Bill Text: IL SB0705 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Telecommunications Article of the Public Utilities Act. Makes a technical change in a Section concerning a certificate of service authority.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2009-08-15 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0705 Detail]

Download: Illinois-2009-SB0705-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB0705 Introduced 2/6/2009, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
220 ILCS 5/13-401 from Ch. 111 2/3, par. 13-401
Amends the Telecommunications Article of the Public Utilities Act. Makes a technical change in a Section concerning a certificate of service authority.
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A BILL FOR
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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 5. The Public Utilities Act is amended by changing
Section 13-401 as follows:
(220 ILCS 5/13-401) (from Ch. 111 2/3, par. 13-401)
(Section scheduled to be repealed on July 1, 2009)
Sec. 13-401. Certificate of Service Authority.
(a) No telecommunications carrier not possessing a
certificate of public convenience and and necessity or
certificate of authority from the Commission at the time this
Article goes into effect shall transact any business in this
State until it shall have obtained a certificate of service
authority from the Commission pursuant to the provisions of
this Article.
No telecommunications carrier offering or providing, or
seeking to offer or provide, any interexchange
telecommunications service shall do so until it has applied for
and received a Certificate of Interexchange Service Authority
pursuant to the provisions of Section 13-403. No
telecommunications carrier offering or providing, or seeking
to offer or provide, any local exchange telecommunications
service shall do so until it has applied for and received a

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Certificate of Exchange Service Authority pursuant to the
provisions of Section 13-405.
Notwithstanding Sections 13-403, 13-404, and 13-405, the
Commission shall approve a cellular radio application for a
Certificate of Service Authority without a hearing upon a
showing by the cellular applicant that the Federal
Communications Commission has issued to it a construction
permit or an operating license to construct or operate a
cellular radio system in the area as defined by the Federal
Communications Commission, or portion of the area, for which
the carrier seeks a Certificate of Service Authority.
No Certificate of Service Authority issued by the
Commission shall be construed as granting a monopoly or
exclusive privilege, immunity or franchise. The issuance of a
Certificate of Service Authority to any telecommunications
carrier shall not preclude the Commission from issuing
additional Certificates of Service Authority to other
telecommunications carriers providing the same or equivalent
service or serving the same geographical area or customers as
any previously certified carrier, except to the extent
otherwise provided by Sections 13-403 and 13-405.
Any certificate of public convenience and necessity
granted by the Commission to a telecommunications carrier prior
to the effective date of this Article shall remain in full
force and effect, and such carriers need not apply for a
Certificate of Service Authority in order to continue offering

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or providing service to the extent authorized in such
certificate of public convenience and necessity. Any such
carrier, however, prior to substantially altering the nature or
scope of services provided under a certificate of public
convenience and necessity, or adding or expanding services
beyond the authority contained in such certificate, must apply
for a Certificate of Service Authority for such alterations or
additions pursuant to the provisions of this Article.
The Commission shall review and modify the terms of any
certificate of public convenience and necessity issued to a
telecommunications carrier prior to the effective date of this
Article in order to ensure its conformity with the requirements
and policies of this Article. Any Certificate of Service
Authority may be altered or modified by the Commission, after
notice and hearing, upon its own motion or upon application of
the person or company affected. Unless exercised within a
period of two years from the issuance thereof, authority
conferred by a Certificate of Service Authority shall be null
and void.
(b) The Commission may issue a temporary Certificate which
shall remain in force not to exceed one year in cases of
emergency, to assure maintenance of adequate service or to
serve particular customers, without notice and hearing,
pending the determination of an application for a Certificate,
and may by regulation exempt from the requirements of this
Section temporary acts or operations for which the issuance of

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a certificate is not necessary in the public interest and which
will not be required therefor.
(Source: P.A. 87-856.)