Bill Text: IL HB5752 | 2017-2018 | 100th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Public Utilities Act. Creates the Broadband Advisory Council Article in the Act. Creates the Broadband Advisory Council to explore ways to expand broadband access throughout the State, including unserved and underserved areas. Provides that the Department of Commerce and Economic Development shall provide administrative, personnel, and technical support. Provides for the voting and nonvoting membership of the Council. Provides for the powers and duties of the Council. Provides that the Council shall report to the General Assembly annually concerning actions the Council took during the previous year.

Spectrum: Moderate Partisan Bill (Democrat 48-13)

Status: (Passed) 2018-08-13 - Public Act . . . . . . . . . 100-0833 [HB5752 Detail]

Download: Illinois-2017-HB5752-Introduced.html

---

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5752 Introduced , by Rep. Natalie Phelps Finnie - Emanuel Chris Welch SYNOPSIS AS INTRODUCED:
220 ILCS 5/Art. XXIII heading new
220 ILCS 5/23-101 new
220 ILCS 5/23-102 new
220 ILCS 5/23-103 new
220 ILCS 5/23-104 new
Amends the Public Utilities Act. Creates the Broadband Advisory Council Article in the Act. Creates the Broadband Advisory Council to explore ways to expand broadband access throughout the State, including unserved and underserved areas. Provides that the Department of Commerce and Economic Development shall provide administrative, personnel, and technical support. Provides for the voting and nonvoting membership of the Council. Provides for the powers and duties of the Council. Provides that the Council shall report to the General Assembly annually concerning actions the Council took during the previous year.
LRB100 18622 SMS 33847 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB5752 LRB100 18622 SMS 33847 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Utilities Act is amended by adding
Article XXIII as follows:
(220 ILCS 5/Art. XXIII heading new)
ARTICLE XXIII. BROADBAND ADVISORY COUNCIL
(220 ILCS 5/23-101 new)
Sec. 23-101. Legislative findings and purpose. The General
Assembly finds as follows:
(1) that the primary goals of the Governor, the General
Assembly, and the citizens of this State, are (A) by the
year 2020, to make every municipality, community, rural
area, and urban neighborhood in this State accessible to
affordable, reliable, and state-of-the-art Internet
communications through the expansion, extension, and
general availability of broadband services and technology,
and (B) to encourage the ubiquitous adoption of broadband
by all citizens;
(2) that, although broadband access has been extended
to many areas of the State, many rural areas remain
unserved and, although many neighborhoods in urban and

HB5752 - 2 - LRB100 18622 SMS 33847 b
suburban areas have broadband options, some urban
neighborhoods have been bypassed for broadband deployment
or upgrades;
(3) that the issues that have hindered providing
broadband access to rural areas of the State and to some
urban neighborhoods especially disadvantage elderly and
low-income households;
(4) that fair and equitable access to 21st century
technology is essential to (A) maximize the functionality
of educational resources and educational facilities that
enable our children and adults to receive the best of
future teaching and learning, (B) civic engagement, (C)
economic development, (D) access to state-of-the-art
health care, (E) aging in place, (F) participation in a
global economy, and (G) the State's farming communities;
and
(5) accordingly, it is the purpose of the General
Assembly to provide for the development of policies, plans,
processes, and procedures to be employed and dedicated to
(A) extending broadband access to citizens of Illinois and
(B) eliminating barriers to widespread adoption of
broadband Internet access.
(220 ILCS 5/23-102 new)
Sec. 23-102. Definitions. As used in this Article:
"Broadband" or "broadband service" means a service

HB5752 - 3 - LRB100 18622 SMS 33847 b
providing advanced telecommunications capability with a
minimum downstream data rate of 25 megabits per second and a
minimum upstream data rate of 3 megabits per second that does
not require the end-user to dial up a connection, that has the
capacity to always be on, and for which the transmission speeds
are based on consistently available bandwidth rates, not
sporadic or burstable rates, with latency suitable for
real-time applications and services such as voice-over
Internet protocol and video conferencing, and with monthly
usage allowance included within a fixed price that is
reasonably comparable to that of residential terrestrial fixed
broadband offerings in urban areas. This definition of
"broadband" or "broadband services" shall be reassessed every 2
years, beginning 2 years after the effective date of this Act,
and modified as deemed appropriate by the Council.
"Broadband at benchmark speeds" means broadband service at
the upstream and downstream data rates designated by the
Federal Communications Commission, as those may change from
time to time.
"Council" means the Broadband Advisory Council.
"Downstream data rate" means the transmission speed from
the service provider source to the end-user.
"Internet protocol address" or "IP address" means a unique
string of numbers separated by periods that identifies each
computer using the Internet protocol to communicate over a
network.

HB5752 - 4 - LRB100 18622 SMS 33847 b
"Upstream data rate" means the transmission speed from the
end-user to the service provider source.
"Unserved area" means a community that has no access to
broadband service.
"Underserved area" means a community that has access to
broadband at lower than the benchmark speeds designated by the
Federal Communications Commission.
(220 ILCS 5/23-103 new)
Sec. 23-103. Broadband Advisory Council; members of
Council; administrative support.
(a) The Broadband Advisory Council is hereby established.
The Department of Commerce and Economic Opportunity shall house
the Council and provide administrative, personnel, and
technical support services.
(b) The Council shall consist of the following 17 voting
members:
(1) the Director of Commerce and Economic Opportunity
or his or her designee;
(2) the Secretary of Innovation and Technology or his
or her designee;
(3) the Director of Aging or his or her designee;
(4) the Attorney General or his or her designee;
(5) the Chairman of the Illinois Commerce Commission or
his or her designee;
(6) one member appointed by the Director of Healthcare

HB5752 - 5 - LRB100 18622 SMS 33847 b
and Family Services to represent the needs of disabled
citizens;
(7) one member appointed by the Director of Commerce
and Economic Opportunity and nominated by the president of
a statewide organization representing electric
cooperatives;
(8) one member appointed by the Director of Commerce
and Economic Opportunity and nominated by the executive
director of a statewide organization representing
municipalities;
(9) one member appointed by the Director of Commerce
and Economic Opportunity and nominated by the president of
a statewide organization representing libraries;
(10) one member appointed by the Director of Commerce
and Economic Opportunity and nominated by the president of
a statewide organization representing public housing
authorities;
(11) one member appointed by the Chair of the Illinois
Community College Board;
(12) one member appointed by the Chair of the Illinois
Board of Higher Education; and
(13) five members to represent broadband providers for
3-year terms appointed by the Governor, with the advice and
consent of the Senate, as follows:
(A) one member representing an incumbent local
exchange carrier that serves rural areas;

HB5752 - 6 - LRB100 18622 SMS 33847 b
(B) one member representing an incumbent local
exchange carrier that serves urban areas;
(C) one member representing wireless carriers that
offer broadband internet access;
(D) one member representing cable companies that
serve Illinois; and
(E) one member representing satellite providers.
(c) In addition to the 17 voting members of the Council,
the President of the Senate, the Minority Leader of the Senate,
the Speaker of the House of Representatives, and the Minority
Leader of the House of Representatives shall each appoint one
nonvoting member of the Council.
(d) The members shall select a chair and vice chair from
their number. In the absence of the chair, the vice chair shall
serve as chair. The Council shall appoint a secretary-treasurer
who need not be a member of the Council and who, among other
tasks or functions designated by the Council, shall keep
records of its proceedings.
(e) The Council may appoint working groups to investigate
and make recommendations to the full Council. Members of these
working groups need not be members of the Council.
(f) Seven voting members of the Council constitute a
quorum, and the affirmative vote of a simple majority of those
members present is necessary for any action taken by vote of
the Council.
(g) Members shall serve without compensation and may be

HB5752 - 7 - LRB100 18622 SMS 33847 b
reimbursed for reasonable expenses incurred in the performance
of their duties from funds appropriated for that purpose.
(220 ILCS 5/23-104 new)
Sec. 23-104. Powers and duties of the Council generally.
(a) The Council shall:
(1) explore any and all ways to expand access to
broadband services, including, but not limited to, middle
mile, last mile, and wireless and satellite applications;
(2) identify barriers to broadband adoption among the
residents and small businesses of Illinois;
(3) research ways to eliminate barriers to adoption
through measures such as: digital literacy programs;
programs to assist older citizens in using broadband
Internet access; programs to facilitate adoption by
disabled citizens; and programs to encourage collaborative
efforts among public universities, community colleges,
libraries public housing, and other institutions;
(4) assess whether, and if so, the degree to which
broadband redlining is occurring in urban areas, such that
certain neighborhoods within urban areas, relative to
adjacent neighborhoods (whether suburban or urban) lack
broadband access or have access at lower speeds;
(5) gather data regarding the various speeds provided
to consumers in comparison to what is advertised;
(6) explore the potential for increased use of

HB5752 - 8 - LRB100 18622 SMS 33847 b
broadband service for the purposes of education, career
readiness, workforce preparation, and alternative career
training;
(7) explore the potential for increased use of
broadband services to facilitate aging in place;
(8) explore ways for encouraging State and municipal
agencies, including public housing authorities, to expand
the development and use of broadband services for the
purpose of better serving the public, including audio and
video streaming, voice-over Internet protocol,
teleconferencing, and wireless networking;
(9) cooperate and assist in the expansion of electronic
instruction and distance education services; and
(10) as the Federal Communications Commission updates
the downstream and upstream data rates, publish the revised
data rates in the Illinois Register within 60 days of the
federal update.
(b) In addition to the powers set forth elsewhere in this
Article, the Council is hereby granted the powers necessary to
carry out the purpose and intent of this Article, as enumerated
in this Section, including, but not limited to:
(1) subject to appropriation, provide consultation
services to project sponsors in connection with the
planning, acquisition, improvement, construction, or
development of a broadband deployment project;
(2) promote awareness of public facilities that have

HB5752 - 9 - LRB100 18622 SMS 33847 b
community broadband access that can be used for distance
education and workforce development; and
(3) advise on deployment of e-government portals such
that all public bodies and political subdivisions have
websites and encourage one-stop government access and that
all public entities stream audio and video of all public
meetings.
(c) The Council shall also:
(1) monitor the broadband-based development efforts of
other states and nations in areas such as business,
education, aging in place, and health;
(2) receive input from all Illinois broadband
stakeholders and advise the Governor and the General
Assembly on policies related to broadband in Illinois; and
(3) serve as the broadband advocate to State agencies
and other State entities to communicate the broadband needs
of citizens and organizations that do not have access to
broadband service or to broadband service adequate for
their needs.
(d) The Council shall exercise its powers and authority to
(i) advise and make recommendations to the General Assembly and
the Governor on bringing broadband service to unserved and
underserved rural and urban areas, (ii) advise and make
recommendations to the General Assembly and the Governor on
facilitating broadband adoption by all citizens, and (iii)
propose statutory changes that may enhance and expand broadband

HB5752 - 10 - LRB100 18622 SMS 33847 b
in the State.
(e) The Council shall report to the General Assembly on or
before January 1 of each year. The report shall include the
action that was taken by the Council during the previous year
in carrying out the provisions of this Article. The Council
shall also make any other reports as may be required by the
General Assembly or the Governor.