State of Illinois
92nd General Assembly

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]



 1        AN ACT concerning open access for Internet services.

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

 4        Section 1.  Short Title. This Act may  be  cited  as  the
 5    Internet Access Enhancement Act.

 6        Section  5.  Legislative  findings.  The General Assembly
 7    declares that it is in the best interests of  the  people  of
 8    the  State of Illinois to ensure that no high-speed broadband
 9    Internet  access  transport  provider  with   an   affiliated
10    Internet  service  provider  has  a  monopoly;  that customer
11    choice of Internet Service Providers is available to  members
12    of  the  public  who  use  the  Internet;  and  that business
13    transactions   between   Internet   service   providers   and
14    high-speed  broadband  Internet  access  transport  providers
15    concerning access to the Internet are conducted in such a way
16    as to ensure high-speed broadband access to Internet  service
17    is  granted  in  a  fair,  equitable,  and non-discriminatory
18    fashion.

19        Section 10.  Definitions.
20        "Affiliate" means a person who, directly  or  indirectly,
21    owns  or  controls,  is  owned  or controlled by, or is under
22    common  ownership  or  control  with,  another  person.   For
23    purposes  of  this definition, the term "own" means to own an
24    equity  or  other  financial  interest  (or  the   equivalent
25    thereof) of more than 10% or any management interest.
26        "Cable  operator"  has the meaning set forth in 47 U.S.C.
27    Section 522(5).
28        "High-speed broadband" means possessing the capability to
29    transmit data upstream  and  downstream  at  a  rate  of  200
30    kilobits per second or greater.
                            -2-                LRB9206043JSpc
 1        "High-speed broadband Internet access transport provider"
 2    means  a  person  who  provides high-speed broadband Internet
 3    access transport services, by aid of wire,  cable,  or  other
 4    like  connection  over  facilities  owned  by it or under its
 5    control  directly   or   indirectly   to   the   public   for
 6    consideration  (on  a  bundled  or unbundled basis). The term
 7    also includes an Internet service provider who self-provides,
 8    over facilities  owned  by  it  or  under  its  control,  the
 9    high-speed  wireline  broadband  transport  of  its  services
10    between itself and its users.
11        "High-speed broadband Internet access transport services"
12    means the high-speed broadband transmission of data between a
13    user  and  his  or  her  Internet service provider's point of
14    interconnection with the high-speed broadband Internet access
15    transport provider's facilities.
16        "Internet" means collectively the myriad of computer  and
17    telecommunications   facilities,   including   equipment  and
18    operating  software,   that   comprise   the   interconnected
19    world-wide  network  of networks that employ the Transmission
20    Control Protocol/Internet Protocol,  or  any  predecessor  or
21    successor   protocols   to   such  protocol,  to  communicate
22    information of all kinds by wire or radio or any other means.
23        "Internet service provider" means a person who provides a
24    service that enables users to  access  content,  information,
25    electronic mail, or other services offered over the Internet.

26        Section 15.  Duty of high-speed broadband Internet access
27    transport  providers  to  provide equal access to services of
28    Internet service providers. A high-speed  broadband  Internet
29    access  transport  provider  who  is also a cable operator or
30    affiliate of a high-speed broadband Internet access transport
31    provider who is also  a  cable  operator  shall  provide  any
32    requesting Internet service provider access to its high-speed
33    broadband  Internet access transport services (unbundled from
                            -3-                LRB9206043JSpc
 1    the provision of content) on  rates,  terms,  and  conditions
 2    that  are at least as favorable as those on which it provides
 3    access to itself, to its affiliate, or to any  other  person.
 4    Access  shall  be  provided at any technically feasible point
 5    selected by the requesting Internet service provider  who  is
 6    also a cable operator. A high-speed broadband Internet access
 7    transport  provider  or  affiliate  of a high-speed broadband
 8    Internet  access  transport  provider  may  collect  from  an
 9    Internet service provider  the  reasonable  costs  associated
10    with providing access as required under this Section. Failure
11    to  provide access to Internet service as required under this
12    Section 15 is an unlawful practice.

13        Section  20.  Exception  established   where   high-speed
14    broadband Internet access transport services are not provided
15    to  the  public.  The  following are not providing high-speed
16    broadband Internet access transport services  to  the  public
17    within the meaning of Section 15:
18             (1)  federal,  state, or local governmental entities
19        that  provide   highspeed   broadband   Internet   access
20        transport  services  to their employees at their place of
21        employment;
22             (2)  institutions  of  higher  education  under  the
23        jurisdiction  of  the  Board  of  Higher  Education  that
24        provide high-speed broadband  Internet  access  transport
25        services to their students, faculty, or employees;
26             (3)  businesses  that  provide  high-speed broadband
27        Internet access transport services to their employees  at
28        their place of employment; and
29             (4)  real  estate  owners  or  managers that provide
30        high-speed broadband Internet access  transport  services
31        solely   to   their  own  tenants  or  residents  without
32        assessing a separate charge for  this  service  to  their
33        tenants or residents.
                            -4-                LRB9206043JSpc
 1        Section  25.  Home  rule.  The establishment of standards
 2    for  the  provision  and  enforcement  of  equal  access   to
 3    high-speed  broadband  Internet transport as provided in this
 4    Act is an exclusive power and function of the State.  A  home
 5    rule  unit  may not establish standards for the provision and
 6    enforcement of equal access to high-speed broadband  Internet
 7    transport.  This  Act is a denial and limitation of home rule
 8    powers and functions under subsection (h)  of  Section  6  of
 9    Article VII of the Illinois Constitution.

10        Section  30.  Attorney  General;  general powers. When it
11    appears to the Attorney General that a person has engaged  in
12    or  is  engaging  in  any practice declared to be unlawful by
13    this Act;  when  the  Attorney  General  receives  a  written
14    complaint  from  a consumer or Internet service provider of a
15    practice declared to be unlawful under this Act; or when  the
16    Attorney  General  believes  it  to be in the public interest
17    that an investigation should be made to ascertain  whether  a
18    person,  in  fact,  has  engaged  in  or  is  engaging in any
19    practice declared to be unlawful by this  Act,  the  Attorney
20    General may:
21             (1)  require  that  person  to file on such terms as
22        the Attorney General prescribes a statement or report  in
23        writing  under  oath  or otherwise, as to all information
24        the Attorney General may consider necessary;
25             (2)  examine under oath  any  person  in  connection
26        with the practice;
27             (3)  examine  any  record,  book, document, account,
28        paper, or other item as the Attorney General may consider
29        necessary; and
30             (4)  pursuant  to  an  order  of  a  circuit  court,
31        impound any record, book, document,  account,  paper,  or
32        other  item  that is produced in accordance with this Act
33        and retain it in the Attorney General's possession  until
                            -5-                LRB9206043JSpc
 1        the  completion  of  all  proceedings  in connection with
 2        which it is produced.

 3        Section 35.  Attorney General; issuance of subpoenas  and
 4    conduct  of hearings; rules. To accomplish the objectives and
 5    to carry out the duties prescribed by this Act, the  Attorney
 6    General,  in  addition  to other powers conferred upon him by
 7    this Act, may issue subpoenas to any  person,  administer  an
 8    oath or affirmation to any person, conduct hearings in aid of
 9    any  investigation or inquiry, prescribe forms and promulgate
10    such rules as may be necessary, which rules  shall  have  the
11    force of law.

12        Section  40.  Notice;  manner  of service. Service by the
13    Attorney General of any notice requiring a person to  file  a
14    statement  or report, or of a subpoena upon any person, shall
15    be made in the manner provided in the Civil Practice Law.

16        Section 45.  Failure to file report or obey subpoena.  If
17    a person fails or refuses to file any statement or report, or
18    obey  any  subpoena  issued  by  the  Attorney  General,  the
19    Attorney  General  may  file a complaint in the circuit court
20    for the (i) granting of injunctive relief or (ii) granting of
21    such other relief as may be required, until the person  files
22    the statement or report, or obeys the subpoena.

23        Section 50.  Injunctive and other relief.
24        (a)  When the Attorney General has reason to believe that
25    a person has engaged in or is engaging in a practice declared
26    by  this Act to be unlawful, he or she may bring an action in
27    the name of the People of the State  against  the  person  to
28    restrain  by  preliminary  or permanent injunction the act or
29    practice. The court, in  its  discretion,  may  exercise  all
30    powers  necessary  including,  but not limited to, injunctive
                            -6-                LRB9206043JSpc
 1    relief.
 2        (b)  In addition to the  remedy  provided  in  subsection
 3    (a),  the  Attorney  General  may  request, and the court may
 4    impose, a civil penalty in a sum not  to  exceed  $2,500  per
 5    offense  and costs of investigation and prosecution against a
 6    person found by the Court to have  engaged  in  any  practice
 7    declared  unlawful under this Act. Each day a person is found
 8    to be in violation of this Act shall  constitute  a  separate
 9    offense.

10        Section  55.  Private  right  of action. A person who has
11    been aggrieved as a result of a violation  of  this  Act  may
12    bring  an  action in the circuit court of the county in which
13    either party is located. Upon a  finding  that  a  party  has
14    committed  a  violation  of  this  Act,  the  court may award
15    damages and injunctive relief.

16        Section  99.  Effective  date.  This  Act  takes   effect
17    January 1, 2002.

[ Top ]