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91_SB0408
LRB9105608JSpc
1 AN ACT to amend the Public Utilities Act by adding
2 Section 13-505.9.
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 Section 13-505.9 as follows:
7 (220 ILCS 5/13-505.9 new)
8 Sec. 13-505.9. Compliance with the federal
9 Telecommunications Act of 1996 and the orders, rules, and
10 regulations of the Federal Communications Commission;
11 Commission investigation and enforcement.
12 (a) The Commission has an affirmative duty to ensure
13 that all incumbent local exchange carriers comply with the
14 federal Telecommunications Act of 1996 and all of the rules
15 and regulations promulgated by the Federal Communications
16 Commission pursuant to that Act.
17 (b) The Commission shall initiate a proceeding to
18 determine whether incumbent local exchange carriers in this
19 State are complying with the federal Telecommunications Act
20 of 1996 and all of the rules and regulations promulgated by
21 the Federal Communications Commission pursuant to that Act.
22 (c) After notice and hearing, the Commission shall issue
23 an order stating whether incumbent local exchange carriers in
24 this State are complying with the federal Telecommunications
25 Act of 1996 and all of the rules and regulations promulgated
26 by the Federal Communications Commission pursuant to that
27 Act.
28 If the Commission determines that an incumbent local
29 exchange carrier is complying fully with the federal
30 Telecommunications Act of 1996 and all of the rules and
31 regulations promulgated by the Federal Communications
-2- LRB9105608JSpc
1 Commission pursuant to that Act, the Commission shall so
2 state in the order.
3 If the Commission determines that an incumbent local
4 exchange carrier is not complying fully with the federal
5 Telecommunications Act of 1996 and all of the rules and
6 regulations promulgated by the Federal Communications
7 Commission pursuant to that Act, the Commission shall assess
8 a fine of not more than $30,000 per day against the incumbent
9 local exchange carrier for each day it finds that the carrier
10 has failed to be in compliance with the federal
11 Telecommunications Act of 1996 and all of the rules and
12 regulations promulgated by the Federal Communications
13 Commission pursuant to that Act. The fines shall continue
14 until the carrier demonstrates to the Commission's
15 satisfaction that it is in compliance with the federal
16 Telecommunications Act of 1996 and all of the rules and
17 regulations promulgated by the Federal Communications
18 Commission pursuant to that Act.
19 (d) The Commission shall make the initial determination
20 as to whether incumbent local exchange carriers in this State
21 are complying with the federal Telecommunication Act of 1996
22 and all of the rules and regulations promulgated by the
23 Federal Communications Commission pursuant to that Act within
24 one year after the effective date of this amendatory Act of
25 the 91st General Assembly.
26 (e) Payment of fines imposed under subsection (c) shall
27 be made to the Common School Fund within 30 days of issuance
28 of the Commission order imposing the fine. The Commission
29 may apply to a court of competent jurisdiction for an order
30 requiring payment.
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.