes in the  continued  regulation  of  telecommunications
28    carriers  and  services  to  ensure,  to the maximum feasible
29    extent, the reasonable and timely  development  of  effective
30    competition in all telecommunications service markets for the
31    foreseeable future.
32    (Source: P.A. 84-1063.)
33        (220 ILCS 5/13-103) (from Ch. 111 2/3, par. 13-103)
                            -3-           SRS90SB0700JJcham01
 1        (This Section is scheduled to be repealed July 1, 1999.)
 2        Sec.  13-103.  Policy.  Consistent with its findings, the
 3    General Assembly declares that it is the policy of the  State
 4    of Illinois that:
 5        (a)  telecommunications  services  should be available to
 6    all Illinois citizens at  just,  reasonable,  and  affordable
 7    rates and that such services should be provided as widely and
 8    economically  as  possible  in  sufficient  variety, quality,
 9    quantity and reliability to satisfy the public interest;
10        (b)  when consistent with the protection of consumers  of
11    telecommunications  services  and  the  furtherance  of other
12    public interest goals, competition in all  telecommunications
13    service  markets should be pursued permitted to function as a
14    substitute for certain aspects of regulation  in  determining
15    the variety, quality and price of telecommunications services
16    and that the economic burdens of regulation should be reduced
17    to  the  extent  possible  consistent with the furtherance of
18    market competition and protection of the public interest;
19        (c)  all necessary and appropriate modifications to State
20    regulation of telecommunications carriers and services should
21    be  implemented  without  unnecessary   disruption   to   the
22    telecommunications  infrastructure  system or to consumers of
23    telecommunications services and  that  it  is  necessary  and
24    appropriate  to  establish  rules  to  encourage and ensure a
25    reasonable period of time to permit preparation  for  orderly
26    transitions  in  the development provision of markets for all
27    telecommunications services;
28        (d)  the consumers  of  telecommunications  services  and
29    facilities  provided  by  persons  or  companies  subject  to
30    regulation  pursuant  to  this  Act  and  Article  should  be
31    required  to pay only reasonable and non-discriminatory rates
32    or charges and that in no case should rates  or  charges  for
33    non-competitive   telecommunications   services  include  any
34    portion   of    the    cost    of    providing    competitive
                            -4-           SRS90SB0700JJcham01
 1    telecommunications services, as defined in Section 13-209, or
 2    the cost of any nonregulated activities;
 3        (e)  the  regulatory  policies and procedures provided in
 4    this Article are established in recognition of  the  changing
 5    nature  of  the  telecommunications  industry  and  therefore
 6    should  be subject to systematic legislative review to ensure
 7    that  the  public  benefits  intended  to  result  from  such
 8    policies and procedures are fully realized; and
 9        (f)  development of and prudent  investment  in  advanced
10    telecommunications services and networks that foster economic
11    development  of  the  State  should be encouraged through the
12    implementation  and  enforcement  of  policies  that  promote
13    effective and sustained competition in all telecommunications
14    service markets.
15    (Source: P.A. 87-856.)
16        Section 99.  Effective date.  This Act takes effect  upon
17    becoming law.".

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