State of Illinois
91st General Assembly
Legislation

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91_SB0382

 
                                               LRB9102457JSmg

 1        AN   ACT   concerning   local   loop   telecommunications
 2    facilities.

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

 5        Section 5.  The Public Utilities Act is amended by adding
 6    Sections 13-216, 13-217, and 13-508.2 as follows:

 7        (220 ILCS 5/13-216 new)
 8        Sec. 13-216.  Local loop.  "Local loop" means all of  the
 9    physical  facilities  existing between the central office and
10    the premises of an end user that  are  necessary  to  provide
11    telecommunications services to an end user including:
12             (1)  the central office itself;
13             (2)  network interface devices;
14             (3)  distribution and feeder facilities;
15             (4)  the  point  of  termination of distribution and
16        feeder facilities at the central office;
17             (5)  interconnection and points of termination  with
18        other equipment in the central office including switches,
19        multiplexors, digital cross-connects, DLC equipment (e.g.
20        Litespan   2000   with  GR303  capability),  fiber  optic
21        terminals, and other facilities;
22             (6)  all rights of ways and poles, ducts, or conduit
23        used in the provision of loops;
24             (7)  all vehicles and other equipment  necessary  to
25        install and maintain the loop plant;
26             (8)  all   operational   support   systems  used  in
27        pre-ordering,   ordering,   provisioning,    maintaining,
28        repairing, and billing the transport facilities.

29        (220 ILCS 5/13-217 new)
30        Sec. 13-217. Incumbent local exchange carrier. "Incumbent
 
                            -2-                LRB9102457JSmg
 1    local    exchange    carrier"    means   a   local   exchange
 2    telecommunications carrier as defined by Section 251(h)(1) of
 3    the federal Telecommunications Act of 1996.

 4        (220 ILCS 5/13-508.2 new)
 5        Sec. 13-508.2.  Local loop divestiture.
 6        (a)  On or before the July 1, 1999, the Commission  shall
 7    initiate  a  proceeding,  naming as respondents all incumbent
 8    local exchange carriers  with  more  than  35,000  subscriber
 9    access lines.  After notice and hearing, the Commission shall
10    order  the  respondent  incumbent  local  exchange carrier or
11    carriers to divest itself  or  themselves  of  ownership  and
12    control  of  local  loop  facilities and take other action as
13    necessary to prevent predatory and  discriminatory  practices
14    in  the  provisioning  and  interconnection  with  local loop
15    facilities.  The Commission shall:
16             (1)  determine the  book  value  of  facilities  and
17        assets to be divested;
18             (2)  determine  adequate compensation, based on book
19        value, for shareholders of the incumbent  local  exchange
20        telecommunications carrier;
21             (3)  oversee  the  transfer of local loop facilities
22        and assets to  another  entity,  which  shall  become  an
23        incumbent   local   exchange   carrier,  subject  to  the
24        jurisdiction of the Commission.
25             (4)  complete the proceeding no later than  July  1,
26        2000.
27        (b)  The  incumbent  local exchange carrier that has been
28    divested of its local loop facilities and assets  shall  have
29    access  to local loop facilities and assets on the same terms
30    and conditions as any other telecommunications carrier.

31        Section 99.  Effective date.  This Act takes effect  upon
32    becoming law.

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