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

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

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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-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Broadband Advisory Council Act.
Section 5. Legislative findings and purpose. The General
Assembly finds as follows:
(1) a goal of the State of Illinois is to make
available to its citizens affordable, reliable, and
state-of-the-art Internet communications through the
expansion, extension, and general availability of
broadband services and technology, and to encourage the
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
suburban areas have broadband options, some urban
neighborhoods remain unserved;
(3) 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)

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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
(4) accordingly, it is the purpose of the General
Assembly to provide for the development of policies to
promote (A) extending broadband access to citizens of
Illinois and (B) eliminating barriers to widespread
adoption of broadband Internet access.
Section 10. Definitions. As used in this Act:
"Broadband" or "broadband service" means lines (or
wireless channels) that terminate at an end-user location and
enable the end-user to receive information from or send
information to the Internet.
"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.
"Low-income household" means a residential household with
annual household income at or below 135% of the poverty
guidelines updated periodically in the Federal Register by the
U.S. Department of Health and Human Services under the
authority of 42 U.S.C. 9902(2).

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"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.
Section 15. 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 21 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
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

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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) one member appointed by the Director of Commerce
and Economic Opportunity and nominated by the president of
the State's largest general farm organization;
(14) one member appointed by the Director of Aging and
nominated by an organization representing Illinois' senior
population with a membership of at least 1,500,000;
(15) seven members to represent broadband providers
for 3-year terms appointed by the Governor as follows:
(A) one member representing an incumbent local

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exchange carrier that serves rural areas;
(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;
(E) one member representing a statewide rural
broadband association;
(F) one member representing a telecommunications
carrier issued a certificate of public convenience and
necessity or a certificate of service authority from
the Illinois Commerce Commission, whose principal
place of business is located in east central Illinois
and who is engaged in providing broadband access in
rural areas through the installation of broadband
lines that connect telecommunications facilities to
other telecommunications facilities or to end-users;
and
(G) one member representing satellite providers.
(c) In addition to the 21 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
non-voting member of the Council.
(d) The members shall select a chair and vice chair from

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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
reimbursed for reasonable expenses incurred in the performance
of their duties from funds appropriated for that purpose.
Section 20. Powers and duties of the Council generally.
(a) The Council shall:
(1) explore any and all ways to expand the availability
to end-user customers of broadband services using
available technologies, including, but not limited to,
wireline, wireless, fixed 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

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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 the availability of broadband for
low-income households compared to the availability of
broadband for other households;
(5) explore the potential for increased use of
broadband service for the purposes of education, career
readiness, workforce preparation, and alternative career
training;
(6) explore the potential for increased use of
broadband services to facilitate aging in place;
(7) explore ways for encouraging State and municipal
agencies, including public housing authorities, to expand
the 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;
(8) cooperate and assist in the expansion of electronic
instruction and distance education services; and
(9) as the Federal Communications Commission updates
the benchmark downstream data rates and upstream data
rates, publish the revised data rates in the Illinois

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Register within 60 days after the federal update.
(b) In addition to the powers set forth elsewhere in this
Act, the Council is hereby granted the powers necessary to
carry out the purpose and intent of this Act, as enumerated in
this Section, including, but not limited to:
(1) promoting awareness of public facilities that have
community broadband access that can be used for distance
education and workforce development; and
(2) advising 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 in areas such as business, education, aging in
place, and health;
(2)receive input provided on a voluntary basis from all
Illinois broadband stakeholders and advise the Governor
and the General Assembly on policies related to broadband
in Illinois, provided that no stakeholders shall be
required to publicly disclose competitively sensitive
information or information that could compromise network
security or undermine the efficacy of reasonable network
management practices, and that any such information
voluntarily disclosed shall be protected from public

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disclosure; 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
(1) advise and make recommendations to the General Assembly and
the Governor on bringing broadband service to unserved rural
and urban areas, (2) advise and make recommendations to the
General Assembly and the Governor on facilitating broadband
adoption by all citizens, and (3) propose statutory changes
that may enhance and expand broadband in the State.
(e) The Council shall report to the General Assembly on or
before January 1 of each year. The report to the General
Assembly shall be filed with the Clerk of the House of
Representatives and the Secretary of the Senate in electronic
form only, in the manner that the Clerk and the Secretary shall
direct. The report shall include the action that was taken by
the Council during the previous year in carrying out the
provisions of this Act. The Council shall also make any other
reports as may be required by the General Assembly or the
Governor.